Archive for December 2007
James v Thomas [2007] EWCA Civ 1212 (23 November 2007)
There was insufficient evidence that assurances which had been made by one person to another whilst they were living together for a period of 15 years were intended or understood to to create a promise of an interest in the property. Thus no constructive trust or proprietary estoppel arose.
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Banfield & Anor v Leeds Building Society [2007] EWCA Civ 1369 (19 December 2007)
The Appellant mortgagors failed in their appeal against an order for possession made in favour of the Respondent mortgagee as the judge had been entitled to order possession and currently applied the principle that a person who had the benefit of a mortgage guarantee was not obliged to account to the mortgagor.
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Eyestorm Ltd v Hoptonacre Homes Ltd [2007] EWCA Civ 1366 (19 December 2007)
The Appeal against the decision not to award damages for breach of contract and return of a deposit paid to the Respondent developers was unsuccessful as there was no identifiable legal basis for asserting the Respondent to be in breach of contract and even if it were, it had not caused any loss.
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Ravengate Estates Ltd v Horizon Housing Group Ltd & Ors [2007] EWCA Civ 1368 (19 December 2007)
The Appellant failed in its appeal against a decision awarding damages for breach of a tenant’s repairing obligation. The Judge was correct in finding that, where the premises were ripe for redevelopment, that the amount of the diminution in the value of the reversion due to lack of repair was less than the cost of repairs.
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Green & Anorv London Borough of Croydon [2007] EWCA Civ 1367 (19 December 2007)
The Appellants failed in their appeal against a decision appealing the Respondent Council which had found them intentionally homeless. It was not incumbent on the Council to make enquiries going behind the decision of the court which made the possession order.
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Nelson v Greening & Sykes (Builders) Ltd [2007] EWCA Civ 1358 (18 December 2007)
The Appellants unsuccessfully appealed against a decision the making of a charging order as in the circumstances a person had the interest as a trustee required for a charging order. The Second Appellant unsuccessfully appealed against a non-party costs order as the court was found to have the power to order a non-party to pay costs that had already been assessed.
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Of orthopaedic footwear and possession orders
Not a particularly significant case, but not one you see every day either. Nuisance by adverts for wigs, orthopaedic footwear, and dating agencies.
Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 was an appeal of an outright possession order on an assured tenancy. The possession order was made on the basis of Ground [...]
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Human Rights and Possession Claims – looking for the exception
The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 is a way-station [...]
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Proprietary Estoppel yet again
Blimey, who declared this Estoppel month? The latest is Powell & Anor v Benney [2007] EWCA Civ 1283. Although the case itself is not that interesting, the judgment is worth a look as it gives a clear overview of the Court of Appeal’s current thinking in this area. The only judgment is by Sir Peter [...]
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Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 (12 December 2007)
Since section 4 of the Caravan Sites Act 1968 had been amended it would only be in truly exceptional cases that a public law defence to a claim for possession of a caravan pitch on a caravan site would succeed.
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