House of Lords
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Arnold and others v National Westminster Bank plc
Rent review clause — Finding in earlier proceedings that hypothetical tenancy did not contain rent reviews — Later proceedings seek to reopen question in respect of second review — Whether…
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Alghussein Establishment v Eton College
Development land — Agreement to grant a lease — Delays in starting development — Landowner terminated agreement — Whether party in delay can demand lease
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Associated British Ports v C H Bailey plc
Dilapidations — Leave to bring proceedings — Extent of “proof” under 1938 Act — Whether landlord must prove on civil burden of balance of probabilities — Appeal by tenant allowed
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Aberdeen Rubber Ltd v Knowles & Sons (Fruiterers) Ltd
Contract — Sale of heritable land — Reduction of disposition — Disposition allegedly conveying more than agreed in missives — Common intention of parties — Onus of proof — Whether…
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R (on the application of Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions and related applications
Human rights – Planning procedures -– Compulsory purchase and works orders – Role of Secretary of State – Role of High Court on review – Article 6(1) of European Convention…
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Ashworth Frazer Ltd v Gloucester City Council (No 2)
Landlord and tenant –– Covenants –– User –– Whether covenant should be implied restricting use to specified use classes –– Assignment –– Assignee proposing use contrary to terms of lease…
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JA Pye (Oxford) Ltd and another v Graham and another
Defendants claiming possessory title under Limitation Act 1980 — Occupation commencing on terms of successive grazing licences — Claimant owner refusing to renew licences — Defendants continuing to farm disputed…
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Farley v Skinner
Negligence –– Surveyors –– Damages –– Aircraft noise –– Whether surveyor giving negligent advice about aircraft noise liable for damages –– Whether any physical inconvenience or discomfort –– Exceptional contracts…
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Garner (HMIT) v Pounds Shipowners & Shipbreakers Ltd and another
Capital gains tax –– Option to purchase land –– Obligation upon landowner to secure release from restrictive covenants –– Expenditure on obligation –– Whether expenditure deductible in assessing tax on…
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Farley v Skinner
Claimant instructing defendant surveyor to inspect and report upon property – Claimant specifically asking defendant to advise upon whether property affected by aircraft noise – Defendant advising property unlikely to…
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Wildtree Hotels Ltd and others v Harrow London Borough Council
Compensation –– McCarthy rules –– Section 10 of Compulsory Purchase Act 1965 –– Works causing temporary damage to hotel –– Whether compensation limited to direct physical interference to land ––…
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Delaware Mansions Ltd and others v Westminster City Council
Council deciding not to remove tree – Tree roots encroaching onto nearby property causing damage – Company acquiring freehold of property after damage inflicted – Company carrying out repairs by…