Summary A name and arms clause in a will, which made a beneficiary's enjoyment of an estate conditional upon the adoption of the testator's surname and upon "applying for and endeavouring to obtain" a royal licence to bear arms, was construed as containing two requirements, namely use of surname and...

Summary Where the two members of a joint venture residential development company had agreed upon a final allocation of a parcel of land in the belief that a planning application for development of the land would be granted, there was no scope for re-opening the agreed allocation when planning permission...

Summary On a proper construction of the Leasehold Reform, Housing and Urban Development Act 1993 s.2, a nominee purchaser could acquire only those parts of a leasehold interest that it needed. Facts The appellant (D), the nominee purchaser in respect of a claim for the collective enfranchisement of a block of...

Summary Disrepair claim raising complex issues as to the assessment of the damages payable in relation to an underlease which had only a few months unexpired, including questions as to the correct approach to assessment, the proper approach to the valuation exercise, and the effect of outstanding leasehold enfranchisement claims.

Summary A county court judge had erred in finding that motor dealers had concluded several contracts of sale with a finance company. The parties' conduct could not properly be regarded as manifesting an intention to create a legal relationship in the form of a contract of sale. Facts (1) It was...

Summary The wording of the CPR r.6.37(5)(b) was wide enough to confer jurisdiction on a court to order service by alternative means in respect of service out of the jurisdiction provided the court had a good reason to do so. Facts The court was required to determine whether a...

Summary The appellant (D) appealed against a decision ((2009) EWCA Civ 1165, (2010) STC 80) that it was not entitled to relief in respect of a non-trading deficit in relation to of a series of net-paying "repo" transactions. D had entered into the transactions with a bank, the bank selling gilts to D and...

Summary By making copies of newspaper back-issues available to the public on a website a newspaper publisher had infringed the copyright of a photographer whose images had been printed in some of those newspapers as such exploitation by electronic means was different in kind from the exploitation of existing hard...