Summary Appeal by landlord against decision that allowing nuisance to continue on demised premises was a derogation of grant towards another tenant. Facts The appellants were developers of a site on Bognor Regis High Street. The respondent was the father of a business woman who opened a shop selling executive...
Summary Sub-tenants in mixed residential and business premises may still enjoy Rent Act protection after expiry of head-lease. Facts Three appeals, against County Court possession orders, by sub-tenants (Baines, Hopkins and Hammad) who enjoyed sub-tenancies in premises used both as dwelling houses and for business purposes. In each case the...
Summary Construing a rent review clause which put the notional premises from which market rent was to be ascertained in a wide area where widely differing rents for such premises were being charged. Facts Defendant's appeal from part of an order of Michael Hart QC on the 14th March 1996 in...
Summary Applications to wind up the respondent company, to strike out the petition and to amend the petition to include an amount of interest falling due after the date of issue. Facts Three applications were before the court; firstly, to wind up Richbell Strategic Holdings Ltd ('RSH') presented by the...
Summary Delay of two years in bringing an application under the Company Directors Disqualification Act 1986 did not amount to an abuse of process. Facts Application by the respondent (one of nine named respondents in the application of the Secretary of State) to have the proceedings under s.8 Company Directors Disqualification...
Summary The court retained a power to direct that prior references in the course of the preceding hearings in open court did not release an implied undertaking. There was nothing in RSC O.24 which made such an approach inappropriate. Facts Application for the release of implied undertakings to which the...
Summary Indemnity provided under the Solicitors' Indemnity (Enactment) Rules 1992 extended to any loss incurred arising directly from any claim against a solicitors' firm founded on negligence attributable to that firm. Facts The Mortgage Corporation Ltd ('MCL') claimed against the Solicitors Indemnity Fund Ltd ('SIF') for sums due under judgment obtained...