Supreme Court
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Trump International Golf Club Scotland Ltd v Scottish Ministers
Town and country planning – Wind farm – Consent – Respondents granting consent under section 36 of Electricity Act for construction and operation of wind farm on site close to…
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R (on the application of Champion) v North Norfolk District Council and another
Town and country planning – Environment – Environmental impact assessment – Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 – Conservation of Habitats and Species Regulations…
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Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another
Landlord and tenant Break clause
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Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another
Landlord and tenant – Break clause – Conditions – Rent – Lease of commercial premises – Break clause exercisable by appellant tenant on fulfilment of certain conditions including payment to…
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The Supreme Court permits substance to triumph over form in an unjust enrichment claim
Subrogation is an equitable against a party who would otherwise be unjustly enriched. It enables a lender who lends money to a borrower so that it can discharge an existing…
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Bank of Cyprus UK Ltd v Menelaou
Mortgage Subrogation
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Bank of Cyprus UK Ltd v Menelaou
Mortgage – Subrogation – Unjust enrichment – Respondent holding charges over property to secure indebtedness of appellant’s parents – Property sold and part of proceeds used to purchase new property…
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The Supreme Court has shaken up the law on penalties
The rule against penalties is an exception to the principle that parties are free to contract as they please. Is it still required and, if so, does it need to…
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Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis
Contract Penalty
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Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis
Contract – Penalty – Enforcement – Contract for sale of company – Parking charges — Whether certain contractual provisions in two contracts under consideration unenforceable as penalty clauses – Correct…
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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc
Construction – Adjudication – Payment – Limitation of action – Subcontractor making payment to contractor pursuant to adjudication award – Subcontractor later seeking final and binding resolution of dispute by…