LawTeacher

LawTeacher
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Articles Published

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Articles by LawTeacher

Malory Enterprises Ltd v Cheshire Homes (UK) Ltd

Article. Published: October 12, 2018

A company dishonestly obtained a land certificate in respect of some land from the Land Registry and sold the land…

Nickerson v Barraclough [1981]

Article. Published: October 12, 2018

Nickerson purchased a land locked field that had a lane running down the side of it for access to the main road. Barraclough owned the lane….

Wrotham Park Estate v Parkside Homes

Article. Published: October 12, 2018

The owner of an estate sold a parcel of land to a developer, with a covenant that the developer did not build……

Nicholls v Lan

Article. Published: October 12, 2018

A married couple, the Nicholls, jointly owned a property. Mr Nicholls subsequently entered bankruptcy……

Small v Oliver & Saunders (Developments) Ltd

Article. Published: October 12, 2018

The claimant owned a house next to the defendant who was a housing developer. The developer had two pieces of planning……

Kingsnorth Finance Co Ltd v Tizard

Article. Published: October 12, 2018

A married couple jointly contributed to the purchase price for a property intended to serve as the matrimonial home with the husband taking sole legal title to the property at registration….

Yukong Line Ltd of Korea v Rendsburg Investments Corporation of Liberia

Article. Published: October 12, 2018

In 1995, the plaintiffs, Yukong Line, who were owners of vessels, chartered the vessel Rialto to the first…

Allan v Liverpool Overseas

Article. Published: October 12, 2018

The joint appellants, Allan and Inman, owned steamship companies. They were given a licence to use part of a docks including some sheds and a coal depot. The Docks and Harbour Board who controlled the docks charged the appellants rent on these….

Rochefoucauld v Boustead [1898]

Article. Published: October 12, 2018

The Court of Appeal had given an initial decision that found that B had purchased an estate, the Delmar Estates……

Abbott v Abbott [2007]

Article. Published: October 12, 2018

Beneficial ownership of matrimonial home; mortgage instalments; gift from husband’s mother….

The Super Servant Two [1990]

Article. Published: October 12, 2018

The defendant agreed to transport the plaintiff’s drilling rig from Japan to Rotterdam, using a transportation unit……

Shiloh Spinners Ltd v Harding

Article. Published: October 12, 2018

The claimants (S) were assignees of two long leases of adjoining mills. S assigned part of the premises to T, who in turn assigned to H….

Long v Gowlett [1923]

Article. Published: October 12, 2018

Long owned a watermill and land which was on both sides of a river. Gowlett owned land on both sides of the river……

Saunders v Vautier

Article. Published: October 12, 2018

A sole beneficiary’s right to terminate a trust prior to the date stipulated in the trust. A father left in his will stock in a company for his young son, to be held by a trustee for his son as the sole beneficiary until he turns twenty-five years of age….

Cityland and Property (Holdings Ltd) v Dabrah

Article. Published: October 12, 2018

The plaintiffs, Cityland, sold a house to a former tenant for £3,500. The tenant paid £600 in cash and took……

Elitestone Ltd v Morris

Article. Published: October 12, 2018

Freeholders issued proceedings for possession against Mr Morris who occupied a bungalow on the freehold land. The bungalow was situated on top of concrete blocks but was not attached to them….

Wall v Collins 2007

Article. Published: October 12, 2018

Doctrine of merger of leasehold and freehold interests, extinguishment of easements…

Pritchard v Cook & Red Ltd

Article. Published: October 12, 2018

The claimant, Pritchard, purchased a prize rally car from the defendant, Cook and Red, on the basis that the defendant had advertised……

Stocznia Gdanska SA v Latvian Shipping Co

Article. Published: October 12, 2018

Lacto (L) was a shipowning company belonging to the Latvian state. Lacto entered into agreement with a Polish……

Morrells of Oxford Ltd v OUFC

Article. Published: October 12, 2018

The claimant (M) applied for an injunction to enforce a restrictive covenant contained in a conveyance of land against O, who proposed to convert the land to use a football stadium….

Bahr v Nicolay (No. 2)

Article. Published: October 12, 2018

The appellant agreed to sell their land to the first respondent, with an option to buy it back later. The first respondent later sold the land……

National Car Parks Ltd v Trinity Development Co (Banbury) Ltd

Article. Published: October 12, 2018

Landlord and tenant; whether agreement in relation to a car park was a lease or license…

Wright v Gibbons

Article. Published: October 12, 2018

Co-ownership of property and whether a deed transferring a joint tenancy to one of the other joint tenant severed the tenancy….

