Archive for September 2005
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Circle 33 Housing Trust Ltd. v Ellis [2005] EWCA Civ 1233 (23 September 2005)
The Claimant landlord successfully appealed against an order setting aside its executed warrant of possession which allowed the Defendant tenant to re-enter. The CA held that the jurisdiction to intervene after eviction had to be based on principle and the tenant had to show an abuse of process or oppression which was absent in the present case.
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Simpson v Simpson & Anr, Ch D, Moss QC, 21/9/05
On the evidence a disputed property was held on trust for C. The Court found that the property had been acquired by the Second D, a company, on the basis of an agreement with C’s father that it would hold the property for C’s father or possibly for him and his family.
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