Court of Appeal
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Giles v Tarry and another
Easements – Excessive use – Right of way – Right of way existing over driveway for purpose of gaining access to certain fields including paddock – Paddock also having gate…
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Bradbury and others v Taylor and another
Proprietary estoppel – Detrimental reliance – Remedy – Respondents claiming entitlement to property – Whether such entitlement arising as a result of representation by deceased owner as to intention to…
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Cherry Tree Investments Ltd v Landmain Ltd
Mortgage – Power of sale – Law of Property Act 1925 – Land Registration Act 2002 – Charge over property to secure lending pursuant to facility agreement – Facility agreement…
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Keay and another v Morris Homes (West Midlands) Ltd
Sale of land – Contract – Variation – Law of Property (Miscellaneous Provisions) Act 1989 – Written supplemental agreement varying purchase price and payment terms of sale of land -…
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Ashdale Land & Property Co Ltd v Maioriello and others
Easements – Excessive use – Right of way – Remedy – Owners of plots having right of way over road for agricultural purposes only – Plots used as gypsy caravan…
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Barr v Biffa Waste Services Ltd
Nuisance – Odour – Landfill – Householders seeking damages in nuisance for odour from waste disposal site – Site operator having permit for activities on site – Whether permitted activities…
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Frozen Value Ltd v Heron Foods Ltd
Landlord and tenant – Landlord and Tenant Act 1954 – New tenancy – Underlease of business premises – Underlessee applying for grant of new tenancy under Part II of 1954…
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R (on the application of Millgate Developments Ltd) v Wokingham Borough Council
Town and country planning – Planning obligation – Unilateral undertaking – Town and Country Planning Act 1990 – Local planning authority refusing planning permission for residential development but indicating that…
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Fitzhugh v Fitzhugh
Licence – Termination – Notice – Agricultural land – Administrators of deceased’s estate granting licence to one of them to occupy certain land – Licensee failing to pay licence fee…
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Greene King plc v Quisine Restaurants Ltd and others
Landlord and tenant – Assignment – Guarantee – Assignment of underlease – Assignor company and its owner guaranteeing assignee’s rent and service charge liability – Landlord undertaking to notify owner…
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Ener-G Holdings plc v Hormell
Judgment The Master of the Rolls: 1. This appeal is brought by ENER-G Holdings Plc (‘ENER-G’) against an order made by Burton J, following a judgment he gave on 14 December…
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Ener-G Holdings plc v Hormell
Terms of contract – Service of proceedings – Limitation period – Parties entering into agreement with strict time limit for serving written notice of claims alleging breaches of warranty –…