Buckinghamshire County Council v Moran

Article. Published: October 12, 2018

In 1955 the claimant (C) acquired a plot of land with a view to building a road diversion. The land was left vacant for many years. The roadside of the plot was fenced but there was no fence between the garden of a house owned by the defendant’s predecessor….

Re Quaffers Ltd’s Application (1988)

Article. Published: October 12, 2018

The claimant’s land was bound by two restrictive covenants prohibiting business use of the land and the sale of alcohol….

Das v Linden Mews Ltd

Article. Published: October 12, 2018

Two residents of Linden Mews formed a company called Linden Mews Ltd. The purpose of the company was the purchase……

Veral v Great Yarmouth BC

Article. Published: October 12, 2018

Great Yarmouth Council, which was under a Conservative majority granted a licence to the National Front……

Dalton v Angus & Co

Article. Published: October 12, 2018

The claimants and defendants’ adjoined houses were built independently, but each had lateral support from the soil……

Holaw (470) Ltd v Stockton Estates Ltd

Article. Published: October 12, 2018

Two neighbouring properties (A and P) were originally in the common ownership of CIS, with each property being let to a different tenant….

Sekhon v Alissa [1989]

Article. Published: October 12, 2018

Presumed resulting trust of land; contribution to purchase price; equitable interests; gifts….

Blackburn Bobbin Co Ltd v Allen (TW) & Sons Ltd

Article. Published: October 12, 2018

The defendants sold to the plaintiffs timber to be imported from Finland through a contract, made in early 1914….

Tinsley v Milligan [1994]

Article. Published: October 12, 2018

Resulting trusts and illegality; whether equitable interest may be claimed despite conduct….

Yaxley v Gotts [2000]

Article. Published: October 12, 2018

The claimant, Yaxley, made an oral agreement with the defendant that Yaxley would refurbish and convert……

R v Secretary of State for Wales, ex parte Kennedy

Article. Published: October 12, 2018

Factors taken into account when considering whether an item is a fixture; particularly in relation to listed buildings….

The Sea Angel 2007

Article. Published: October 12, 2018

The Sea Angel was a vessel used by Tsavliris to assist in the salvage operations concerning the Tasman Spirit……

Radaich v Smith [1959]

Article. Published: October 12, 2018

The parties entered in to an agreement which was executed as a deed. The agreement allowed Radaich to occupy……

Standard Chartered Bank Ltd v Walker

Article. Published: October 12, 2018

A company issued to P, a bank, a debenture giving P a charge over the company’s assets in respect of any sums…

Miller v Jackson [1977]

Article. Published: October 12, 2018

Nuisance and negligence, the existence of a defence of coming to the nuisance…

Midland Bank Plc v Pike

Article. Published: October 12, 2018

The Midland Bank Plc were owed a sum of £55,000 by Mr Pike. Midland Bank secured a judgment debt against Mr Pike……

Peckham v Ellison (2000)

Article. Published: October 12, 2018

This case dealt with two neighbouring terrace council houses built in the 1940s. Each house was let out by the……

Greenfield v Greenfield

Article. Published: October 12, 2018

Two brothers purchased a house together, and made an express statement that they would be holding the land as joint tenants.  Both got married and moved their wives into the house shared between them. …

Macaura v Northern Assurance

Article. Published: October 12, 2018

The owner of a timber estate sold all the timber to a company which was owned almost solely by him. He was the company’s largest creditor. He insured the timber against fire, but in his own name….

Re Buchanan-Wollaston’s Conveyance

Article. Published: October 12, 2018

Four owners of property with views of the ocean decided to jointly purchase the piece of land which was between……

Deen v Andrews (1985)

Article. Published: October 12, 2018

Whether a greenhouse standing by its own weight was included in a conveyance because it was to be defined as a building…

Governors of Rugby School v Tannahill [1935]

Article. Published: October 12, 2018

There was a lease between the plaintiff and defendant which contained a clause requiring that the land was not used……

Stilwell v Blackman

Article. Published: October 12, 2018

A conveyance between the predecessors of the parties contained a restrictive covenant requiring that the purchaser……

Re Wilford’s Estate

Article. Published: October 12, 2018

Two sisters jointly owned a property as joint tenants. They agreed between each other to both make a will……

Phipps v Pears 1965

Article. Published: October 12, 2018

Negative easement of protection against the weather by a neighbour’s house…

Rahnema v Rahbari

Article. Published: October 12, 2018

Rights to occupation rent and/or purchase from a co-owner of property….

Addiscombe Garden Estates v Crabbe

Article. Published: October 12, 2018

Agreement to occupy clubhouse and tennis courts; whether lease or license…