Case Summaries
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Barclays Bank Plc v Zaroovabli
Example case summary. Last modified: June 17, 2019
Barclays Bank claimed possession of a house from Mr and Mrs Zaroovabli (Z), and their tenant, Mrs Pourdanay……
Duke of Norfolk v Arbuthnot
Example case summary. Last modified: June 17, 2019
The parish church, St. Nicholas Arundel, was a cruciform church with a central tower. Part of it, located to the east……
Wiseman v Simpson
Example case summary. Last modified: June 17, 2019
Exclusion of a spouse from the premises of property of which he/she is a joint tenant….
Cameron v Murdoch (1986)
Example case summary. Last modified: June 17, 2019
Proprietary estoppel can be enforced even though the interest is inchoate….
Tomlinson v Congleton BC and another
Example case summary. Last modified: June 17, 2019
The obligation placed on occupiers with regards to injuries caused on their property…
Medforth v Blake [2000]
Example case summary. Last modified: June 17, 2019
In 1984 the defendants were appointed as receivers over the pig-farming business of the plaintiff….
Bedson v Bedson
Example case summary. Last modified: June 17, 2019
A husband and wife had three children and lived in the matrimonial home which was a flat above a draper's……
Parker v Parker [2003]
Example case summary. Last modified: June 15, 2019
The claimant occupied the defendant's castle, and claimed a right to continue occupation….
Palk v Mortgage Services Funding plc
Example case summary. Last modified: June 15, 2019
In 1990 A borrowed £300,000, secured by a mortgage over the house he owned jointly with his wife……
Bankway Properties Ltd v Pensfold-Dunsford
Example case summary. Last modified: June 17, 2019
Landlord and tenant; assured tenancy; rent review clauses and security of tenure…
Manchester Airport Plc v Dutton
Example case summary. Last modified: June 15, 2019
The claimants, Manchester Airport, wished to construct a second runway at the airport. The defendants, a group of……
Burnett’s Trustee v Grainger
Example case summary. Last modified: June 17, 2019
Grainger purchased the title to a flat for £45,000 from Burnett (B). Once this was agreed, Grainger failed……
London County Council v Allen and Others
Example case summary. Last modified: October 21, 2021
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….
Davis v Smith [2011]
Example case summary. Last modified: October 22, 2021
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. …
Mehra v Shah
Example case summary. Last modified: October 22, 2021
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….
Madzimbanuto v Lardner-Burke
Example case summary. Last modified: October 28, 2021
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….
Santley v Wilde 1899
Example case summary. Last modified: September 6, 2021
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….
Re Ellenborough Park
Example case summary. Last modified: October 26, 2021
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….
Van Haarlam v Kasner Charitable Trust (1992)
Example case summary. Last modified: June 15, 2019
The plaintiff held a 99-year lease over a flat which had a subsequent covenant, preventing the flat from being used……
Barrett v Morgan 2000
Example case summary. Last modified: June 17, 2019
Head lease terminated on agreement between landlord and tenant; impact on sub-tenancy…
Hannaford v Selby
Example case summary. Last modified: September 6, 2021
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…
State Bank of India v Sood
Example case summary. Last modified: June 17, 2019
In this case, the first and second defendants were the legally registered proprietors of the family home, which the…
Stockdale v Hansard
Example case summary. Last modified: June 17, 2019
Privilege of a single House of Parliament and court's authority to review privilege…
Midland Bank Trust Co Ltd v Green (No. 1)
Example case summary. Last modified: October 5, 2021
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. …
Qazi v Harrow
Example case summary. Last modified: June 17, 2019
Possession proceedings against a former joint tenant and the right to respect for a home under the EC……
Ashe v National Westminster Bank plc
Example case summary. Last modified: June 15, 2019
Mortgagors, who were husband and wife, owned a long leasehold interest in the house in which they lived….
American Cyanamid v Ethicon
Example case summary. Last modified: September 28, 2021
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….
Wollerton and Wilson Ltd v Richard Costain Ltd
Example case summary. Last modified: June 17, 2019
The availability of an injunction for trespass in the absence of damage….
