Summary Where a covenant in a conveyance prohibited certain building works without the covenantee's consent "to the size nature materials and colour thereof" a duly requested consent under the covenant was not to be unreasonably withheld. Facts The claimant property owners (R) took proceedings against the defendant trustees (B) and...

Summary Property purchased by a council tenant at a 60 per cent discount pursuant to her right to buy and otherwise entirely financed by her son, was held on a resulting trust for her and her son in the ratio of 60:40, as the right to buy discount was treated as a...

Summary A claimant was entitled to the continuation of interim relief until trial subject to fortifying her cross undertaking in damages. Facts The claimant (B) applied to continue interim relief until trial. B, a venture capitalist, and the defendant (H), a property developer, had been in a relationship. B alleged...

Where an application for first registration of title to a plot of land had been cancelled the subsequent transactions had only transferred an equitable title. Where the ultimate purchaser of the land had at all material times believed that another party was entitled to an option over the land it...

Summary The claimant failed to show that he was entitled to an interest in a property as a partner or otherwise. Facts The claimant (P) claimed a 25 per cent share of the profits realised as a result of the development and sale of a property on the basis that he...

Summary The express prohibition in the British Museum Act 1963 s.3(4), on the disposal of objects in the collections of the British Museum, prevented the defendant trustees from returning drawings to their owners. The fact that the trustees were under a moral obligation could not justify a disposition in breach of...

Summary Where a commercial lease was designed to ensure that the tenant had like rights and protection against an underlessee to those the landlord had against the tenant regarding repairs, the absence of such a repairing covenant in the underlease meant that the condition precedent to any obligation on the...

Summary By signing, without reading, terms and conditions relating to an investment that was fundamentally different to the investment product that had been orally explained to him, a company director had not shown that he was content to contract on those terms irrespective of any prior misrepresentation or that he...

Summary The absence of informed consent was a necessary part of a claim alleging self-dealing by a company director. Accordingly, the absence of such consent was a material fact of the claim for the purposes of a waiver clause that did not apply to waive all claims a company might...