LawTeacher

LawTeacher
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Articles by LawTeacher

Malayan Credit Ltd v Jack Chia-MPH Ltd

Article. Published: October 12, 2018

The determination of beneficial interests of joint tenants in common in equity….

Prudential Assurance v London Residuary Body

Article. Published: October 12, 2018

Landlord and tenant; whether land held on yearly tenancy; whether agreement terminable by successor. A strip of land adjacent to a highway was sold to the council. The council leased the land back to the seller and the agreement stated the grant was to last until the council required the land for road widening purposes….

Smith v Marrable (1843)

Article. Published: October 12, 2018

The lease of a furnished house includes an implied term that the house will be reasonably fit for habitation…

Haywood v Brunswick Permanent Benefit Building Society

Article. Published: October 12, 2018

In May 1866, C.J. granted a plot of land to E.J. to use subject to a rent of 11l. The indenture contained a covenant……

Federated Homes Ltd v Mill Lodge Properties Ltd

Article. Published: October 12, 2018

A company owned a site which included three parcels of land. They gained planning permission to build on the site…..

Wollerton and Wilson Ltd v Richard Costain Ltd

Article. Published: October 12, 2018

The availability of an injunction for trespass in the absence of damage….

American Cyanamid v Ethicon

Article. Published: October 12, 2018

Guidelines and the issues to be taken into account by the court for the grant of an interim injunction. The issue on these facts was primarily the extent of any substantive claim necessary for the grant of an interim injunction….

Ashe v National Westminster Bank plc

Article. Published: October 12, 2018

Mortgagors, who were husband and wife, owned a long leasehold interest in the house in which they lived….

Qazi v Harrow

Article. Published: October 12, 2018

Possession proceedings against a former joint tenant and the right to respect for a home under the EC……

Midland Bank Trust Co Ltd v Green (No. 1)

Article. Published: October 12, 2018

A father granted his son, Green, an option to purchase a farm. The option was not registered on the Register of Title. To avoid the option, the father sold the farm to his wife for £500. The farm was really worth £40,000. …

Stockdale v Hansard

Article. Published: October 12, 2018

Privilege of a single House of Parliament and court’s authority to review privilege…

State Bank of India v Sood

Article. Published: October 12, 2018

In this case, the first and second defendants were the legally registered proprietors of the family home, which the…

Hannaford v Selby

Article. Published: October 12, 2018

Trust – Beneficial Interest – Common Intention – Property – Repossession – Licensee – Notice – Reasonable Time. The defendants, the Selby family, were the parents of the complainant, Mrs Hannaford. The Hannaford family bought property in their own name and used the money from selling their former home…

Barrett v Morgan 2000

Article. Published: October 12, 2018

Head lease terminated on agreement between landlord and tenant; impact on sub-tenancy…

Van Haarlam v Kasner Charitable Trust (1992)

Article. Published: October 12, 2018

The plaintiff held a 99-year lease over a flat which had a subsequent covenant, preventing the flat from being used……

Re Ellenborough Park

Article. Published: October 12, 2018

The necessary requirements for granting an easement. The titular park area, Ellenborough Park, was a park in Weston-super-Mare which was owned jointly by two tenants….

Santley v Wilde 1899

Article. Published: October 12, 2018

Collateral advantages and presumptions about oppressive conduct. The owner of a lease of a theatre wanted to carry on a theatre business there and took out a mortgage of £20,0001 in order to do this, secured against the lease, over five years….

Madzimbanuto v Lardner-Burke

Article. Published: October 12, 2018

At the time of this case, Southern Rhodesia was a self-governing British colony. In 1965, the government unilaterally declared its independence, but this was viewed as illegal by the British government….

Mehra v Shah

Article. Published: October 12, 2018

Mr Shah and his wife had 12 children together. He ran a successful drapery business in Nairobi, which soon expanded to two shops. Some of the children helped out with the business and when they were older, they worked for the shops without receiving pay….

Davis v Smith [2011]

Article. Published: October 12, 2018

A husband and wife married in 1988, after which they moved into a property which Mrs Smith had already been a tenant of for some time.  In 1989, they purchased the property as joint tenants. …

London County Council v Allen and Others

Article. Published: October 12, 2018

The owner of a piece of land applied to London County Council under the London Building Act 1894, section 7 for the grant of a new street on the land that they owned….