Federated Homes Ltd v Mill Lodge Properties Ltd
Example case summary. Last modified: June 17, 2019
A company owned a site which included three parcels of land. They gained planning permission to build on the site…..
Haywood v Brunswick Permanent Benefit Building Society
Example case summary. Last modified: June 17, 2019
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……
Smith v Marrable (1843)
Example case summary. Last modified: June 17, 2019
The lease of a furnished house includes an implied term that the house will be reasonably fit for habitation…
Prudential Assurance v London Residuary Body
Example case summary. Last modified: October 28, 2021
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….
Malayan Credit Ltd v Jack Chia-MPH Ltd
Example case summary. Last modified: June 15, 2019
The determination of beneficial interests of joint tenants in common in equity….
Re Webb’s Lease
Example case summary. Last modified: June 17, 2019
In 1949, a landlord let to a tenant the second and first floor of certain premises. In 1949, the landlord granted……
Habermann v Koehler and another [2000]
Example case summary. Last modified: December 30, 2020
The appellants had been permitted to occupy a home owner's property, and had been given an informal option to later……
Sovmots Investments Ltd v SSE [1979]
Example case summary. Last modified: June 17, 2019
A 150 year lease was granted to S Ltd (appellant) who built an office complex. 36 residential maisonettes……
Moncrieff v Jamieson
Example case summary. Last modified: October 21, 2021
Easements and ancillary rights between dominant and servient tenements. The case was an appeal against an earlier case which had ruled that where one had a right of vehicular access from a public road, this also meant that they had a right to park on the servient tenement….
Jaggard v Sawyer [1995]
Example case summary. Last modified: June 17, 2019
The defendant was subject to a restrictive covenant requiring them to leave a private road clear for use. They breached this covenant by……
Sandhu v Farooqi [2003]
Example case summary. Last modified: June 17, 2019
The claimant was the freeholder of a flat in which the defendant had lived for several years….
Bridle v Ruby [1989]
Example case summary. Last modified: October 21, 2021
A company built houses and later sold number 12. The original transfer reserved the transferor and the successors a right of way (including with vehicles) over the driveway of the property, but this was then deleted out of the conveyance as agreed by the parties….
Sen v Headley
Example case summary. Last modified: June 17, 2019
In 1986 the deceased (T) was diagnosed with terminal cancer. While in hospital the claimant (C) was told by T that his house would thereafter……
Burns v Burns
Example case summary. Last modified: October 28, 2021
The complainant, Valerie Burns, had been in a relationship and lived with the defendant, Patrick Burns, for 19 years. Despite taking his name, the couple were not married….
Odey v Barber [2006]
Example case summary. Last modified: June 17, 2019
The claimant – Odey, was a landowner. He sought a declaration that he had a right of way over a track which belonged…
Heslop v Burns 1974
Example case summary. Last modified: June 17, 2019
Rent free occupation for over 16 years; no formal agreement as to nature of occupation…
Hounslow LBC v Twickenham Garden Developments Ltd
Example case summary. Last modified: September 6, 2021
EQUITY – MANDATORY INJUNCTIONS WHICH ASSIST A BREACH OF CONTRACT. A local council had contracted with the defendants for construction work on their land. …
Claughton v Charalambous
Example case summary. Last modified: June 17, 2019
The effect of exceptional circumstances on the rights of a beneficiary in actual occupation….
Manchester City Council v Pinnock
Example case summary. Last modified: June 17, 2019
Possession proceedings against a tenant and the right to respect for a home under the European Convention of Human……
Bennet v Bennet
Example case summary. Last modified: June 17, 2019
This case concerned a transaction between a mother and her son and the presumption of advancement in equity….
Jones v Challenger
Example case summary. Last modified: June 17, 2019
The effect of extinction of the purpose of a trust to provide a matrimonial home on a joint tenant's right to seek an order of sale….
D’Eyncourt v Gregory
Example case summary. Last modified: June 17, 2019
A testator was a life tenant of certain estates, upon which he had erected and furnished a mansion-house and bequeathed all the tapestry……
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