Summary In the circumstances, a defendant was entitled to the rectification of a reversionary sub-underlease to include words that had been omitted from the original underlease where the sub-underlease did not express the common continuing intention of the parties. Facts The claimant tenant (K) sought the construction of a break...

Summary It would be an improper exercise of a mortgagee's power of sale if no part of his motive for exercising that power was to recover the debt secured by the mortgage. However, if a mortgagee had mixed motives for exercising that power and one of the motives was to...

Summary The area to be included in the calculation of the net internal area of a building, as defined in the RICS Code of Measuring Practice, was the area that was capable of use for any sensible purpose in connection with the purposes for which the building was to be...

Summary Where the respondent entered into an agreement with the appellants to assist in matters of litigation between the appellants and another party, on a true interpretation of the agreement the respondent was entitled to the payment of a contingency fee on the payment of sums due to the appellants...

Summary There was nothing wrong with the judge's finding that the first defendant was the beneficial owner of a property. Therefore the claimant was entitled to set off rent payments in respect of that property against a debt owed to him by the first defendant; and the bare trustees of...

Summary Applying the standard in Moy v Pettman Smith (A Firm) [2005] UKHL 7 , (2005) 1 WLR 581, a barrister had not been negligent in the advice he had given to a tenant regarding the desirability of serving a protective notice under the Leasehold Reform Act 1967. Facts The claimant (J) brought a claim in negligence...