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Cases Commercial Disputes

Millhouse Gloucester Ltd v Millhouse Land Developments Ltd (2002)

Judgment Date: 28 May 2002

Payments made by the first claimant to the first defendant under a failed development agreement were not recoverable as advance payments of future remuneration, but were irrecoverable introduction fees. The second defendant had no defence to a claim by the remaining claimants for specific performance of a share sale agreement.

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Commercial Disputes
Real Estate

Whale v Viasystems Technograph Ltd

Judgment Date: 27 Mar 2002

Judge entitled to find that a series of transactions by a company, in which a headlease and underlease were executed, were so indivisably bound together that the company never acquired anything more than a nominal reversion which could fall prey to a debenture.

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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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Salim Moloo v Standish Hotels Ltd (2002)

Judgment Date: 06 Mar 2002

The defendant's evidence that he and the claimant had orally agreed that the latter would not exercise an option in certain circumstances, which circumstances still prevailed, was sufficiently credible to preclude summary judgment being granted in favour of the claimant.

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Aubergine Enterprises Ltd v Lakewood International Ltd (2002)

Judgment Date: 25 Feb 2002

A tenant assignor sufficiently complied with Condition 8.3.4 of the Standard Conditions of Sale 3rd Edition if the landlord had in fact consented to the proposed assignment in correspondence, even though the tenant was unable to produce a licence to assign on completion.

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P&B (Run-Off) Ltd v Margaret C Woolley (2002)

Judgment Date: 07 Feb 2002

The fact that the requirements of the Lloyd's Bye-law (No.8 of 1988), the Agency Agreements Bye-law, had not been complied with did not have the result that the agreement between a managing agent and a Lloyd's Name to join a syndicate was void.

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Commercial Disputes

Inland Revenue Commissioners v Barbara Jane Fry (2001)

Judgment Date: 30 Nov 2001

The mere banking of a cheque by the Inland Revenue did not give rise to any contract whereby it accepted the amount of that cheque in full and final settlement of the amount of tax due from the taxpayer.

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Practice areas
Commercial Disputes

Jack Midwood v Anthony & Vanessa Morgan (2001)

Judgment Date: 25 Oct 2001

On its true construction, a right of pre-emption in favour of the defendants as "transferee" was exercisable only while they both remained beneficial owners of the property transferred to them. The right was lost by the execution of a deed of gift whereby one of the defendants disposed of all his interest in the property in favour of the other.

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Commercial Disputes
Real Estate

Hart Investments PLC v Burton Hotels Ltd (2001)

Judgment Date: 23 Oct 2001

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 the tenant to amend its defence to plead an alternative case that there had been a grant of a new periodic tenancy.

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Actionstrength Ltd v International Glass Engineering, Saint-Gobain Glass UK Ltd (2001)

Judgment Date: 10 Oct 2001

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').

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Commercial Disputes

Professor Brian Clarke (Executor of the Will of Francis Bacon) v Marlborough Fine Art (London) Ltd

Judgment Date: 15 May 2001

The claimant had an arguable case, which he would be permitted to plead by way of amendment, that after 1964 a fiduciary duty was owed by the defendant to the artist Francis Bacon in relation to the marketing and exploitation of his paintings.

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Edwin Shirley Productions Ltd v Workspace Management Ltd (2001)

Judgment Date: 22 Feb 2001

The claimant had no case on the merits because negotiations had been "subject to contract" and the licence fee had never been paid.

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Hillsdown Holdings plc v Pensions Ombudsman (1996)

Judgment Date: 01 Jan 2001

Appeal against a decision of the Pension Ombudsman directing the return of surplus funds received by an employer from two pension funds.

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Commercial Disputes

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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Bluewater Operations (UK) Ltd v Amerada Hess Ltd (2000)

Judgment Date: 31 Jul 2000

Construction of a contract, for the provision of a floating production storage and offtake facility, in relation to payments made during the time when the facility was taken off-field for repair.

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John Erridge v Coole & Haddock (2000)

Judgment Date: 26 Jun 2000

The negligent failure of a solicitor to advise the claimant as to the effect of a change of control article in the articles of association of a joint venture company had not caused the claimant any loss since the court was satisfied that, even given the correct advice, he would have accepted the article.

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David Edgar Heaton & Ors v AXA Equity & Law Life Assurance Society Plc & Ors (2000)

Judgment Date: 19 May 2000

Claimants' appeal from the decision of Laddie J on the trial of a preliminary issue as to the effect upon these proceedings of a settlement agreement ('the agreement') made between the claimants and the third parties.

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Ashfield Land (Bartlett Court) Ltd v B Ratcliffe (Gloucester) Ltd

Judgment Date: 11 May 2000

The case concerned questions of construction and as to priorities under the development contract documentation in issue

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Practice areas
Commercial Disputes

Duer v Frazer (2000)

Judgment Date: 19 Apr 2000

The claimant did not make out a case for the exercise of the court's discretion under RSC O.46 r.2 to prolong the period of six years from the registration of a German judgment in England so as to entitle him to permission to issue execution.

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