Summary It was reasonable for a landlord to require that an intending guarantor of a proposed assignee should provide references that spoke of his ability to meet all his contingent liabilities and not merely those liabilities that would arise under the lease; and that three guarantors should be provided. Facts...

Summary A judge was wrong to conclude that the fourth defendant's transfer of his legal interest in a property to the claimant was also intended to transfer his beneficial interest in that property. Facts Appeal by the fourth defendant ('K') from an order of HH Judge McKenna by which he...

Summary The claimant's action against the defendant for unreasonable withholding of consent to an under-letting was dimissed. Facts Action by the claimant ('Clinton') for damages for breach by the defendant ('RSA') of its duty under the Landlord and Tenant Act 1988 not unreasonably to withhold its consent to an under-letting. Clinton...

Summary Transfer of shares effective in equity though not registered in name of transferee;Whether pre-emption rights of other shareholders under articles of association of company triggered notwithstanding that legal title to shares not transferred.

Summary Counsel's opinion complied with the provisions of a share purchase agreement. The opinion could only be considered at face value for those purposes and it was not open to the defendant to go behind it and challenge the legal or factual basis on which it was given. Facts Applications...

Summary Where a solicitors' firm contended that there had been an equitable assignment of the benefit of an insurance policy in its favour, the court was not satisfied that the second claimant had made a sufficiently clear act of assignment of the insurance fund. * Application for leave to appeal to...

Summary Payments made by the first claimant to the first defendant under a failed development agreement were not recoverable as advance payments of future remuneration, but were irrecoverable introduction fees. The second defendant had no defence to a claim by the remaining claimants for specific performance of a share sale...

Summary The appeal judge had been right to differ from the trial judge's findings of fact and to find that the defendant tenant was entitled only to an assured shorthold tenancy and not an assured tenancy. * Leave to appeal to the House of Lords refused. Facts Appeal by the defendant...

Summary The appellant owned and operated the Half Moon Hotel at Montego Bay, Jamaica. Facts The respondent owned the adjacent Holiday Inn. Between the Half Moon Hotel and the Holiday Inn were three strips of land belonging to the Holiday Inn. Those lands were acquired by the appellant in 1966 and...