Selected notable cases conducted in the Property field
Trade Storage Ltd v Papanicola [2011] EWHC 598
(Security for costs; whether Claimant Company in substance a Defendant and so immune from SFC order).
Santander Bank v M [2011] March, Croydon County Court
(Application to strike out averment of constructive notice in Etridge defence; application successfully opposed by Marc Beaumont)
GMC Collections v Singh [2009] CLCC, 28th July (HH Judge Collins CBE)
(Re-litigation, consumer credit, improper execution, issue estoppel, abuse of process, Johnson v Gore-Wood, limitation period for allegations of improper execution, successful strike-out application).
Patel v GMS Norwich Ltd [2008] 14th January, Court of Appeal
(conveyancing; purchaser paid too little to vendor as vendor's solicitor mistakenly asked for too little to effect completion, mistakenly accepted the lower sum and mistakenly paid the correct, larger sum to the vendor out of other client funds; vendor sued in damages for balance of purchase price, but had already received it, by mistake, from his negligent solicitor; defence of "no loss;" vendor then repaid the overpayment to his negligent solicitor having retained it for 5 months in order to contrive a loss; whether vendor could recover that loss ?)
Goodchild v Bradbury & Hillier [2007] WTLR 463, Court of Appeal
(Gift of land; presumption of undue influence; whether rebutted by donor's confession that not placed under any pressure; whether third party transferee of land had constructive notice.)
Di Placito v Slater [2004] 1 WLR 1605, Court of Appeal.
(Probate action, application of CPR to modification of undertaking; relevant test)
Di Placito v Slater [2003] Lawtel 24th March
(Probate action; strike out for breach of undertaking, abuse of process, extension of time)
Hill Samuel Personal Finance v Grundy [2002] CL Aug
(CPR Part 51.19, automatic stay, strike out)
London Borough of Islington v Michaelides [2001] Crim LR 843, [2001] LTL 15/6/01, Divisional Court
(Planning, breach of Enforcement Notice, autrefois acquit inapplicable where previous acquittal secured by improperly obtained certificate of lawful development)
Thornberry v Coleman [2001] All ER (D) 357, Court of Appeal
(Planning; slander by officer of Local Government, exemplary and aggravated damages, whether slander of Company Director is slander of the Company )
Birmingham Midshires v Sabherwal [2000] 80 P & CR 256, Court of Appeal
(Overreaching, ECHR Article 8, undue influence, subrogation)
Ocwen UK v Travis [2000] Current Law, Aug
(strike out/limitation period for extortionate credit bargain claim)
Hurstanger Ltd v Wood & Wood [1999] CL June
(following FNB v Ann and Hustanger Ltd v Ricketts, strike out/limitation period for extortionate credit bargain claim)
Abbey National plc v Tufts [1999] 2 FLR 399, Court of Appeal;
(mortgage fraud, LPA Section 199, reasonable inquiries, application of Quennell v Maltby test)
Hill Samuel Personal Finance v Grundy [1997] All ER (D) 81, Court of Appeal
(Unless Orders / Hytec Information criteria)
Hurstanger Ltd v Ricketts [1998] CCLR 5
(following FNB v Ann, strike out/limitation period for extortionate credit bargain claim/issue estoppel/abuse of process)
First National Bank v Ann [1998] CCLR 1
(limitation period for extortionate credit bargain claim)
Abbey National B.S. v Cann [1991] 1 AC 56, House of Lords,
(a leading case on overriding interests, LRA 1925 s. 70(1)(g); equitable subordination)
Abbey National B.S. v Cann [1989] 2 FLR 265 Court of Appeal
(a leading case on overriding interests, LRA 1925 s. 70(1)(g); equitable subordination) |
