Case Summaries
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Patel v Mirza [2016]
Example case summary. Last modified: October 28, 2021
Resulting trusts and illegality; insider dealing and unjust enrichment. Patel had given Mirza £620,000 to bet on shares in a company using inside information. The agreement between them amounted to a conspiracy to commit the offence of insider dealing contrary to s53 Criminal Justice Act 1993….
Bannister v Bannister [1948]
Example case summary. Last modified: June 17, 2019
Constructive trust of land; oral agreement to allow vendor to occupy a house rent free….
Scott v Pauly
Example case summary. Last modified: June 17, 2019
Before a mother died, she had made a will and she had also purchased some property. She had transferred this property……
Bass Holdings Ltd v Morton Music Ltd
Example case summary. Last modified: June 17, 2019
The plaintiffs granted the defendants a fifteen-year lease, with the option to extend the lease for a period…
Davies v Marshall 1861
Example case summary. Last modified: June 17, 2019
The plaintiff complained that the defendant had obstructed the light and air from entering his antient windows……
National Provincial Bank Ltd v Hastings Car Mart Ltd
Example case summary. Last modified: June 15, 2019
A man was the sole registered proprietor of the home he occupied with his family. He transferred the property to his company, which used……
Willis v Hoare (1999)
Example case summary. Last modified: June 15, 2019
The claimant was the head-tenant of a third-party's land, and had granted a four-year sub-lease to the defendant….
Re Monolithic Building Co. 1915
Example case summary. Last modified: June 17, 2019
Monolithic Building Co. was an incorporated company who loaned money to the plaintiff by way of a mortgage….
Re Denny [1947]
Example case summary. Last modified: June 17, 2019
Two business partners owned a number of properties which they let out to tenants. The partners were joint tenants…
Abbey National Building Society v Cann
Example case summary. Last modified: June 17, 2019
The first defendant, George Cann, applied for a mortgage from a building society to buy a house. However, unknown……
St. Edmundsbury and Ipswich v Clark (No. 2)
Example case summary. Last modified: June 17, 2019
A property consisting of a former rectory and adjacent land was surrounded by a church and a churchyard….
Strand Securities v Caswell
Example case summary. Last modified: June 17, 2019
The tenant of a property granted an underlease to the respondent. The subtenant applied to have the underlease registered……
Savva and Savva v Hussein (1997)
Example case summary. Last modified: June 17, 2019
In 1991, the landlords granted a twelve-year lease of commercial premises to the respondent….
Renals v Cowlishaw
Example case summary. Last modified: June 17, 2019
The predecessors of the defendants purchased part of a residential estate, and the adjacent lands from a land owner……
Tulk v Moxhay 1848
Example case summary. Last modified: June 17, 2019
The plaintiff used to be the owner of a vacant piece of ground in Leicester Square, as well as several of the houses……
Hollington v Rhodes
Example case summary. Last modified: June 17, 2019
In 1945 a draft underlease for a fixed term of seven years was agreed between the claimants (C) and the defendants (D), although D failed…
Hammond v Mitchell [1991]
Example case summary. Last modified: January 4, 2021
Cohabitee seeking equitable interest in property held in sole name of former partner….
Yanner v Eaton [1999]
Example case summary. Last modified: October 28, 2021
The appellant was an indigenous hunter who killed two animals in a creek for his own consumption. He was later charged with taking ‘fauna’ from the area without a license, contrary to statute….
Raja v Austin Gray (a firm)
Example case summary. Last modified: June 17, 2019
D had secured borrowings from a bank by a debenture, under the terms of which administrative receivers of……
Hammersmith and Fulham LBC v Monk
Example case summary. Last modified: June 17, 2019
Monk and Powell held a joint tenancy over a property. Following the termination of their relationship Powell desired……
Kling v Keston Properties Ltd
Example case summary. Last modified: June 17, 2019
The plaintiff, Kling, occupied a garage in Chelsea owned by the defendants under a licence. He obtained from them a……
Re Draper’s Conveyance
Example case summary. Last modified: June 17, 2019
A husband and wife were joint tenants of their matrimonial property. As their relationship broke down divorce……
Re Pavlou (A Bankrupt)
Example case summary. Last modified: June 17, 2019
A husband and wife bought a home in 1973 as beneficial joint tenants, with part of the cost assisted by a mortgage….
Dunraven Securities Ltd v Holloway
Example case summary. Last modified: June 17, 2019
The case involved a 150-year lease of a property between landlord and tenant, with the property being a retail store….
AG Securities v Vaughan – 1990
Example case summary. Last modified: October 5, 2021
AG Securities possessed a long lease of a four bedroom property which was rented to Vaughan and three other individuals. Each tenant signed individual agreements on four separate occasions to lease the property….
Leech v Schweder (1874)
Example case summary. Last modified: June 15, 2019
The plaintiffs occupied a warehouse and premises. The land on which the warehouse had been built was demised to W.H….
