Results: 30

• Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd

  02 Apr 1996 [1996] Ch 307; [1996] 3 WLR 525; [1997] 1 All ER 254, Ch D

  Subsequent citations: 3.
  VENDOR AND PURCHASER — Completion — Vendor's notice to complete

  VENDOR AND PURCHASER — Deposit — Forfeiture
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  Case index catchwords

  VENDOR AND PURCHASER — Completion — Vendor's notice to complete — Contract incorporating standard condition for completion within 10 working days of notice to complete — Vendor deducing title three weeks late and giving purchaser notice to complete within one working day — Purchaser not in breach — Purchaser not complying with notice — Vendor treating contract as repudiated — Whether vendor entitled under general law to give shorter notice period — Whether notice valid — Whether vendor repudiating contract — Standard Conditions of Sale (2nd ed), cond 68

  VENDOR AND PURCHASER — Deposit — Forfeiture — Contract excluding court's discretion to order repayment of deposit — Vendor in breach — Whether entitled to forfeit deposit — Law of Property Act 1925, s 49(2)

  2 Case(s) considered

  1 Statute considered

  1 Standard Form considered
• In re Bank of Credit and Commerce International SA (No 8)

  09 Mar 1994 [1995] Ch 46; [1994] 3 WLR 911; [1994] 3 All ER 565, Ch D

  20 Dec 1995 [1996] Ch 245; [1996] 2 WLR 631; [1996] 2 All ER 121, CA

  30 Oct 1997 [1998] AC 214; [1997] 3 WLR 909; [1997] 4 All ER 568, HL(E)

  Subsequent considerations : 3 negative. Subsequent citations: 32.
  INSOLVENCY — Winding up — Set-off
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  Case index catchwords

  INSOLVENCY — Winding up — Set-off — Bank making loans to companies secured by charges over third parties' deposit accounts — Bank subsequently going into liquidation — Whether liquidators entitled to recover whole of outstanding indebtedness from principal debtors — Insolvency Rules 1986, r 490

  9 Case(s) considered

  1 Statutory Instrument considered
• In re Segelman, decd

  09 May 1995 [1996] Ch 171; [1996] 2 WLR 173; [1995] 3 All ER 676, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 20.
  CHARITY — Charitable purposes — Relief of poverty

  WILL — Rectification — Clerical error
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  Case index catchwords

  CHARITY — Charitable purposes — Relief of poverty — Trust for assistance of testator's poor and needy relations at trustees' discretion Class members not poor but not affluent — Gift over to charitable institutions at expiry of 21 years if no member of class eligible to benefit — Whether gifts for exclusively charitable purposes Whether gifts constituting exempt transfer — Inheritance Tax Act 1984, s 23(1)

  WILL — Rectification — Clerical error — Solicitor preparing draft pending testator's instructions on class of beneficiaries — Testator's instructions rendering draft inappropriate — Solicitor failing to amend draft — Whether failure constituting “clerical error” — Whether rectification to be ordered — Administration of Justice Act 1982, s 20(1)(a)

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• In re Dennis (A Bankrupt)

  10 Apr 1992 [1993] Ch 72; [1992] 3 WLR 204; [1992] 3 All ER 436, Ch D

  04 Apr 1995 [1996] Ch 80; [1995] 3 WLR 367; [1995] 3 All ER 171; [1995] 2 FLR 387, CA

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 8.
  BANKRUPTCY — Property passing to trustee — Joint tenants
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Joint tenants — Husband and wife joint tenants of property — Bankruptcy of husband — Wife dying after act of bankruptcy but before adjudication order — Whether joint tenancy severed before wife's death — Bankruptcy Act 1914, ss 37, 38(a)

  5 Case(s) considered

  1 Statute considered
• Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd

  21 Dec 1995 [1996] Ch 286; [1996] 3 WLR 27; [1996] 3 All ER 934, CA

  21 May 1997 [1998] AC 1; [1997] 2 WLR 898; [1997] 3 All ER 297, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 36.
  SPECIFIC PERFORMANCE — Tenant's covenant — Covenant to carry on business
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  Case index catchwords

