Summary Joining the legal owner to proceedings in respect of damage to property would suffice to enable the beneficial owner to recover, subject to the rules of remoteness and damage, for all the loss which it had suffered and it did not matter that the beneficial owner was not in...

Summary A company was entitled to be allocated land at a site it was developing with a second company where they had both previously agreed that the first company was due to receive land elsewhere which was later found to be incapable of development. Facts The claimant (B) sought a...

Summary A non-reliance clause in an agreement for lease excluded liability for innocent and negligent misrepresentations, but not fraudulent ones, and the claimant tenants failed to show that representations made by the landlord were false and fraudulently made. Facts The claimant tenants (T) claimed that they had entered into agreements...

Summary A provision in a sale and leaseback contract entitling the landlord buyer to retain 30 per cent of the purchase price if it terminated the tenancy pursuant to any right to do so under the tenancy agreement was not an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999...

Summary Where a family company was a quasi-partnership with characteristics which, on principles of equity, engaged obligations that were common to partnership relations, it had been unjust or unfair to exclude a member from participation in its management without an offer to buy the minority shareholder's shares or make some...

Summary This case raised issues as to jurisdiction and discretion under s.48 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord asserted that the tenant’s application under s.48 had been made too soon and that, no later application having been made, the tenant’s claim was deemed...

Summary In construing the provisions of a commercial property development agreement concerning the payment of profit payments, the court had regard to a letter that it found to contain an offer capable of acceptance, which enabled the constitution of an accepted contract for the proper determination of the correct basis...

Summary A petitioner by substitution in an unsuccessful winding-up petition against a company was entitled to an order that its costs of the winding-up petition would be paid as an expense in the subsequent administration of the company, but there was no good or sufficient reason for its costs to...