Too much earth against the side of a wall can amount to a nuisance
The High Court was asked whether a mandatory injunction requiring the hotel to permanently reduce the height of the earth on its side of the wall was justified, or whether damages
Share forfeiture for unpaid debts unrelated to the shares themselves
The High Court ruled on the legality of share forfeiture for unpaid debts owed by a shareholder but unrelated to the shares themselves. Background: This is an appeal against an
The right to buy can be satisfied even by the limited occupation of the property
The Court of Appeal (CoA) gave clarity on what constitutes ‘tenant condition’ in the right to buy (RTB). Background: On 4 November 2002, the Council granted Rabbi Weintraub and
UK courts cannot wind up a Luxembourg-based sub-fund
The High Court was asked whether entities other than companies and associations could be considered ‘unregistered companies’ under Section 220(1) of the Insolvency Act (IA) 1986
Returning a deposit – ensure that the contractual terms are on your side
The High Court was asked to address a complex property contract dispute including the return of a deposit in a property development agreement (PDA). Background: On the 21st of
Challenging a monetary penalty notice imposed by the Information Commissioner’s Office
The Court of Appeal (CoA) was asked to clarify the approach to penalty appeals under the Data Protection Act (DPA) 2018 and where the burden of proof lies. Background: Doorstep
Who is deemed a ‘landlord’ under the right to manage provisions?
The Court of Appeal (CoA) heard a case regarding the right to manage, as defined in the Commonhold and Leasehold Reform Act (CLRA) 2002. Background: The appellant, 159-167
A sole director can take a decision if the Model Articles were not modified
The High Court was faced with the question of whether a company which had adopted the Model Articles without modification was able to operate with a sole
Quantifying damages for trespass
The High Court had to assess whether a tenant was entitled to damages for trespass and quantify them. Background: Restaurant EC3 Ltd. was the commercial tenant of the premises
Challenging an improper dilution of a company’s shareholding
The Judicial Committee of the Privy Council held that a shareholder had a valid claim against a company following an improper allotment of shares. Background: There has been a