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Significant & Reported Cases
An important case involving a judicial review challenge of a planning decision made nearly four years before the application. The Claimants were challenging the grant of planning permission for a significant caravan site development at the gateway to the Brecon Beacons. The case, in which the Claimants were successful despite the lapse of time, raises important questions concerning delay and prejudice in judicial review in circumstances in which the planning permission had been relied on to develop the site over a period of four years, and of the relevance of compensation payments to a decision to take discontinuance action under the Town and Country Planning Act 1990.
Procedural questions over claim for compensation for damage to farm land.
Rights of way and drainage easements.
Proper interpretation of Section 164 of the Companies Act 1985 destinguishing R W Peak (Kings Lynn) Ltd [1998] 1 BCLC 193
Covenants to repair in leases, meaning of “building” and “structure” and applicability of Section 20C(3) of the Landlord and Tenant Act 1985
Purchaser’s failure to be ready willing and able to comply with their own notice to complete; time of day for completion; estoppel by conduct.
Section 30(1)(f) of the Landlord and Tenant Act 1954 and whether the landlord could show he needed access to the demise for demolition purposes when the tenants intended to clear the site at the end of the tenancy if the tenancy was determined but not if continued under the Act.
Prescriptive rights of way.
Criteria for modification of restrictive covenants by Lands Tribunal.
Minority shareholder & unfair prejudice; appropriate relief in the context of a small international group of companies.
Presumed undue influence.
Environmental Impact Assessment Regulations for uncultivated land.
Peter Blair QC
William Batstone
"Common Law" spouse/partner whether living in same household as partner as husband or wife when had left 3 months before death due to partner's behaviour (Alcohol related). Determination by court of Appeal: applicant within section.
Solicitor sending draft will to client who signs but does not execute it. Solicitor fails to send reminder (admits good practice) Court of Appeal held solicitor not negligent.
Proprietory Estoppel. How far court should see to satisfy expectations raised. Court of Appeal lays down guidelines as to exercise of discretion and relevance of detriment.
Landlord & tenant - possession - tenant suffering from disability - breach of tenancy - nuisance & annoyance - whether claim for possession unlawful under Disability Discrimination Act 1995 - whether reasonable to grant possession under Housing Act 1988.
Farm visits, not agricultural use
Court of Appeal maintaining grant of injunction against all members of unincorporated body campaigning against far trade.
Affirmation of charge as defence to undue influence claim.
Whether tenancy binding on mortgagee.
Whether farm with farmhouse let as dwelling -Protection from Eviction Act 1977.
Whether judge has to embark upon an investigation into solicitor's conduct on a wasted costs application when the facts speak for themselves
Forfeiture by peaceable re-entry/s252 Insolvency Act.
S5 Agricultural Holdings Act 1986.
Authority to sue in name of company, proceedings brought without authority. Action struck out by court of appeal with indemnity costs.
Court of Appeal Early Mareva Case Determined on whether grant of injunction relief just and convenient within S.37 Supreme Court Act 1981.