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Case Law Buzz Words > Cash Law Buzz Words > Flashcards

Cash Law Buzz Words Flashcards

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1
Q

Expert Witness are not allowed to have incentivised fees

A

Gardiner & Theobald V Jackson 2018

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2
Q

Gardiner & Theobald V Jackson 2018

A

Expert Witness are not allowed to have incentivised fees

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3
Q

Expert Witness can be sued for negligence

A

Jones v Kaney 2011

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4
Q

Jones v Kaney 2011

A

Expert Witness can be sued for negligence

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5
Q

Rights of light

A

HKRUK VS Heaney 2011

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6
Q

HKRUK VS Heaney 2011

A

Rights of light

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7
Q

Time is not usually of the Essence

A

United Scientific Holdings Ltd v Burnley Borough Council 1997

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8
Q

United Scientific Holdings Ltd v Burnley Borough Council 1997

A

Time is not usually of the Essence

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9
Q

British Gas V Universities Superannuation Scheme 1986

A

Hypothetical lease would contain rent reviews in line with the actual lease in the absence of wording.

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10
Q

Hypothetical lease would contain rent reviews in line with the actual lease in the absence of wording.

A

British Gas V Universities Superannuation Scheme 1986

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11
Q

Basingstoke Borough Council v Host Group 1987

A

The notional term of lease, if silent assume residue of lease

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12
Q

The notional term of lease, if silent assume residue of lease

A

Basingstoke Borough Council v Host Group 1987

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13
Q

Canary Wharf Investments v Telegraph Ltd 2003

A

Wording is key when determining the hypothetical term. No commencement date, so the term ran from the RR date.

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14
Q

Wording is key when determining the hypothetical term. No commencement date, so the term ran from the RR date.

A

Canary Wharf Investments v Telegraph Ltd 2003

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15
Q

Bello v Ideal View 2008

A

Time was not of the essence and landlord could trigger rent review 13 years later.

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16
Q

Time was not of the essence and landlord could trigger rent review 13 years later.

A

Bello v Ideal View 2008

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17
Q

Calderbank vs Calderbank 1975

A

Without Prejudice save as to costs. Tools for influencing costs.

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18
Q

Without Prejudice save as to costs. Tools for influencing costs.

A

Calderbank vs Calderbank 1975

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19
Q

Level Properties V Balls Brother Ltd 2007

A

A rare example of an Independent Experts Determination of a rent review not being binding, as decision was based off incorrect interpretation of a rent review clause.

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20
Q

A rare example of an Independent Experts Determination of a rent review not being binding, as decision was based off incorrect interpretation of a rent review clause.

A

Level Properties V Balls Brother Ltd 2007

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21
Q

Esselte AB v Pearl Assurance 1997

A

If a tenant moves out prior to the lease expiry date no notice needs to be served

22
Q

If a tenant moves out prior to the lease expiry date no notice needs to be served

A

Esselte AB v Pearl Assurance 1997

23
Q

S. Franses Ltd v The Cavendish Hotel Ltd 2017

A

The landlord has to prove a firm a settled intention to carry out works in order to refuse a new tenancy under Section 30 Grounds F of LTA 1954

24
Q

The landlord has to prove a firm a settled intention to carry out works in order to refuse a new tenancy under Section 30 Grounds F of LTA 1954

A

S. Franses Ltd v The Cavendish Hotel Ltd 2017

25
Q

Vivienne Westwood v Couduit Street Developments 2017

A

This decision provides further guidance on the application of the rule against penalties and confirms that an agreement and side letter may be considered together when considering whether a penalty has been applied.

26
Q

This decision provides further guidance on the application of the rule against penalties and confirms that an agreement and side letter may be considered together when considering whether a penalty has been applied.

A

Vivienne Westwood v Couduit Street Developments 2017

27
Q

Betty’s Cafes Ltd v Phillips Furnishing Stores (1959)

A

Facts underlying grounds A to C of Section 30 of the LTA 1954 will need to be established at the date of the hearing and statements must be honest and truthful.

