Karin Lucy Hay v Hendryk Szterbin, Joanna Barbara Szterbin, Green Wright Chalton Annis (2010)

Judgment Date: 29 Jul 10

Summary Under the terms of a Tomlin order which provided that one of three defendants was only to pay the claimant's costs which related exclusively to the action against it, and not those incurred by the claimant in respect of the dispute with the other two defendants, that defendant was...

PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)

Judgment Date: 29 Jul 10

Summary A landlord who had successfully brought a dilapidation claim against its tenant and sub-tenant was entitled to recover 90 per cent of its costs against the tenant and all of its costs against the sub-tenant, as its approach to bringing the claim had been reasonable. Facts The court was required...

Bocardo SA v Star Energy Ltd (2010)

Judgment Date: 28 Jul 10

Summary The owner of the surface of land was the owner of the strata beneath it, including the minerals that were to be found there, unless there had been an alienation of them by a conveyance, at common law or by statute to someone else. In the instant case, the...

Leslie Dweck v Mark Forstater & Ors (2010)

Judgment Date: 26 Jul 10

Summary A master had been wrong on the evidence to make non-party costs orders against the family of a litigant whom they had assisted by loans to pay his legal costs. The adverse findings and inferences he made were not open to him on the evidence, and he should have...

Rebecca Hall v Mayor Of London (2010)

Judgment Date: 16 Jul 10

Summary The court remitted for reconsideration the question of whether it was proportionate to grant applications for an order for possession and an injunction against a protestor in respect of his protest and camping on an area of Parliament Square Gardens, where his human rights had not been considered separately...

Revenue & Customs Commissioners v Noorasa Begum (Rep. Of The Estate Of Mohammed Uddin) (No 2) (2010)

Judgment Date: 15 Jul 10

Summary When deciding whether there was a "new claim" for the purposes of the Limitation Act 1980 s.35(2) and the associated rules under the CPR r.17.4, the court was obliged to compare the essential factual elements in the existing cause of action with the essential factual elements in the proposed cause...

Ruza Berrisford v Mexfield Housing Co-Operative Ltd (2010)

Judgment Date: 15 Jul 10

Summary Where a tenancy agreement was void for uncertainty of term due to a clause which stated that the tenancy could only be determined if the tenant was in arrears or otherwise in breach of the agreement, it could not be enforced as a contract by the equitable remedy of...

PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)

Judgment Date: 13 Jul 10

Summary A landlord was entitled to damages for breach of repairing and reinstatement covenants from the head lessee and from the under lessee. The head lessee was entitled to damages for disrepair and failure to reinstate against the under lessee. Facts The claimant landlord (P) claimed damages for breach of...

Alexander Franks & Irene Franks v Roy Bedward & Angela Bedward (2010)

Judgment Date: 13 Jul 10

Summary Where the adjudicator's cancellation of an application to the Land Registry for registration of title to certain land claimed by adverse possession had been set aside by a judge on appeal, it was not appropriate to require the applicants to make a fresh registration application as that would deprive...