Summary Where a caution against dealings was registered in accordance with the proviso to s.54(1) Land Registration Act 1925, it was inappropriate to enquire whether the Land Registrar had given a valid or proper consent to the registration. The fact of registration was sufficient proof of his consent. Facts Appeal by...

Summary Whether commercial tenant had right of access to his demised property over landlord's property when landlord had failed to obtain a right of access to the demise.

Summary Where, under s.71(3) Solicitors Act 1974, a beneficiary sought an assessment of costs charged to an estate, the court should treat the lapse of 12 months since payment of those costs before the beneficiary's application as a factor to be considered in exercising its discretion rather than an absolute bar to...

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...