Summary A council could reasonably refuse to consent to a change of use in relation to a squash club where that change of use might result in competition with other leisure facilities owned and operated by the council from adjoining or nearby properties, and whether or not the council had...
Summary Whether under the Law Reform (Contributory Negligence) Act 1945, contributory negligence was available in an action for damages for deceit. Facts This action involved thirteen separate claims against Thimbleby & Co, a two-partner firm of solicitors, now dissolved, by the plaintiff building society ('the Society'). It was part of the managed...
Summary The judge did not accept that because the proposed sale by the defendants of their business was bona fide it prevented the court from interfering. There was no reason in principal or for commercial common sense to fetter the court's jurisdiction to grant the continuation of a Mareva injunction...
Summary The application of s.1(1) Law Reform (Contributory Negligence) Act 1945 to cases of professional negligence in the context of the principles laid down by the House of Lords in South Australia Asset Management Corp v York Montague Ltd (1996) 3 WLR 87 and Nykredit Mortgage Bank plc v Edward Erdman Group Ltd (No.2) (1997) 1...
Summary The right of a tenant to hold over under Part I Landlord and Tenant Act 1954 at the end of a long lease at a low rent was property vesting in the tenant's trustee in bankruptcy and was lost if disclaimed by the trustee. Facts Appeal by plaintiff landlords from...
Summary In an application by the defendant to strike out the plaintiff's claim for want of prosecution, the judge was entitled to conclude that, due to inordinate and inexcusable delay of the plaintiff in prosecuting the claim, there was serious prejudice to the defendant and it would not be possible...
Summary Twelve related sample actions against solicitors arising out of losses on mortgage applications made by building society. This report identifies the specific issues related to each individual case. Facts INDIVIDUAL ACTIONS These were twelve sample actions considered in one judgment. In each case the judge dealt with (i) negligence...
Summary Twelve related sample actions against solicitors arising out of losses on mortgage applications made by building society. This report identifies the specific issues related to each individual case. Facts INDIVIDUAL ACTIONS In each case the judge dealt with (i) negligence and/or (ii) breach of fiduciary duty; where he...