Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354
“The words ‘that person’ in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time.”
WLR Daily, 4th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189
“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”
WLR Daily, 17th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183
“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”
WLR Daily, 12th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“When a liquidator disclaimed a lease, that did not determine any liability under the lease of the original lessee or of the guarantor in relation to leases or assignments of the leases executed after the Landlord and Tenant (Covenants) Act 1995 had come into force on January 1, 1996, although the liability of the insolvent assignee company had ceased after the disclaimer.”
The Times, 22nd April 2009
Source: www.timesonline.co.uk
Hatzl and Another v XL Insurance Co Ltd
Court of Appeal
“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”
The Times, 16th April 2009
Source: www.timesonline.co.uk
Doleman v Shaw [2009] EWCA Civ 283; [2009] WLR (D) 115
“On a true construction of s 178(4) of the Insolvency Act 1986, on the disclaimer of a lease by a liquidator, although the company ceased to be bound by the tenant covenants so far as its own obligations were concerned, it was treated as still bound so far as third party obligations were concerned.”
WLR Daily, 1st April 2009
source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99
“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”
WLR Daily, 19th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
Landlord Protect Ltd v St Anselm Development Co Ltd; [2009] WLR (D) 72
“Where the landlord’s consent was required to an assignment of a lease, the landlord could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”
WLR Daily, 27th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Landlord Protect Ltd v St Anselm Development Co Ltd
Court of Appeal
“Where the head landlord’s consent was required to an assignment of a lease, he could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”
The Times, 2nd March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
“Companies which sign over the management of properties they rent without telling their landlord might be in breach of their leases after the High Court ruled in a landlord’s favour in a dispute.”
OUT-LAW.com, 2nd February 2009
Source: www.out-law.com
Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22
“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”
WLR Daily, 26th January 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343
“The contractual right of rescission under condition 8.3.3 of the Standard Conditions of Sale had to be exercised promptly, which meant by the contractual completion date, or possibly, within a day or two thereafter.”
WLR Daily, 6th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Scottish and Newcastle plc v Raguz
House of Lords
“Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them.”
The Times, 3rd November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Scottish & Newcastle plc v Raguz [2008] UKHL 65; [2008] WLR (D) 335
“Landlords were not required to serve notices under s 17 of the Landlord and Tenant (Covenants) Act 1995 in respect of rent increases that would become retrospectively payable when rent reviews were completed. Such increases were ‘now due’ within the meaning of s 17.”
WLR Daily, 30th October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”
WLR Daily, 1st August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Midlands Co-Operative Society Ltd v Revenue and Customs Commissioners
Court of Appeal
“A taxable person was entitled to assign to another any benefit of repayment he enjoyed from the overpayment of value-added tax.”
The Times, 22nd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
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