HSBC Trust Co (UK) Ltd v Gabriel Brian Quinn (2007)

Judgment Date: 09 Jul 07

Summary A written agreement that one party would sell a property to another at a certain price had not on its face been a deed, and although the language of the agreement and the fact that it was signed and witnessed indicated that it had been intended to have legal...

RE I (2007)

Judgment Date: 04 Jul 07

Summary Funds placed with a hawala company for transfer to a foreign account had not been held on trust as the hawala system was totally inconsistent with the existence of a trust and it was inherent in the system that customers' funds were consolidated and constituted the general funds of...

Thomas & Agnes Carvel Foundation v (1) Pamela Carvel (2) Carvel Foundation Inc (2007)

Judgment Date: 11 Jun 07

Summary On the application of a beneficiary under an agreement to maintain mutual wills, the court exercised its discretion under the Judicial Trustees Act 1896 s.1 to remove a personal representative of the estate of the deceased and replace her with a neutral, independent person, where she had failed to execute...

Berkeley Community Villages Ltd v Fred Daniel Pullen (2007)

Judgment Date: 07 Jun 07

Summary On the proper construction of an agreement between a property developer and landowners, whereby the developer had agreed to use its expertise to maximise the potential of land for development in return for a fee payable upon the sale of the land once planning consent had been obtained, the...

(1) Earl Cadogan (2) Cadogan Estates Ltd v 26 Cadogan Square Ltd (2007)

Judgment Date: 24 May 07

Summary Head lessees did not have the right of individual lease extension conferred on them by the Leasehold Reform, Housing and Urban Development Act 1993. Facts The appellant freeholders in two conjoined cases appealed against a decision that the respondent head lessees had a right of individual lease extension conferred on...

Howard De Walden Estates Ltd v Les Aggio: Earl Cadogan v 26 Cadogan Square Ltd (2007)

Judgment Date: 24 May 07

Summary Head lessees did not have the right of individual lease extension conferred on them by the Leasehold Reform, Housing and Urban Development Act 1993. Facts The appellant freeholders in two conjoined cases appealed against the decision that the respondent head lessees had a right of individual lease extension conferred on...

Howard De Walden Estates Ltd v Les Aggio & Ors (2007)

Judgment Date: 24 May 07

Summary The question for consideration was whether a headlessee of two flats in a block of flats was the qualifying tenant for the purposes of the Leasehold Reform Housing & Urban Development Act 1993 and was able to seek new leases of those two flats. The flats were not sublet on long...

(1) Stephen L Pitts (2) Yue Wang v Earl Cadogan : Earl Cadogan v Atlantic Telecasters Ltd (2007)

Judgment Date: 21 May 07

Summary For the purposes of a leasehold enfranchisement valuation under the Leasehold Reform Act 1967 s.9, hope value could not, as a matter of law, be included as an element in the valuation of the landlord's interest. Facts In appeals against two decisions of a leasehold valuation tribunal regarding leasehold enfranchisement...

Housden v Conservators of Wimbledon and Putney Commons (2007)

Judgment Date: 17 May 07

Summary Where a potential servient owner was prevented by statute from disposing of land, there could be no capable grantor of an easement, and so the potential dominant owner could not acquire a right by prescription based on 40 years' user under the Prescription Act 1832 s.2. Facts The appellants (H) appealed...