Miles v Easter
Example case summary. Last modified: June 17, 2019
Company S bought some land and mortgaged it to a bank. They later sold a part of this land to B….
Payne v Inwood (1996)
Example case summary. Last modified: June 17, 2019
Payne and Inwood owned terrace houses 1 and 1A respectively. Prior to the partie' acquisition, a door had……
Hypo-Mortgage Services Ltd v Robinson The Times
Example case summary. Last modified: June 15, 2019
The appellant, Robinson, appealed against a mortgage possession order against their home that had been granted…
United Bank of Kuwait plc v Sahib
Example case summary. Last modified: June 17, 2019
The defendant, Sahib, had a half share in a house. He held the title deeds to the house to the order of the other……
Fibrosa SA v Fairbairn Lawson Combe Barbour Ltd
Example case summary. Last modified: October 4, 2021
The respondents, an English company, agreed to sell to the appellants, a Polish company, machinery for £4,800. This was done by a written contract. One-third of the price was to be paid with the order….
Paddington Building Society v Mendelsohn
Example case summary. Last modified: June 17, 2019
The defendants, a mother and her son, agreed to buy the leasehold of the mother's flat. The mother contributed……
Robbins v Jones
Example case summary. Last modified: June 17, 2019
Landlord and tenant; duty of landlord to maintain premises during the term…
Russell v Archdale
Example case summary. Last modified: June 15, 2019
A vendor company conveyed property which included barns and stables as part of the 'Hedgerley Park estate'…
Barry v Hasseldine
Example case summary. Last modified: June 17, 2019
The previous owner of the plaintiff's parcel of land bought it from the defendant in 1947….
Appleby v Myers
Example case summary. Last modified: June 17, 2019
The plaintiffs had a contract with the defendant to erect machinery on his premises at a specific price for particular……
Lloyds Bank plc v Carrick
Example case summary. Last modified: June 17, 2019
The first defendant (D1) was the legal owner of a long lease, title to which was unregistered. D1 and his sister-in-law (D2) agreed that D2……
R v Wilson (1996) 2 Cr App Rep 241 | Criminal Law Case
Example case summary. Last modified: June 17, 2019
R v Wilson (1996) 2 Cr App Rep 241. The appellant was charged with assaulting his wife contrary to section 47 of the Offences Against the Person Act 1861….
Nielson-Jones v Fedden
Example case summary. Last modified: June 17, 2019
A woman and her husband were the legal and beneficial joint tenants of a matrimonial home. Upon their separation……
The Calgarth [1927]
Example case summary. Last modified: October 22, 2021
The Calgarth was the stern tug of a large steam ship, the Otarama, which was assisting the larger vessel in entering onto the Manchester Ship Canal. Whilst manoeuvring, the Calgarth ran aground on the bank of the entrance channel to the canal which was constructed and maintained by the Canal Company. …
Re Schebsman, deceased [1944]
Example case summary. Last modified: June 17, 2019
Bankruptcy; agreement for payments to be made to debtor's wife and daughter; whether trustee could claim funds….
Gafford v Graham
Example case summary. Last modified: June 17, 2019
D began the construction of an indoor riding school as part of a business that was run on the premises….
Wilkes v Spooner
Example case summary. Last modified: June 15, 2019
A lessee of premises (L), upon which the lessee conducted his business as a general butcher, contained a covenant by which L covenanted…
Re Ballard’s Conveyance
Example case summary. Last modified: June 17, 2019
The vendor included a covenant on the conveyance of property which defined the vendor as successors of the estate……
Williams v Hensman
Example case summary. Last modified: October 22, 2021
Co-Ownership – Severance – Modes of Severance of Joint Tenancy. A fund of money had been bequeathed by a mother, on trust for eight children to be invested in order to create an income that would then be payable to her children on the mother’s death….
Birmingham Midshires Mortgage Services Ltd v Sabherwal
Example case summary. Last modified: June 15, 2019
Whether an interest created by proprietary estoppel can be overreached….
Jones (AE) v Jones (FW) [1977]
Example case summary. Last modified: June 17, 2019
The defendan's father bought a house. The defendant, Frederick Jones, supplied one quarter of the purchaser……
Peffer v Rigg
Example case summary. Last modified: October 21, 2021
The plaintiff, Peffer, and his brother, Rigg, purchased a property that was registered in Rigg’s sole name but was actually held on trust for them both. They both contributed to the purchase price in equal shares….
Lazarus Estates Ltd v Beasley
Example case summary. Last modified: June 15, 2019
The appellant, Mrs Beasley, was a tenant in the respondent's block of flats. Under s.25(1) Housing Repairs……
Armstrong v Shepperd and Short Ltd
Example case summary. Last modified: June 15, 2019
The availability of an injunction for trespass where damage was very limited. Whether oral agreement could create an easement….
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