Chancery Division
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Burston Finance Ltd v Wilkins and Persons Unknown
Squatters–Possession ordered summarily under order 113 despite defects in owner’s affidavit–Use of the power in order 2, rule 1 to cure defects and do justice–Court should not be astute to…
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Esso Petroleum Co Ltd v Alstonbridge Properties Ltd and others
Solus agreement coupled with mortgage–Supplemental deed of release and covenant on sale of garage business–Construction of the two deeds on default by a subpurchaser
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Nielson-Jones v Fedden and others
Memorandum signed by husband and wife empowering husband to sell jointly-owned matrimonial home held to amount neither to an assignment to him of her beneficial interest nor to a severance…
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British Airways plc v Heathrow Airport Ltd and another
Landlord and tenant — Rent review — Premises at Heathrow and Gatwick Airports — Construction of several leases — Issues relating to character of demised premises and identity of hypothetical…
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Amherst v James Walker (Goldsmith & Silversmith) Ltd
Rent review clause in lease — Further proceedings following decision of Court of Appeal that time was not of the essence for the purpose of a ‘trigger’ notice — Court…
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British Gas plc v Dollar Land Holdings plc
Construction of rent review clause — Hypothetical lease on same terms as actual lease — Whether hypothetical term is of the same term as the actual lease commencing on the…
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Milner v Spencer
Cottages next to farmyard sold for conversion to home–Farmer shortly afterwards begins to use yard for keeping pigs–No principle by which he may not do so, but some nuisance from…
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Tye v House and another
Lock-out agreement — Interlocutory relief for alleged breach — Whether injunction appropriate remedy
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Ee v Kakar
Contract of sale–New light on the effect of a condition ‘subject to survey’ as contrasted with ‘subject to contract’–Decision of considerable interest to lawyers and estate agents–Purchaser of house sought…
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National Schizophrenia Fellowship v Ribble Estates SA and others
Restrictive covenant — Covenant against any trade or pursuit which could be a nuisance, annoyance or danger to neighbouring property — Whether use of property for housing schizophrenics in quiescent…
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Ravenseft Properties Ltd v Park and another
Landlord and tenant — Rent review clause in lease — Construction — Whether rent review was to be carried out on165 the basis that the property demised by the hypothetical…
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LM Tenancies 1 plc v Inland Revenue Commissioners
Stamp duty — Grant of lease for premium — Premium defined as product of stated figure and price of 13.75% Treasury Loan Stock on stated day following execution — Whether…