An option agreement did not clearly identify the land but an agreed plan appended to the agreement did.There was sufficient certainty in the agreement for it not to be void and for specific performance of the agreement to be granted.
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On an application for a certificate of inadequacy in relation to a drug trafficking confiscation order, a court could only look at post-confiscation order events; it was not entitled to go behind the Crown Court judge’s findings as to D’s realisable assets.
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The court had the power under the Rules of the Supreme Court 1978 (Bahamas) Ord.18 r.19(1)(a) to strike out a claim made under Art.28 of the Constitution regardless of the fact that such a claim was not available at common law.
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Duty of Care – Bank – Mareva Injunction. In proceedings between the Claimant and a third party, the Claimant obtained an asset-freezing order over the third party’s bank accounts. The Defendant bankers were notified of the freezing order. Assets were paid out and the Claimant sought to claim against the bank alleging that a duty of care was owed. The House of Lords considered the three tests for determining whether a defendant sued for causing pure economic loss to a claimant owed a duty of car ...
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The Defendant was unable to establish circumstances showing it to be inequitable or unconscionable for her not to be given some interest in a disputed property, the question of unconscionability being one which required the court to consider all the relevant circumstances and not at individual factors in isolation.
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D, who was released on licence in accordance with a warrant which wrongly stated that consecutive sentences imposed on him were concurrent, was not unlawfully at large until the drafting error was corrected by the sentencing judge. The period he had spent out of prison on licence should be counted as part of his prison term.
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Terms. An insured could not choose to make minor or significant changes to improve his premises whilst claiming that the same amounted to reinstatement because it produced the same floor area as had pre-existed in the destroyed building. Any elements of improvement should be made plain to the insurer and, if the improvements were extensive, it might be appropriate to prepare a notional reinstatement scheme to calculate the insurer’s contribution to the works.
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The Claimant brought a claim fro unsecured debts against one of the Defendants. The Claimant challenged whether that Defendant had a beneficial share in a property and placed a unilateral notice upon that property. The court refused to vacate the notice holding that the claim amounted to a "pending land action" within section 87 of the Land Registration Act 2002.
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The Claimant was the landlord of commercial premises which were occupied by the Defendant. Each of the leases contained a break clause and this right was subject to certain conditions being complied with. The Defendant served break notices and the parties then reached a settlement in respect of repairs and decoration. The Claimant subsequently claimed rent arrears and service charge arrears alleging the break notices were not effective. The court held that the Claimant could not resile from the ...
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A decision not to vary an injunction that prevented a family of Romany gypsies from stationing caravans on their land was not perverse as the judge had taken account of the principles in the relevant authorities and had assessed the merits of an appeal against refusal of planning permission that was pending at the time of the hearing.
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