Chancery Division
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Norwich Union Life Insurance Society v British Telecommunications plc
Commercial premises — Underlease — Construction — Premises configured to be suitable in part for telephone exchange — “Gearing formula” for determining review — Notional letting — Whether apt to…
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Cazaly Irving Holdings Ltd v Cancol Ltd and others
Lease — Tenant in difficulties — Company voluntary arrangement — Voting rights — Whether arrangement bound landlord for future rent — Court holding that future rent capable of being included…
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S B Property Co Ltd v Chelsea Football and Athletic Co Ltd and another (third party)
Reddendum clause — Rent 10% of gross receipts relating to playing football — Whether receipts include income other than gate money — Effect of auditors’ certificate — Action by landlord…
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Re Fox Barn, part of Hawridge and Cholesbusy Commons
Land registered as common land — Land adjacent to dwellinghouse — Whether land ancillary to dwellinghouse — Whether commissioner misdirected himself — Whether ordinary purchaser would consider land as part…
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Prudential Assurance Co Ltd v Grand Metropolitan Estates Ltd
Underlease — Public house — Whether goodwill to be taken into account in calculating rent review — Arbitrator disregarding goodwill — High Court holding that arbitrator right to find that…
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National Trust for Places of Historic Interest or Natural Beauty v Ashbrook and others
National Trust wanting to fence areas of common land – Defendants claiming National Trust had no authority to do so – Whether on true construction of section 29 of National…
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Nationwide Building Society v Balmer Radmore and related actions
Solicitor acting for both lender and borrower – Extent of solicitor’s duty as fiduciary to report to lender matters pointing to fraud by borrower – Matters including subsale at increased…
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Dukeminster (Ebbgate House One) Ltd v Somerfield Property Co Ltd (formerly Gateway Properties Ltd)
Sale and leaseback — 25-year lease — Upwards-only rent review — Landlords entitled to choose notional premises within 35-mile radius — High Court finding in plaintiff’s favour on construction issue…
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Sampson and another v Wilson and others
Unlawful eviction — Plaintiffs claiming damages — Whether subagent liable — Whether within scope of employment — Subagent liable as joint tortfeasor with landlord
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Oxy Electric Ltd v Zainuddin and others
Covenant restraining erection of buildings except as defined — Planning permission granted for community centre and mosque in 1988 — Plaintiffs having benefit of restrictive covenant — Proceedings issued in…
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Clowes Developments (UK) Ltd v Mulchinock
Vendor and purchaser entering contract for sale of property – Completion to be made when property was ‘substantially completed’ – Roadways not in accordance with requirements of highway authority -…
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Selby District Council v Samuel Smith Old Brewery Ltd
Defendant owning properties adjacent to council-owned town-centre site – Council selling centre site to defendant while taking option to repurchase in certain events – Council exercising option – Defendant claiming…