Breach of covenant
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PP 2005/5
The right to undertake development under planning law, if planning permission is obtained, is entirely separate from an applicant’s right to do so under private law and it is incorrect…
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PP 2004/17
The Court of Appeal judgment in Courtney Lodge Management Ltd v Blake [2004] EWCA Civ 975 confirms that:. * failure to exercise a legal power to prevent a breach of…
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Channel Hotels & Properties (UK) Ltd v Al Tamimi and another
Development lease — Covenant to carry out works as expeditiously as possible — Whether once-and-for-all breach waived by appellant landlord — Whether unreasonable refusal of consent to assignment — Appeal…
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PP 2004/10
Albany Holdings Ltd v Crown Estates Commissioners [2003] EWHC 1480 (Ch); [2003] PLSCS 213 has provided some helpful guidance on what length of time can be deemed to be “reasonable”…
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Blackburn and another v David Alston (Suffolk) Ltd and others
Restrictive covenant – Breach – Estoppel – Defendants wishing to develop land in breach of restrictive covenant in favour of claimants – Whether consent or acquiescence to development – Whether…
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Taylor v Lancashire County Council and another
Landlords serving three successive notices to remedy alleged breaches of covenant – Each notice followed by notice to quit – Tenant challenging notices – Arbitrator finding first and second notice…
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Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
Lease – Supermarket – Lessee in breach of keep open covenant – Plaintiff claiming specific performance – Judge ordering damages – Court of Appeal ordering specific performance – House of…
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Hagee (London) Ltd v Co-operative Insurance Society Ltd
Forfeiture — Alleged breach of covenant — Section 146 notice — Works carried out at tenants’ expense — Whether tenants knew of works — Whether breach of covenant — Whether…
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Mullen v Hackney London Borough Council
Tenant claiming compensation for breach of repairing covenant — Council undertaking to carry out repairs within specified dates — Works not carried out — Tenant seeking to enforce undertaking –…
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Bent v High Cliff Developments Ltd and another
Claimant seeking to replace windows and external doors of property – Claimant seeking declaration that replacement not amounting to breach of covenant – Whether claimant making structural alteration – Claim…
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UYCF Ltd (formerly Night Truckers (London) Ltd) v Forrester
Lease containing covenant by landlord to build offices “in accordance with specification contained in letter annexed hereto” – No letter attached to lease or in existence – Tenant seeking to…
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John Lewis Properties plc v Viscount Chelsea
Leases for 999 years — Tenant required to demolish existing buildings and rebuild — Building becoming listed — Tenant contending that covenant void and that covenant impossible of performance –…