Summary Where there had been a novation of a contract of insurance, so that any payment to be made to the policy holder would be made by a third party which would derive the benefit of the reinsurance, there was no loss to the original reinsured. The liability to the...
Summary In an appeal from a decision of Master Muncaster the issue was whether parts of a statement of claim should be struck out: the question which the judge asked himself was "is it perfectly clear that this claim cannot succeed?". Facts The action arose out of the investment of #10...
Summary Appeal against a decision of Langley J on four issues arising from Baltic Insurance Group's ('Baltic') counterclaim. Following a commitment by Jordan Grand Prix Ltd ('Jordan') to pay bonuses to its employees if it finished in the top six in the 1994 Formula 1 World Championship, it insured against this contingent...
Summary There were 3 issues in the case: (1) If a lease is disclaimed prior to forfeiture, can the court grant relief from forfeiture pursuant to its inherent jurisdiction at the request of a sub-tenant (no); (2) In such a case, can the court make a vesting order pursuant to s.146(4) of the...
Summary Applications for leave to apply by judicial review to stop the deer hunting ban on National Trust Land in Devonshire and Somerset and for injunctive relief. Facts Renewed application by deer hunters and tenant farmers for judicial review of the National Trust's decision not to renew deer hunting licences...
Summary Appeal by landlord against decision that allowing nuisance to continue on demised premises was a derogation of grant towards another tenant. Facts The appellants were developers of a site on Bognor Regis High Street. The respondent was the father of a business woman who opened a shop selling executive...
Summary Sub-tenants in mixed residential and business premises may still enjoy Rent Act protection after expiry of head-lease. Facts Three appeals, against County Court possession orders, by sub-tenants (Baines, Hopkins and Hammad) who enjoyed sub-tenancies in premises used both as dwelling houses and for business purposes. In each case the...
Summary Construing a rent review clause which put the notional premises from which market rent was to be ascertained in a wide area where widely differing rents for such premises were being charged. Facts Defendant's appeal from part of an order of Michael Hart QC on the 14th March 1996 in...