Archive for June 2005
The Appellant lender sought to recover a shortfall plus interest over 12 years after the property had been sold. The Respondent alleged the claim was time barred under section 20 Limitation Act 1980. The House of Lords held that section 20 did apply and the claim was time barred.
The CA dismissed D’s appeal against possession on the basis that (1) C had title to sue as it was registered proprietor of the legal charge (2) whilst the power to vary interest rates was subject to an implied term that it would not be exercised improperly or capriciously this did not prevent a lender raising interest rates for genuine commercial reasons and (3) there was no evidence that securitisation arrangements were in place which had the effect of qualifying C’s power to vary interest rates by imposing a minimum rate.
The CA dismissed an appeal by D against a decision that C had obtained adverse possession of land and that D was not entitled to the paper title of the land as it had been registered by D’s predecessors in title by misleading evidence. D had not been able to produce evidence to contradict this finding.
The court held that the Respondent’s extractor fan trespassed over the Appellant’s land. The fan protruded through the side wall of the Respondent’s property and overhung the Appellant’s yard. This amounted to an interference with the Respondent’s airspace and was a trespass.
The assignee of a tenancy was entitled to recover compensation for loss of profit where the landlord had installed road humps which has caused the tenant company to suffer loss. The tenant company had significant other debts and damages would be awarded on the basis that it had been deprived of a chance of avoiding liquidation and forfeiture. The Claimant was awarded 30% of future profits with damages reduced to allow for taxation.
An order was made rectifying the land register to record C’s rights under an option provision in a deed of novation which was held to give rise to an enforceable estate contract as the ultimate purchaser of the land had at all material times understood that another party was entitled to an option.