Results: 21

• Attorney General v Trustees of the British Museum (Commission for Looted Art in Europe intervening)

  27 May 2005 [2005] EWHC 1089 (Ch); [2005] Ch 397; [2005] 3 WLR 396, Ch D

  Subsequent citations: 8.
  CHARITY — Disposal of asset — Power
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  Case index catchwords

  CHARITY — Disposal of asset — Power — Museum's collection including looted objects — Heir of previous owner having moral claim to their return — Statutory prohibition on museum disposing of objects in collection — Whether Attorney General or court having power to authorise return — Whether trustees having power to ignore limitation defence to effect return — British Museum Act 1963, s 3(4) (as amended by Museums and Galleries Act 1992, s 11(2), Sch 8, Pt I, para 5(a))

  2 Case(s) considered

  1 Statute considered

• Harbour Estates Ltd v HSBC Bank plc

  15 Jul 2004 [2004] EWHC 1714 (Ch); [2005] Ch 194; [2005] 2 WLR 67; [2004] 3 All ER 1057, Ch D

  Subsequent citations: 3.
  LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment
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  Case index catchwords

  LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment — Break clause in lease entitling tenant to terminate lease on certain dates — Term in lease stipulating break clause personal to original lessee but providing for assignment of benefit to permitted assignee — Benefit of break clause not expressly assigned on assignment of lease — Whether assignee entitled to benefit of break clause — Whether benefit passing automatically — Whether benefit passing as right in property conveyed — Law of Property Act 1925, s 63(1)

  4 Case(s) considered

  1 Statute considered
• Shalson v Russo (Mimran, Part 20 claimants)

  11 Jul 2003 [2004] EWHC 1637 (Ch); [2005] Ch 281; [2005] 2 WLR 1213, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 27.
  TRUSTS — Constructive trust — Loan

  TRUSTS — Settlement — Sham
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  Case index catchwords

  TRUSTS — Constructive trust — Loan — Claimant fraudulently induced to loan money to defendant — Claimant bringing proceedings to trace money — Whether circumstances of loan giving rise to constructive trust — Whether issuing of proceedings amounting to implied rescission of loan contract — Whether tracing remedy available

  TRUSTS — Settlement — Sham — Settlor executing deed resettling trusts — Beneficiary under trust seeking to treat trust assets as his own — Settlor intending settlement to be genuine — Whether to be treated as sham

  6 Case(s) considered

• Hill v Transport for London

  16 May 2005 [2005] EWHC 856 (Ch); [2005] Ch 379; [2005] 3 WLR 471; [2005] 3 All ER 677, Ch D

  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Claimant occupying in adverse possession land belonging to council — Land becoming vested in Crown — Defendant acquiring land — Claimant asserting title to land — Whether right of action for recovery “first” accruing to Crown — Whether limitation period for recovery expired — Limitation Act 1980, Sch 1, Pt II, para 12

  1 Words & Phrases considered

  1 Statute considered

• R Griggs Group Ltd v Evans

  12 May 2004 [2004] EWHC 1088 (Ch); [2005] Ch 153; [2005] 2 WLR 513, Ch D (Peter Prescott QC)

  Subsequent citations: 8.
  CONFLICT OF LAWS — Jurisdiction — Copyright
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Copyright — First defendant designing logo for claimants under English contract — Implied term that copyright in logo to belong to claimants — First defendant purporting to sell legal title to copyright to foreign company — Foreign company having notice of facts giving rise to claimants' equitable ownership of copyright — Claimants seeking order requiring all copyrights to be assigned to them — Whether English court having jurisdiction to order assignment of foreign copyrights

  5 Case(s) considered

• Slamon v Planchon

  25 Jun 2004 [2004] EWCA Civ 799; [2005] Ch 142; [2005] 2 WLR 257; [2004] 4 All ER 407, CA

  Subsequent citations: 2.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Landlord legal and beneficial co-owner of family home — Premises converted into three flats — Freehold title transferred to landlord's mother holding on trust for landlord — Freehold title transferred back into landlord's sole name — Whether premises having resident landlord — Whether tenants entitled to enfranchisement — Leasehold Reform, Housing and Urban Development Act 1993, s 10 (as amended by Commonhold and Leasehold Reform Act 2002, ss 118, 180)

  1 Statute considered
• Daraydan Holdings Ltd v Solland International Ltd

  26 Mar 2004 [2004] EWHC 622 (Ch); [2005] Ch 119; [2004] 3 WLR 1106; [2005] 4 All ER 73, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 27.
  TRUSTS — Constructive trust — Bribe
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  Case index catchwords

  TRUSTS — Constructive trust — Bribe — First and second defendant companies contracted to refurbish claimants' properties — Fifth defendant acting for claimants in arranging contracts of refurbishment — Contract prices inflated by amount of commission secretly paid to fifth defendant — Claimants unaware of commission payments — Whether fifth defendant owing fiduciary duty to claimants — Whether payments held on constructive trust for claimants — Whether claimants entitled to restitution

  3 Case(s) considered

• Credit & Mercantile plc v Marks

  13 May 2004 [2004] EWCA Civ 568; [2005] Ch 81; [2004] 3 WLR 489, CA

  Subsequent citations: 3.
  MORTGAGE — Possession — Mortgagee's right to
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  Case index catchwords

  MORTGAGE — Possession — Mortgagee's right to — Mortgagee executing sub-charge — Mortgagor's default in repaying loan — Legal charge giving mortgagee right to possession in event of default — Whether existence of sub-charge divesting mortgagee of right to possession

  1 Case considered

• Long Acre Securities Ltd v Karet

  03 Mar 2004 [2004] EWHC 442 (Ch); [2005] Ch 61; [2004] 3 WLR 866; [2005] 4 All ER 413, Ch D

  Subsequent citations: 3.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Landlord's notice of disposal of reversionary interest in entire residential estate — Estate comprising four separate structures with appurtenant premises in common use — Whether disposal of interest in more than one “building” — Whether landlord required to sever transaction to serve different notices on each building — Validity of notice — Landlord and Tenant Act 1987, ss 1(2)(a), 5(3) (as substituted by Housing Act 1996, s 92(1), Sch 6, Pt I)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Gascoyne v Customs and Excise Comrs

  21 Feb 2003 [2003] EWHC 257 (Ch); [2003] Ch 292; [2003] 2 WLR 1311; The Times, 28 March 2003, Ch D (Neuberger J)

  28 Jul 2004 [2004] EWCA Civ 1162; [2003] Ch 215; [2005] Ch 215; [2005] 2 WLR 222, CA (Brooke, Buxton and Carnwath LJJ)

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 7.
  HUMAN RIGHTS — Right to fair trial — Determination of civil rights and obligations

  REVENUE — Customs and Excise — Importation of dutiable goods
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  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Determination of civil rights and obligations — Customs commissioners forfeiting vehicle used to carry excise goods on which duty not paid — Commissioners refusing to restore vehicle — Appeal from commissioners' decision as to restoration limited to review — Whether appeal procedure lawful — Whether infringing Convention right to fair trial — Finance Act 1994, s 16(4) — Human Rights Act 1998, Sch 1, Pt I, art 6

  REVENUE — Customs and Excise — Importation of dutiable goods — Forfeiture of vehicle used to carry goods on which duty not paid — Owner of vehicle seeking return of vehicle by letter — Commissioners refusing to restore vehicle — Appeal from commissioners' decision limited to review — Whether letter constituting notice of claim or application for restoration — Whether forfeiture valid — Customs and Excise Management Act 1979, s 152, Sch 3, para 3

  3 Case(s) considered

  3 Statutes considered