Court of Appeal
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The Mortgage Business plc v Cook and three similar cases
Sale of land – Equity release scheme – Mortgage – Land Registration Act 2002 – Sales of residential properties with promise by purchaser that vendors entitled to remain in their…
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Brown and another v Pretot and another
Boundary dispute – Adjacent properties on new development sold to parties by developer – Whether boundary as shown on plan attached to transfer for identification purposes only – Whether boundary…
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Lanes Group plc v Galliford Try Infrastructure Ltd (t/a Galliford Try Rail)
Construction – Adjudication – Jurisdiction – Housing Grants, Construction and Regeneration Act 1996 – Building contract containing adjudication clause – Party serving notice of adjudication and requesting appointment of adjudicator…
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R (on the application of Ashley) v Secretary of State for Communities and Local Government and others
Planning appeal – Natural justice – Appeal by written representations – Expert noise report countering one of grounds for refusing planning permission – Respondent’s planning inspector allowing appeal and granting…
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Cornwall Waste Forum, St Dennis Branch v Secretary of State for Communities and Local Government
Planning permission – Public inquiry – Legitimate expectation – Application for permission for waste incinerator – Whether legitimate expectation that planning inspector would decide on need for appropriate assessment of…
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Hall and another (as representatives of the estate of Shirt, deceased) v Shirt and another
Partnership – Agricultural tenancy – Proprietary estoppel – Father and son dissolving farming partnership – Respondent father seeking possession of property occupied by appellant son – Appellant counterclaiming on basis…
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RWE NPower Renewables Ltd v Welsh Ministers and another
Planning appeal – Public inquiry – Application for planning permission for wind farm on moorland with peat deposits – Inspector recommending refusal of permission on ground of risk of unacceptable…
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Dhand v Oakglade Investments Ltd and another
Contract for sale of land – Notices to complete – Appellant vendors claiming sale price increased by oral agreement – Appellants serving notices to complete at higher price – Respondent…
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Cusack v Harrow London Borough Council
Highways Act 1980 – Frontager’s right – Interference – Property abutting highway – Highway authority deciding to erect barriers to block vehicular access to forecourt of property on grounds of…
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Bank of Scotland plc v Hussain and another
Civil procedure – Appeal – Applicant acting as litigation friend of mother – Mother dying before trial of action – Applicant not informing court of death – Respondent bank obtaining…
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Zieleniewski v Scheyd and another
Right of way – Interference – Appellant having prescriptive right of way for agricultural purposes over respondents’ land to access field – Respondents erecting wall and fence enclosing all but…
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Paddico (267) Ltd v Kirklees Metropolitan Borough Council and others
Commons registration – Town or village green – Section 22(1) of Commons Registration Act 1965 – Borough council registering land as green – Respondent landowner succeeding in claim for rectification…