Summary An order allowing an amendment to statements of claim did not give rise to a new cause of action and was accordingly upheld. Facts Appeal from the order of Rimer J, sitting as the designated judge of the Abbey National Managed List, dated 14 February 2001, allowing Abbey National permission to...

Summary In a successful appeal from an order for possession, the trial judge had incorrectly construed an option to renew a lease as if it expressly provided that the deadline for service of the option notice was the expiry of the contractual term. Further, the trial judge should have allowed...

Summary An agreement to provide car parking facilities upon premises, taken as a whole, did not create a tenancy because exclusive possession was not granted under the agreement. Facts Appeal by National Car Parks Ltd ('NCP') from the decision of Judge Rich QC dismissing NCP's claim for a declaration that...

Summary In dealing with a father who had made his case into a public cause celebre, the court gave guidance on the drafting, granting and limitations of injunctions in personam and contra mundum. Facts Cross applications made in family proceedings. H was the father of three children who lived with...

Summary Directors who disposed of a company's property in breach of their fiduciary duties were to be treated as having committed a breach of trust, and so were to be treated as constructive trustees of any such property that came into their hands. Pursuant to s.21(1)(b) Limitation Act 1980, there...

Summary Appeal by the second defendant ('SGG') from an order of Mitting J on 30 July 2001 by which he dismissed its application under CPR Part 24 for summary judgment against the claimant ('Actionstrength'). Facts In May 1999 SGG, as employer, contracted with the first defendant ('Inglen') as main contractor for the construction of...

Summary An assignment of the benefit of a notice to enfranchise which was made independently of or before an assignment of the tenancy in breach of s.5 Leasehold Reform Act 1967 was of no effect whatsoever. It did not serve to deprive the tenant of the right to enfranchise. Facts Application...

Summary Time was of the essence in relation to the service of a tenant's counter-notice under a rent review clause which deemed the reviewed rent to be that specified in the landlord's trigger notice if such a counter-notice was not validly served. Mecca Leisure Ltd v Renown Investments (Holdings) Ltd (1984) 49...

Summary An appellant needed to state a fall-back position in the event that his appeal failed in whole or in part. It was not reasonable to come to the Court of Appeal and ask for a case be remitted to enable the planning inspector to invite further submissions. An argument...