Practice point
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Claim in proprietary estoppel succeeds to enforce oral agreement
A County Court decision in Conway v Conway and another
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Judge erred in ordering transfer of assets to one partner
Where a partnership is dissolved, assets should be sold on the open market to achieve fair value
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Reservation of ‘other metals’ includes potash and rock salt
Court had to ascertain meaning of phrase in the vernacular of the mining world
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Forfeiture issues in claim where third party held the real value
The High Court has considered the issue in a recent case
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Noise from a children’s nursery is not a statutory nuisance
Is there a material interference with the use of the claimant’s land, assessed objectively?
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Local authority entitled to possession of river bank to prevent delay in development
The High Court has granted relief in The Mayor and Burgesses of the London Borough of Enfield v Snell and others
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Restrictive covenants: the devil is in the detail
Application to discharge covenant rejected on grounds that it retained its utility
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Section 69 of the Arbitration Act 1996: only one bite at the cherry
Permission to appeal had to have been granted by the High Court
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Natural England has no power to seek injunctive relief
Claim to prevent cultivation of fields dismissed by the court
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History of persistent non-compliance justifies injunction
Evidence that breaches of planning control would continue led to restraining measure
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Legal issues as to overage calculation carved out of dispute resolution clause
If particular issues are carved out of contractually agreed provisions, the court has jurisdiction to determine them
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LTA 1954 ground (g): termination order obtained by misrepresentations
The High Court ruling in McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd