R v Secretary of State for Environment Food And Rural Affairs & Ors (2006)

Judgment Date: 21 Jun 06

Summary The Covent Garden Market Act 1961 s.18(1)(f) was wide enough to permit the secretary of state to consent to the Covent Garden Market Authority carrying on, or granting leases which allowed to be carried on, activities unconnected with the sale of horticultural produce. Facts The secretary of state and...

Warborough Investments Ltd v Central Midlands Estates Ltd & Anor (2006)

Judgment Date: 14 Jun 06

Summary A rent review notice was valid and had been properly served by being left at the demised premises. Petition by the claimants for leave to appeal from the decision of the Court of Appeal [2005] EWCA Civ 302 Facts The claimant lessor (W) sought declarations concerning the validity of a rent...

Carphone Warehouse UK Ltd v Cyrus Malekout (2006)

Judgment Date: 14 Jun 06

Summary The effect of a Tomlin order settling possession proceedings was not just to create an estoppel limited to the legal conclusion that the tenant was a statutory tenant at that date but to create an estoppel as to the essential facts and circumstances underlying the agreement made at that...

Brian Turner v Kim Jacob (2006)

Judgment Date: 08 Jun 06

Summary A possession order was granted in favour of a claimant where the defendant occupier of the property had failed to demonstrate circumstances which would make it inequitable or unconscionable for her not to be given some interest in the property. Facts The claimant (T) sought an order for possession...

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Ors (2006)

Judgment Date: 07 Jun 06

Summary The court determined various preliminary issues in connection with a steelwork construction subcontract, including the extent of the parties obligations under the heads of agreement and supplemental agreement, the extent of the parties agreement as to valuation, the main contractor's entitlement to an abatement in respect of defective work...

GMD Developments Ltd v Leeds City Council (2006)

Judgment Date: 19 May 06

Summary A leaseholder's proposed development on demised land was permitted by the terms of the lease and the freeholder had unreasonably withheld its consent to the proposals. Facts The claimant lessee (G) sought declarations that the respondent local authority freeholder had unreasonably withheld its consent to G's proposed development and...

Hill (As Trustee In Bankruptcy Of Nurkowski) v Spread Trustee Company Ltd & Anor (2006)

Judgment Date: 12 May 06

Summary The limitation period in respect of a claim by a trustee in bankruptcy under the Insolvency Act 1986 s.423 ran from the date of the bankruptcy order. Facts The appellant trustees (T) appealed against the decision ((2005) EWHC 336 (Ch)) that a settlement, of which T were the trustees, two legal charges...

Kappler v Secretary of State for Trade & Industry (2006)

Judgment Date: 11 May 06

Summary Where the claimant secretary of state had reformulated his allegations against the defendant director during a civil trial in disqualification proceedings, the key question was whether the defendant fairly knew and understood the substance of the allegations he had to meet and whether he would suffer injustice as a...