Cases

Ikbal v Sterling Law [2013] EWHC 3291 (Ch)

Horler v Rubin [2012] EWCA Civ 4; [2013] 1 B.C.L.C. 1; [2012] B.P.I.R. 749

Dyson Technology Ltd v Curtis [2010] EWHC 3289 (Ch) Knowing receipt and dishonest assistance

GMAC-RFC Ltd v Osborn (2010) (Central London CC): joint mortgagor alleging undue influence, misrepresentation and duress; whether defendant’s solicitors liable for costs wasted by failure to prepare for adjourned trial.

Jesmond Park Estate (2009) (LVT): Landlord and Tenant Act 1985, ss 20ZA, 27A, 20C, Party Walls etc Act 1996; whether costs of compliance with party wall award recoverable as service charge.

GMAC-RFC Ltd v Wiemer (2009) (Ch D): whether unilateral notice to be withdrawn to permit sale by mortgagee.

Financial Ombudsman Service Ltd v Antony Weil Insurance Consultants (2008): Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001; whether the compulsory jurisdiction applied to a firm formerly authorised by FIMBRA but never a member of PIA.

Eurostar Ltd v Kwik-Fit (Eastern) Ltd (2006) (Central London CC): business tenancy; whether rent concession binding.

Cottrell v Cottrell (2006) (Ch D): remuneration of Court appointed farm manager; whether items of expenditure to be disallowed on taking of account.

Design Progression Ltd v Thurloe Properties Ltd [2005] 1 WLR 1 (Ch D): Landlord and Tenant Act 1988, s 4; whether exemplary damages recoverable for breach of statutory duty.

Rayner v Financial Services Authority, Townsend v Financial Services Authority (2004) (009) (Financial Services & Markets Tribunal): obligations under the Pensions Review; whether prohibition order to be made under FSMA 2000, s 56 and approval withdrawn under FSMA 2000, s 63.

Property litigation

Property Investments (Chelsea) Ltd v Jones (2004) (Central London CC): Rent Act 1977, s 2; whether occupation as a residence maintained.

Property Investments (Chelsea) Ltd v Cullen (2004) (Central London CC): Rent Act 1977, s 2; whether occupation as a residence ended by sub-letting and residence abroad.

Lerman v Roomes (2004): County Court order for possession; whether to be enforced by way of order for committal.

Gilhooly v Grix (2000) (Ch D): whether Tomlin order to be set aside on grounds of economic duress.

R v London Borough of Southwark, Ex p Mason (2000) CO/4112/98 (QBD): Legal Aid Act 1988; liability of legally assisted party under order for costs.

Samuel v Fatih LTL 20/6/2000 (CA): acquisition of right of way by lost modern grant.

Professional negligence and discipline

Hermes Homes Ltd v Dibb Lupton Alsop (2002) (Ch D, Birmingham): assessment of damages where vendor subsequently unable to enforce restrictive covenant.

In re Glass (2000) Evening Standard Homes & Property, 23rd February (Architects Registration Board Professional Conduct Committee): whether suspension order to be made.

Commercial litigation

Barry M Cosmetics Ltd v Alkos Cosmétiques SA (2008) (London Mercantile Court): sale of goods; whether manufacturing error entitled buyer to reject.

Olympian Automotive Ltd v Hill (2006) (Ch D, Manchester): freezing injunction; whether to be varied to permit disposal of certain assets.

Insolvency

Hill v RFS Ltd (2006) (Ch D): guarantee of company liabilities; whether District Judge wrong to dismiss application to set aside statutory demand.

Williamson v Governor of the Bank of Scotland [2006] EWHC 1289 (Ch), [2006] BPIR 1085: Unfair Terms in Consumer Contracts Regulations 1999; whether applicable to guarantee of overdraft of LLP.

Butterworth v Soutter [2000] BPIR 482 (Ch D): liability for trustee’s costs where statutory demand subsequently set aside and bankruptcy annulled with petitioner’s consent.

Re Loxston decd, Abbott v Richardson [2006] WTLR 1567 (Ch D): testamentary capacity.

Public Trustee v Bailey [2005] All ER (D) 12 (Dec) (Ch D): actual undue influence.