SANGEETA MEHRA V RADIATBEN RAJNIKANT SHAH & ORS (2004) Summary The trial judge had been entitled to infer from the evidence before her that the claimant was entitled to beneficial ownership of family property. Facts The defendants (R) appealed against a decision that the claimant (S) was entitled to a share in...

Summary Viewed objectively, a letter, as counter-signed and marked, sent in the course of negotiations had not been intended to introduce a non-competition clause into the formal licence agreement by which the claimant joined a chain of hotels and became entitled, in return for fees, to the benefit of sales,...

Summary The defendant surveyors gave a negligent valuation of the claimants' rugby ground and were liable in damages for the difference between the negligent valuation and a non-negligent valuation. Facts The claimant trustees of a rugby club (W) claimed damages for breach of contract and negligence arising out of a 1996...

Summary It was not open to the court to go behind a statutory demand and review the correctness or otherwise of a judgment debt on which the demand was based. Facts The appellant (C) appealed against an order refusing his application to set aside a statutory demand. The commissioners served...

Summary The defendant landlord had not unreasonably withheld consent to the proposed alterations to be carried out by the claimant tenant since the landlord had had insufficient material to ascertain whether the proposed works would have affected the structure of the building as a whole. Facts The defendant landlords (L)...

Summary Given that a point at issue in arbitration was not of general public importance, it was not just and proper to grant permission to appeal against an arbitration award where the parties had chosen an arbitrator whose decision they should abide by. Facts The applicant (K) sought permission to...

Summary Chancery Division dispute over sum paid for highway improvements pursuant to Section 106 agreement.Whether repudiatory breach of agreement, whether works carried out were authorised by the agreement and whether reasonable endeavours used by the Council.

Summary The claimant tenant (J) sought a declaration that, further to a notice given under a tenant's break clause, J had validly terminated the lease made between itself and the defendant landlord (G) in respect of premises. G counterclaimed for declarations that J's break notice was ineffective and that the...