Case Law Flashcards
Hypothetical Term
- Norwich Union Life Insurance Society v TSB (1986)
- The Ritz Hotel (London) Ltd v Ritz Casino Ltd (1989)
- Lynnthorpe Enterprises v Sidney Smith Ltd (1990)
- Canary Wharf v Telegraph Group Ltd (2003)
Time of the essence
- United Scientific Holdings v Burnley Borough Council (1978) provides presumption that time is not of the essence unless there are sufficient pointers showing otherwise
- Bello v Ideal View (2008) related to a lease where the landlord had not initiated the rent review for 13 years. Court held time was not of the essence and the rent review could proceed
Post rent review date evidence
- Segama v Penny Le Roy Ltd (1984)
Calderbank offer
Calderbank v Calderbank 1975
Negligence
- Yianni v Edwin Evans (1981) resi valuer instructed by a mortgagor lending institution could owe a duty of care in tort to a mortgagee purchaser relying on a valuation
Japanese Knotweed
Williams v Network Rail Infrastructure Ltd 2018
Margin of error
- Singer & Friedlander Ltd v J. D. Wood (1977) held the margin of error can be varied. Smaller for straightforward cases and wider for a complex case
Margin of error
- Singer & Friedlander Ltd v J. D. Wood (1977)
- Dunfermline Building Society v CBRE (2017) assumed acceptable margin as +/-15%
Rights to light
- HKRUK II (CHC) Ltd v Heaney (2011)
Valuation of ransom strips
- Stokes v Cambridge (1961) when a value of one third of the uplift in value was awarded to the owner of the ransom strip
Difference between lease and licence
Street v Mountford (1985) – sets out differentiation between a lease and licence
Lease renewal cases
Dukeminster Ltd v West End Investments (Cowell Group) Ltd (2018)
* Case concerning the workings of the L&T Act 1954 – County court judgement
* Defective s.25 notice
* Court described the tenant expert witness evidence as ‘impressionism close to pure guesswork’ and preferred landlord valuers approach, reliant on comparable evidence.
Importance of maintaining credibility and adhering to guidance for expert witnesses
Terms of a new lease (inside the Act renewal)
O’May v City of London Real Property Co (1982)
Court of Appeal decision setting out principles of one-party changing lease terms at a renewal
* Any departure from current terms must be fair and reasonable
* Burden of persuading the court to change the terms is on the party proposing the change
Misrepresentation Act 1967
- Disclaimer clauses may be effective in protecting the vendor and their agent if fair & reasonable
- Case: Hedley Byrne & Co Ltd v Heller & Partners (1964)
Agency instruction agreements
- Wells v Devani (2019), supreme court held a ‘sketchy oral agreement’ between a resi sales agent and a client was legally binding, interpreted in context and taking both parties behaviour into account
