Summary A claim to certain shares on the basis that they were held on a constructive trust was statute-barred because the shares had come into existence only as a result of the transaction impeached, so that the constructive trust alleged was not of a kind that fell within the exception...

Summary The Covent Garden Market Act 1961 s.18(1)(f) was wide enough to permit the secretary of state to consent to the Covent Garden Market Authority carrying on, or granting leases which allowed to be carried on, activities unconnected with the sale of horticultural produce. Facts The secretary of state and...

Summary A rent review notice was valid and had been properly served by being left at the demised premises. Petition by the claimants for leave to appeal from the decision of the Court of Appeal [2005] EWCA Civ 302 Facts The claimant lessor (W) sought declarations concerning the validity of a rent...

Summary The effect of a Tomlin order settling possession proceedings was not just to create an estoppel limited to the legal conclusion that the tenant was a statutory tenant at that date but to create an estoppel as to the essential facts and circumstances underlying the agreement made at that...

Summary A possession order was granted in favour of a claimant where the defendant occupier of the property had failed to demonstrate circumstances which would make it inequitable or unconscionable for her not to be given some interest in the property. Facts The claimant (T) sought an order for possession...

Summary The court determined various preliminary issues in connection with a steelwork construction subcontract, including the extent of the parties obligations under the heads of agreement and supplemental agreement, the extent of the parties agreement as to valuation, the main contractor's entitlement to an abatement in respect of defective work...

Summary A leaseholder's proposed development on demised land was permitted by the terms of the lease and the freeholder had unreasonably withheld its consent to the proposals. Facts The claimant lessee (G) sought declarations that the respondent local authority freeholder had unreasonably withheld its consent to G's proposed development and...

Summary The limitation period in respect of a claim by a trustee in bankruptcy under the Insolvency Act 1986 s.423 ran from the date of the bankruptcy order. Facts The appellant trustees (T) appealed against the decision ((2005) EWHC 336 (Ch)) that a settlement, of which T were the trustees, two legal charges...