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Cases Timothy Harry

P&O Overseas Holding v Rhys Braintree Ltd (2001)

Judgment Date: 12 Mar 2002

Successful application for summary judgment for specific performance of an agreement for the sale of a shopping centre. On the facts of the present case the vendor was not required to produce a stamped transfer in its favour on completion, from which it followed that the purchaser could not avoid paying interest on the unpaid purchase price from the contractual completion date.

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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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Edward Horrill v Alice Cooper (2000)

Judgment Date: 29 Feb 2000

A registration of a land charge in the Land Charges Register against the correct name of the estate owner where the land, as described, was a version of the land fully described in the conveyance, constituted an effective registration.

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Members
Timothy Harry

Practice areas
Real Estate

The Mortgage Corporation Ltd v Shaire (2000)

Judgment Date: 25 Feb 2000

On a mortgagee's application for an order for sale, s.15 Trusts of Land and Appointment of Trustees Act 1996 specified the factors to be considered by the court in the exercise of its discretion. Accordingly, the interests of secured creditors were just one factor to be considered; such interests were not distinguished as priority interests.

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Members
Timothy Harry

Practice areas
Real Estate

Trustees of Gunter Estate v Tristem

Judgment Date: 12 Jan 2000

Despite an inapt clause in a lease which suggested, when read alone, that a tenant was not liable for contributing towards the maintenance charges for those common parts of a building which she was not entitled to use, the overall intention of the parties was clearly that the tenant would pay a specified fixed proportion of the costs incurred by the landlords.

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Members
Timothy Harry

Practice areas
Real Estate

Nightingale Mayfair Ltd v Mehta (1999)

Judgment Date: 21 Dec 1999

A debtor who caused a property purchased with his money to be transferred into a trust or settlement for the purposes of a tax avoidance scheme had successfully deprived himself of any beneficial interest in the property. Futhermore, a promissory note constituted "valuable consideration" for the purposes of s.23(1) Land Registration Act 1925.

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Platform Home Loans Ltd v Oyston Shipways Ltd (1999)

Judgment Date: 18 Feb 1999

The application of s.1(1) Law Reform (Contributory Negligence) Act 1945 to cases of professional negligence in the context of the principles laid down by the House of Lords in South Australia Asset Management Corp v York Montague Ltd (1996) 3 WLR 87 and Nykredit Mortgage Bank plc v Edward Erdman Group Ltd (No.2) (1997) 1 WLR 1627 where there had been contributory negligence on the part of the lender.

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Re: Greenhaven Motors (1998)

Judgment Date: 31 Jul 1998

On an application made under s.167(1)(a) Insolvency Act 1986 it is inappropriate for the court to embark on a detailed examination of the question whether a person wishing to be heard is a creditor or contributory. It is enough that the court should be satisfied that the claim is made bona fide and that it is not plainly misconceived. If the claimant satisfies that test he should be heard, although it is a matter for the court what weight should be given to his wishes.

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Maes Finance Ltd v Leftleys (1998)

Judgment Date: 27 Jul 1998

The judge was fully entitled, in the exercise of his discretion, to order five related actions against solicitors to be heard together and the defendant's contention that, should the actions be heard together, he would be left with the impression that he had not had a fair trial, was not accepted by the court, since there was no rational reason for so concluding.

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Rita Zwebner v The Mortgage Corporation Ltd (1998)

Judgment Date: 18 Jun 1998

Solicitor acting for mortgagee in a re-mortgage has a duty to ensure that it is properly signed by each of the borrowers.

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The Mortgage Corporation v Anscombe & Ringland (1998)

Judgment Date: 08 May 1998

The court has an inherent jurisdiction to order production of confidential documents of third parties for use as evidence.

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Members
Timothy Harry

Practice areas
Real Estate

Olympia & York Canary Wharf Ltd v Oil Property Investments Ltd (1994)

Judgment Date: 17 Feb 1994

Landlord's refusal to consent to assignment of a lease to a party intending to determine the lease held to be reasonable.

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Members
Timothy Harry

Practice areas
Real Estate

Re: Vedmay Ltd (1993)

Judgment Date: 01 Jan 1993

Statutory tenant may claim to have property which liquidator has disclaimed vested in him

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Members
Timothy Harry

Practice areas
Real Estate

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