  SPECIFIC PERFORMANCE — Tenant's covenant — Covenant to carry on business — Premises to be kept open as supermarket — Breach of covenant by closure of supermarket and removal of fixtures and fittings — Whether covenant specifically enforceable

  4 Case(s) considered

• Brown & Root Technology Ltd v Sun Alliance and London Assurance Co Ltd

  16 Jun 1995 [1996] Ch 51; [1995] 3 WLR 558, Ch D (Paul Baker QC)

  19 Dec 1996 [2001] Ch 733; [2000] 2 WLR 566, CA

  Subsequent citations: 12.
  LANDLORD AND TENANT — Assignment of lease or underletting — When assignment taking effect
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  Case index catchwords

  LANDLORD AND TENANT — Assignment of lease or underletting — When assignment taking effect — Registered land — Transfer of lease from subsidiary to holding company never registered — Subsequent notice to terminate given by subsidiary — Whether assignment valid — Date to be ascribed to assignment — Whether subsidiary entitled to serve notice terminating lease — Land Registration Act 1925, s 22(1)

  8 Case(s) considered

  1 Statute considered

• First National Bank Plc v Thompson

  12 Jul 1995 [1996] Ch 231; [1996] 2 WLR 293; [1996] 1 All ER 140, CA

  Subsequent citations: 9.
  ESTOPPEL — Conduct, by — Legal charges
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  Case index catchwords

  ESTOPPEL — Conduct, by — Legal charges — Legal charge executed before grantor entitled to be registered as proprietor — No express representation of title in charge — Whether grantor estopped from disputing validity of charge after registration as proprietor — Whether charge registrable — Land Registration Act 1925, ss 25, 37

  1 Statute considered
• Tribe v Tribe

  26 Jul 1995 [1996] Ch 107; [1995] 3 WLR 913; [1995] 4 All ER 236; [1995] 2 FLR 966, CA

  Subsequent considerations : 1 positive. Subsequent citations: 18.
  EQUITY — Equitable interest — Illegality
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  Case index catchwords

  EQUITY — Equitable interest — Illegality — Father voluntarily transferring shares to son for no consideration for purpose of deceiving creditors — Illegal purpose not carried into effect — Son refusing to retransfer shares — Father claiming right to beneficial interest in shares — Whether father entitled to rebut presumption of advancement by showing intention to retain beneficial interest — Whether action for restitution maintainable at law or in equity

  5 Case(s) considered
• Halifax Mortgage Services Ltd v Stepsky

  16 Jun 1995 [1996] Ch 1; [1995] 3 WLR 701; [1995] 4 All ER 656, Ch D

  23 Nov 1995 [1996] Ch 207; [1996] 2 WLR 230; [1996] 2 All ER 277; [1996] 1 FLR 620, CA

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  SOLICITOR — Duty — Conflict of interest
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  Case index catchwords

  SOLICITOR — Duty — Conflict of interest — Solicitor acting for borrowers and lender in remortgage of matrimonial home — Purpose of loan stated to be purchase of shares in family business — Solicitor knowing husband's purpose to pay creditors — Solicitor's duty to inform lender of relevant matters — Whether knowledge coming to lender's solicitor “as such” — Whether true purpose of loan to be imputed to lender — Law of Property Act 1925, s 199

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Neptune (Vehicle Washing Equipment) Ltd v Fitzgerald

  10 Feb 1995 [1996] Ch 274; [1995] 3 WLR 108; [1995] 3 All ER 811; [1995] 1 BCLC 352; [1995] BCC 474; The Times, 2 March 1995, Ch D (Lightman J)

  Subsequent citations: 9.
  COMPANY — Director — Disclosure of interest
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  Case index catchwords

  COMPANY — Director — Disclosure of interest — Sole director resolving at meeting to terminate own contract of employment and authorise payment to himself — Minutes not recording declaration of interest by director — Whether “meeting of … directors” — Whether sole director required to make declaration of interest — Companies Act 1985, s 317

  1 Words & Phrases considered

  1 Statute considered