Phoenix Healthcare Distribution Ltd (2018) v (1) Sally Woodward (2) Mark Addison

Judgment Date: 26 Jul 18

Summary A master had been wrong to validate service of a claim form retrospectively under CPR r.6.15(2) where the defendant's solicitors had allowed the validity of the claim form to expire before alerting the claimant to the fact that service had been ineffective. A solicitor's professional duty did not require...

H Company 2 Limited v Spitalfields Small Business Association Ltd

Judgment Date: 24 Jul 18

London & Ilford Ltd v Sovereign Property Holdings Ltd (2018)

Judgment Date: 10 Jul 18

Trillium (Prime) Property GP Ltd v Elmfield Road Ltd (2018)

Judgment Date: 04 Jul 18

Summary The court interpreted a rent review clause which provided for the rent to be reviewed by reference to the Retail Prices Index rather than by reference to market rents. There was no ambiguity in the language of the clause which precluded the court from applying its literal meaning, and...

Warwickshire Aviation Ltd & 6 Ors v Littler Investments Ltd (2018)

Judgment Date: 25 Jun 18

Summary The landlord of an airfield who had served notices to terminate the tenancies of companies that rented premises there had made out its opposition to the companies' application for the grant of new tenancies on the ground that it intended to demolish the premises. Given that the local authority...

Images (Gants Hill) Management Co Ltd v Rynew Property Management Ltd (2018)

Judgment Date: 20 Jun 18

Summary A High Court claim for delivery up of documents pertaining to a property management agreement was struck out where the claimant had counterclaimed for essentially the same remedy in respect of the same dispute in ongoing county court proceedings brought by the defendant, in which discovery was imminent. The...

First Tower Trustees Ltd v CDS (Superstores International) Ltd (2018)

Judgment Date: 19 Jun 18

Summary Contractual estoppel and non-reliance clauses were not immune from scrutiny under the Misrepresentation Act 1967 s.3. Such clauses could not prevent liability arising if they failed to satisfy the reasonableness test under the Unfair Contract Terms Act 1977 s.11(1). Accordingly, a landlord was not permitted to rely on a clause in...

Cartier International AG & Ors v British Telecommunications Plc & Anor (2018)

Judgment Date: 13 Jun 18

Summary Trade mark owners who obtained website-blocking injunctions against internet service providers who were innocent conduits in relation to infringing activity carried out on websites to which they provided access, were required to indemnify the internet service providers against the costs of complying with the injunctions. Facts Five internet service...

Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd (2018)

Judgment Date: 11 Jun 18

Summary The parties to a conditional contract for the sale of land which provided for the fixing of a valuation date had reached an agreement as to that date and the valuer appointed under the contract had been wrong to depart from that agreement. Facts The claimant sought an order...