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Cases Timothy Dutton

Konstantinidis v Townsend

Judgment Date: 20 Mar 2003

Where there was no correlation between use, by the claimant and defendant, of water raised from a bore hole on the defendant's land and maintenance costs, a declaration that the cost of supplying water be borne rateably by the users could not be justified.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Go West v Spigarolo

Judgment Date: 31 Jan 2003

Where a landlord gave the tenant written notice refusing consent to assign a lease, which brought to an end the reasonable time permitted under s.1(3) Landlord and Tenant Act 1988 to respond to the tenant's application, the landlord could not assert that the reasonable time had not elapsed. The landlord was therefore in breach of statutory duty.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Clinton Cards (Essex) Ltd v Sun Alliance & London Assurance Co Ltd (2002)

Judgment Date: 05 Jul 2002

The claimant's action against the defendant for unreasonable withholding of consent to an under-letting was dimissed.

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Fordgate Wandsworth v Bernard Neville & Co and Teacher Stern Selby (1999)

Judgment Date: 01 Jan 2001

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.

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Forrester v UYCF (2000)

Judgment Date: 08 Dec 2000

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.

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Hallisey v Petmoor Developments Ltd (2000)

Judgment Date: 01 Nov 2000

The "main structure" of a modern block of residential flats was to be construed as including not only the bare concrete shell of the building but also whatever additional surfaces were created by the landlord in order to make that shell a complete and effective structure for the purpose of maintaining the physical integrity of the flats within it.

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Peter Pexton v Wellcome Trust (2000)

Judgment Date: 10 Oct 2000

A successful party was not to be deprived of part of its costs on the basis that the litigation, conducted at arm's length, was a test case and that the judgment might be of assistance to that party in the future.

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Members
Timothy Dutton QC

Practice areas
Real Estate

West Sussex Properties v Chichester District Council (2000)

Judgment Date: 28 Jun 2000

A written agreement recording a reviewed rent which had been determined on the basis of a common mistake was to be rescinded, and the amount of any overpayment was recoverable as money had and received. However, interest on the amount overpaid was payable from the date when the claim was notified, and not from the date when the overpayment was made. * Leave to appeal to the House of Lords refused.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Re: Blenheim Leisure (Restaurants) Limited (No.2) (1999)

Judgment Date: 08 Oct 1999

The court had power to impose conditions on the restoration of a company when exercising its jurisdiction under s.653 Companies Act 1985. However the imposition of conditions was not to be regarded as an opportunity for parties who were neither the company concerned or the Company Registrar to obtain benefits by way of those conditions.

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Parc Battersea v Hutchinson

Judgment Date: 18 Mar 1999

A tenant had assigned the remainder of his own lease and not created a subtenancy which would run beyond that term. Even though there was no written document, under s.53(1)(a) Law of Property Act 1925 an interest in land could be created or disposed of by operation of law and without writing and the assignment was therefore valid. Since the lease had excluded protection under Landlord and Tenant Act 1954, the assignee was not entitled to claim that protection under that Act.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Clarence Cafe (in administration) v Comchester Finance (1998)

Judgment Date: 03 Nov 1998

Whether, following the making of an administration order against a tenant, the landlord could lawfully, peaceably re-enter without the leave of the court and whether such a peaceable re-entry was either enforcement of security or legal process under s.11(c) or (d) Insolvency Act 1986.

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Barclays Bank PLC v Prudential Assurance Co Ltd (1997)

Judgment Date: 09 Oct 1997

There were 3 issues in the case: (1) If a lease is disclaimed prior to forfeiture, can the court grant relief from forfeiture pursuant to its inherent jurisdiction at the request of a sub-tenant (no); (2) In such a case, can the court make a vesting order pursuant to s.146(4) of the Law of Property Act 1925 (yes), and (3) If the landlord has forfeited 2 closely connected leases, should the court make a vesting order in respect of one of them which is conditional upon the payment of sums due under the other (yes).

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Members
Timothy Dutton QC

Practice areas
Real Estate

Wellcome Trust Ltd v Hammad (1997)

Judgment Date: 30 Jul 1997

Sub-tenants in mixed residential and business premises may still enjoy Rent Act protection after expiry of head-lease.

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Members
Timothy Dutton QC

Practice areas
Real Estate

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