Chancery Division
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Yorkshire Derwent Trust Ltd and another v Brotherton and others
Rights of way — River Derwent — Riparian owners denying any public rights of navigation — Whether public right of navigation pre-1702 — Whether any, and if so what, rights…
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Gyoury v Northern Rock Building Society
Building society owning subsidiary company – Subsidiary carrying on business of estate agency – Subsidiary taking leases of properties – Society selling subsidiary – Subsidiary failing to pay rent and…
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BRS Northern Ltd v Templeheights Ltd and another
Landlord refusing consent to assignment on ground that prospective assignee solely concerned to spoil development proposal of prospective buyer of freehold reversion – Whether refusal reasonable notwithstanding that proposal depended…
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Grundy v Summit Group Holdings Ltd
Sale of freehold subject to lease reserving reviewable rent – Vendor contracting for addition to price in event of increase on first review – Vendor entitled to call for independent…
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Regalian Properties plc and others v London Dockland Development Corporation
Developer — Offer to purchase site — Agreement “subject to contract” — Parties unable to agree terms — Prospective purchaser incurring expense in relation to proposed development — Whether purchaser…
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Re Dent, a bankrupt
Dwelling-house — Husband executed deed of gift to wife — Husband later adjudicated bankrupt on own petition in 1986 — Husband discharged from bankruptcy in 1989 — Trustee in bankruptcy…
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Howkins & Harrison (a firm) v Tyler and another
Borrower defaulting on mortgage loan – Lender recovering substantial damages against surveyor for negligent valuation – Valuer claiming contribution from borrower under Civil Liability Act 1978 – Whether Act applicable…
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Royal & Sun Alliance Insurance Group plc v Commissioners of Customs & Excise
Regulation 109 of VAT Regulations 1995 – Election to waive VAT exemption – Landlords opting to tax – Tenant ceasing to occupy – Tenant paying rent plus VAT while seeking…
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Jamal v Shahq
Contract to sell — National Conditions of Sale — Notice to complete — Notice to rescind — Purchaser in possession under licence to carry out works — Proceedings under Ord…
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McKay Securities plc v Surrey County Council
Express grant of roadway to give access to highway – Unclear whether granted for all purposes – Whether permissible to refer to recitals – Whether grant carried ancillary right to…
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Esselte AB and another v Pearl Assurance plc
Commercial underlease — Determination of lease — Defendant vacating premises — Business user ceasing before contractual expiry date — Whether lease validly subsisting under 1954 Act — Whether tenant needing…
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Paragon Finance plc v Sternberg and others
Mortgagee defrauded by persons buying under equity participation scheme – Mortgagee proceeding against solicitor both for negligence and complicity in fraud – Whether solicitor should have been alert to buyers’…