Summary Mr and Mrs Hollens traded in partnership which carried on business as a retail fast food business operating from a mobile van which was owned by the partnership. Mr and Mrs Hollens and the partnership were each insolvent. Mr and Mrs Hollens petitioned for his/her own bankruptcy. Acting...
Summary On its proper construction, a rent review clause in a lease of a computer data centre required that the open market rent of the building was to be assessed on the assumption that the demised premises comprised high class commercial offices. Facts The claimant landlord (S) brought a Part 8...
Summary The effect of a supplemental deed between a landlord and a partnership, as the assignee of an underlease, was to restrict the assignee's liability for rent to the partnership assets to the exclusion of the personal assets of individual partners and in the case of default to limit any...
Summary Monies claimed by parties to have been loaned by one party to the other party were not on the evidence so lent by either party so that no liability attached to either party for repayment of any of such monies. Facts The claimant company (S) claimed the sum of $958,000...
Summary A mineral exhaustion certificate provided by a surveyor under a lease was invalid as the surveyor had departed from his instructions and had mistakenly considered the wrong subject matter. Facts The claimant lessor (H) brought a Part 8 claim relating to the validity of a mineral exhaustion certificate served under...
Summary The deceased died in 1992. Claims by potential creditors had been intimated against the estate but had either never been pursued or litigation had stalled for a number of years. If certain of those claims were justified then the estate would have been insolvent. The administrators (one of whom was...
Summary The amounts transferred to the appellants from a personal settlement had been received "indirectly" from the trustees of a family settlement for the purposes of the Taxation of Chargeable Gains Act 1992 s.97(5)(a). Facts The appellants (H), a married couple, appealed against their capital gains tax assessments for the...
Summary A tenant was entitled to seek damages for the landlords' failure to carry out their repair and maintenance obligations despite the existence of a clause that limited the landlords' liability where the tenant failed to inform them of the need for repairs, as the landlords had waived the benefit...
Summary Adverse possession claims to land comprising a riverbed and foreshores, asserted against the purchaser of paper title to an ancient lordship, were determined as a preliminary issue, with longstanding estate owners and the Crown being treated as squatters for the purpose of the hearing. Evidence of commercial dredging supported...