New Property Laws & Land Law Cases in the UK
Below are some recent property law cases from our CaseCheck archive, including information on new property laws, commercial property law, legal issues regarding ownership of property, tax implications and landlord and tenant law. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
Edward Gardner Fox and others v (1) The Scottish Ministers and (2) Glasgow City Council, [2012] CSIH 32, 27 March 2012  -  Inner House case concerning a compulsory purchase order (CPO) made in relation to property on Argyle Street/Robertson Street in Glasgow.  The owners of the properties which were subject to the CPO raised an appeal in which they sought to quash the decision of the Scottish Ministers to confirm the... more...
PCE Investors Ltd v Cancer Research UK, [2012] EWHC 884 (Ch), 04/04/2012  -  English High Court case concerning a break option contained in a sublease between Cancer Research (the landlord) and PCE (the tenant).  PCE sought to exercise the break option which was conditional on payment of the rent up to the break date.  The break date occurred shortly after a quarter day and,... more...
Siveter v Wandsworth Borough of London [2012] All ER (D) 119 (Feb)  -  The Claimant was a tenant of the Defendant local authority, and claimed damages for personal injuries sustained following an infestation of poultry mites from a pigeon nest situated outside of her flat. The Defendants' contractors had removed the nest and sprayed the area, but had not sprayed inside... more...
Leary v Birmingham Crown Court [2012] All ER (D) 137 (Feb)  -  The appellant was the sole tenant of a flat which was searched by the Police on two occasions, as a result of which the appellant was arrested. In June 2010 a Closure Notice was served on him pursuant to s.1 Anti-Social Behaviour Act 2003. Following a contested hearing a s.2 Closure Order was made.The... more...
George Wimpey Manchester Ltd v Valley & Vale Properties Limited & Ors [2012] EWCA Civ 233  -  Valley & Vale granted Wimpey a 150 year lease of a building plot, subject to onerous covenants. The parties later agreed Wimpey would sell back the lease, resulting in a merger of the freehold and leasehold interests. Valley & Vale went into administration before completion and the court considered whether... more...
David Michael Coventry (t/a RDC Promotions) & ors v Terence Raymond Waters and James Edwards Waters [2012] EWCA Civ 26  -  David Michael Coventry (t/a RDC Promotions) and Moto-Land UK Ltd (Appellants/2nd and 3rd Defendants) v Katherine Lawrence and Raymond Shields (Respondents/Claimants/Appellants on Cross Appeal) v Terence Raymond Waters and James Edwards Waters (4th and 6th Defendants/Respondents on cross appeal) [2012]... more...
Garguilo v Jon Howard Gershinson & Anr [2012] EWLandRA 2011_0377 (06 January 2012)  -  We are pleased to welcome solicitor and partner Anis Waiz of Mohindra Maini LLP as he continues his critical review of current case law. Here, Anis examines Garguilo v Jon Howard Gershinson (2) Louisa Brooks Joint Fixed Charge Receivers of Desmond Daniel Charles Moore in respect of 140 High Street,... more...
Samarenko v Dawn Hill Ltd [2011] EWCA civ 1445 1st December 2011 CA: Rix, Etherton, Lewison LJJ  -  In Samarenko the Court of Appeal was considered whether the failure to pay a deposit on time under a contract for the sale of land amounted to a repudiatory breach of contract entitling the seller to terminate the contract.The Defendant Company contracted with the Claimant to purchase the freehold interest... more...
London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 Lord Neuberger (MJ), Aikens LJ, Lewison LJ  -  The Appellant (LTH) appealed against a decision that the Respondent (KCH) acquired an easement by prescription over a private roadway belonging to its hotel. LTH argued that KCH's use could not be deemed "as of right". There was no acquiescence on the part of LCH. It had been ignorant in 1980 to the... more...
Sun Street properties Limited v Persons Unknown [2011] All ER (D) 72 7th December 2011  -  Squatters appealed against an injunction and possession order made against them following their occupation of a disused building owned by a bank. They were served with the applications at 9pm on 17.11.12 and with an unsealed copy of the order made by the court at 9.18pm.It was held that although the... more...
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