Burnett’s Trustee v Grainger

Article. Published: October 12, 2018

Grainger purchased the title to a flat for £45,000 from Burnett (B). Once this was agreed, Grainger failed……

Manchester Airport Plc v Dutton

Article. Published: October 12, 2018

The claimants, Manchester Airport, wished to construct a second runway at the airport. The defendants, a group of……

Bankway Properties Ltd v Pensfold-Dunsford

Article. Published: October 12, 2018

Landlord and tenant; assured tenancy; rent review clauses and security of tenure…

Palk v Mortgage Services Funding plc

Article. Published: October 12, 2018

In 1990 A borrowed £300,000, secured by a mortgage over the house he owned jointly with his wife……

Parker v Parker [2003]

Article. Published: October 12, 2018

The claimant occupied the defendant’s castle, and claimed a right to continue occupation….

Bedson v Bedson

Article. Published: October 12, 2018

A husband and wife had three children and lived in the matrimonial home which was a flat above a draper’s……

Medforth v Blake [2000]

Article. Published: October 12, 2018

In 1984 the defendants were appointed as receivers over the pig-farming business of the plaintiff….

Tomlinson v Congleton BC and another

Article. Published: October 12, 2018

The obligation placed on occupiers with regards to injuries caused on their property…

Cameron v Murdoch (1986)

Article. Published: October 12, 2018

Proprietary estoppel can be enforced even though the interest is inchoate….

Wiseman v Simpson

Article. Published: October 12, 2018

Exclusion of a spouse from the premises of property of which he/she is a joint tenant….

Duke of Norfolk v Arbuthnot

Article. Published: October 12, 2018

The parish church, St. Nicholas Arundel, was a cruciform church with a central tower. Part of it, located to the east……

Barclays Bank Plc v Zaroovabli

Article. Published: October 12, 2018

Barclays Bank claimed possession of a house from Mr and Mrs Zaroovabli (Z), and their tenant, Mrs Pourdanay……

Davis Contractors Ltd v Fareham Urban District Council

Article. Published: October 12, 2018

The appellants tendered for a contract with the respondents to build 28 houses for 8 months. The tender was accompanied by a letter which stated that the tender was subject to adequate supplies of materials and labour when required to carry out the work within the time specified….

PW & Co v Milton Gate Investments Ltd

Article. Published: October 12, 2018

The claimant held the head-tenant of the defendant’s building and sub-leased the property to several other parties….

Lloyd v Dugdale [2001]

Article. Published: October 12, 2018

The defendant had arranged for his company to do building work on the claimant’s land on the understanding that the claimant would grant……

Nelson v Walker (1910)

Article. Published: October 12, 2018

The parties were owners of two contiguous allotments of land (allotments 13 and 12). In 1873, before the owners……

Calverley v Green

Article. Published: October 12, 2018

Mr Calverley and Ms Green were in a de facto relationship, where they were not legally married but had lived together……

Raja v Lloyds TSB Bank plc (2001)

Article. Published: October 12, 2018

In 1986 the Appellant (R) was granted overdraft facilities which were secured by legal charges over four properties……

Jones v Kernott

Article. Published: October 12, 2018

Beneficial interests of a co-habiting couple in a family home. An unmarried, co-habiting couple, Mr. Kernott and Ms. Jones, purchased a home with a mortgage in joint names….

Re Nisbet and Potts Contract

Article. Published: October 12, 2018

N entered into a contract to sell a parcel of land to P. N’s title was possessory, the paper title having being defeated by a successful……

Pettitt v Pettitt

Article. Published: October 12, 2018

The equitable interest of a spouse in a matrimonial home.. A woman purchased a matrimonial home for herself and her husband to live in out of her own sums and conveyed the home into her name….

London & Blenheim Estates Ltd v Ladbroke Retail Parks Ltd

Article. Published: October 12, 2018

The Leicestershire Coop owned land in and around one of their stores in Leicestershire to London……

Lissimore v Downing [2003]

Article. Published: October 12, 2018

The defendant was a wealthy individual who expressed various sentiments that his girlfriend (the claimant)……

Crawley BC v Ure 1996

Article. Published: October 12, 2018

Landlord and tenant; one joint tenant giving notice to quit without consulting the other…

Austin v Keele (1987)

Article. Published: October 12, 2018

The parties, in this case, had a long business arrangement. The case was concerned with the dissolution of a……

Burrows v Brent LBC

Article. Published: October 12, 2018

Ms Burrows was a secured tenant in a flat owned by the council. She fell behind with her rent and the council……

Southwark LBC v Mills

Article. Published: October 12, 2018

Landlord and tenant; whether poor soundproofing amounted to breach of covenant for quiet enjoyment…

Ashburn Anstalt v Arnold

Article. Published: October 12, 2018

The defendant was the successor-in-title to a company which persuaded the claimant to sell his lease to the company in exchange for a promise that he would continue occupying the property rent-free until the defendant gave him one quarter’s notice to leave….

Beatty v Guggenheim Exploration Co.

Article. Published: October 12, 2018

The defendants, Guggenheim Exploration Company, acquired and developed mining properties and the complainant, Beatty……