Summary In a case that applied only to its own facts, it could not be said that an award of £37,500 in lieu of an injunction requiring restoration of demised premises for breach of the tenant's covenant not to alter, fell outside the ambit of the judge's discretion. Facts Defendant's appeal...

Summary A managing agent who, in advance of completion of a deed of surrender, accepted the return of the keys, was liable in negligence to the landlord for the loss of the premium payable on completion: the landlord's solicitors were not negligent for having "affirmed" that surrender. Facts Claimant's action...

Summary Appeal against a decision of the Pension Ombudsman directing the return of surplus funds received by an employer from two pension funds. Facts Appeal by Hillsdown Holdings plc ('Hillsdown') from a determination of the Pensions Ombudsman of 11 October 1995 by which he directed the return with interest by Hillsdown of...

Summary A provision in a lease, by which the lessor covenanted to erect a permanent office building "in accordance with the specification contained in a letter of even date...annexed hereto", was void for uncertainty where no such letter was in fact annexed to the lease. Facts Appeal by Mr...

Summary A member of a company pension scheme, retiring from service before normal retirement date on the grounds of redundancy, could only take an immediate pension which was not reduced actuarially to reflect the acceleration of payment, if the employer gave its consent to the unreduced provision. Facts The trustee...

Summary Application by the CPR Part 20 defendant ('HBB') to strike out a Part 20 claim brought against it by the respondent insurance brokers ('M&G'). The claimant in the action was the building and design contractor for the development of some industrial premises which developed subsidence problems. The claimant's case against...

Summary The provision of a new house could not constitute an "improvement" for the purposes of s.9(1A)(d) Leasehold Reform Act 1967. The beneficiary of a building agreement in whose favour a lease would be granted upon completion of the house was not then a tenant, either in law or...

Summary Where an employer decided to close an existing pension scheme to new entrants, and created a new scheme which would coexist with the original scheme, there was no objection to the employer funding its contributions in respect of the new scheme from the surplus in the fund which had...