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 CPO. The CPO had been issued as part of a back-to-back scheme between the Council and a developer for the conversion of the property into, amongst other things, a hotel and apartment complex. ...
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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, after receiving an invoice for a full quarter’s rent (payable quarterly in advance) from Cancer Research, PCE sent an email to Cancer Research’s managing agents advising them th ...
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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 a locked cupboard on which the nest had been situated, nor sought to have the cupboard unlocked in order to spray. At first instance the Judge found for the Defendants.On appeal, the Court of Appeal ...
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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 appellant appealed unsuccessfully to the Crown Court, and then unsuccessfully to the QBD Administrative Court, where Blair J considered that (1) article 8 ECHR was engaged, but it was not necessary ...
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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 there was an unpaid vendor's lien in Wimpey's favour over the property.The Court of Appeal held that, on an objective assessment of the parties' intentions, there was no unpaid vendor's lien. ...
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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] EWCA Civ 26An appeal brought by the 2nd and 3rd Defendants against a finding that noise nuisance emanating from a stadium and track where they organised motor sports events constituted a private nu ...
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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, Godalming ( Deeds) [2012] EWLandRA 2011_0377 (06 January 2012) Introduction Here we examine a very important and perhaps unnoticed decision of the Adjudicator to HM Land Registry which ...
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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 in a property that he owned. It was a condition of the contract of sale that the time for payment of the deposit was of the essence. The Defendant failed to pay the deposit within the stipulat ...
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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 change in ownership of KCH's hotel and thus of the determination of the licence granted to the original owners of the hotel. Accordingly, by inference an implied licence arose upon change of ownershi ...
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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 interim injunction had been made properly, service had been grossly inadequate. There was no covering letter and no contact details clearly given for the court, the Applicant or their solicitors. How ...
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