28
Q

Associated British Ports v Humber Oil Terminal Trustees 2012

A

The landlord did not have to renew the lease, they could prove intention to occupy under ground F of Section 30 of the LTA 1954.

29
Q

Betty’s Cafes Ltd v Phillips Furnishing Stores (1959)

A

Facts underlying grounds A to C of Section 30 of the LTA 1954 will need to be established at the date of the hearing and statements must be honest and truthful.

30
Q

The landlord did not have to renew the lease, they could prove intention to occupy under ground F of Section 30 of the LTA 1954.

A

Associated British Ports v Humber Oil Terminal Trustees 2012

31
Q

O’May v City of London Real Property Co 1982

A

4 Principles Test for Modern Lease:

  1. Landlord must have valid reason on estate management grounds
  2. Change compensated by change in rent
  3. Must not materially adversely affect tenants security of tenure
  4. Must be reasonable

Modern changes to reflect AGA’s or VAT

32
Q

4 Principles Test for Modern Lease:

  1. Landlord must have valid reason on estate management grounds
  2. Change compensated by change in rent
  3. Must materially adversely affect tenants security of tenure
  4. Must be reasonable

Modern changes to reflect AGA’s or VAT

A

O’May v City of London Real Property Co 1982

33
Q

Hedley Byrne vs Heller & Partners 1964

A

Relates to negligent statement and a test of reasonableness:

  1. Foreseeability
  2. Proximity
  3. Fairness
34
Q

Relates to negligent statement and a test of reasonableness:

  1. Foreseeability
  2. Proximity
  3. Fairness
A

Hedley Byrne vs Heller & Partners 1964

35
Q

Lotus & Delta V Culverwell & Leicester City Council 1976

A

Set out 6 propositions for considering/weighting rental evidence.

  1. If hereditament let, then rent taken as starting point.
  2. Time, subject matter and conditions important.
  3. Similar Property to be looked at.
  4. Other comparable property also to be looked at.
  5. Opinion formed from all the evidence.
  6. If no comparable evidence available, subjects rent is very hard to reject.
36
Q

Set out 6 propositions for considering/weighting rental evidence.

  1. If hereditament let, then rent taken as starting point.
  2. Time, subject matter and conditions important.
  3. Similar Property to be looked at.
  4. Other comparable property also to be looked at.
  5. Opinion formed from all the evidence.
  6. If no comparable evidence available, subjects rent is very hard to reject.
A

Lotus & Delta V Culverwell & Leicester City Council 1976

37
Q

Makro Properties Ltd vs Nuneaton & Bedworth Borough Council 2012

A

Empty property rates, even small amount of occupation in regards to floor space counts as occupation and empty rates relief apply again if occupied for 6 weeks or more.

38
Q

Empty property rates, even small amount of occupation in regards to floor space counts as occupation and empty rates relief apply again if occupied for 6 weeks or more.

A

Makro Properties Ltd vs Nuneaton & Bedworth Borough Council 2012

39
Q

Newbigin v SJ Monk 2015

A

Properties undergoing refurbishment of redevelopment should be exempt from business rates whilst accommodation is unusable.

40
Q

Properties undergoing refurbishment of redevelopment should be exempt from business rates whilst accommodation is unusable.

A

Newbigin v SJ Monk 2015

41
Q

Woolway v Mazars 2015

A

There must be continuity between floors or property for there to be one assessment. Common area and lifts do not pass the continuity test.

42
Q

There must be continuity between floors or property for there to be one assessment. Common area and lifts do not pass the continuity test.

A

Woolway v Mazars 2015

43
Q

Wallshire v Aarons (1989)

A

Why rent reviews are second best to open market lettings second best as rent reviews are negotiated between valuers, bases on a negotiated settlement, not open market decisions.

44
Q

Why rent reviews are second best to open market lettings second best as rent reviews are negotiated between valuers, bases on a negotiated settlement, not open market decisions.

A

Wallshire v Aarons (1989)

45
Q

J Laing & Son V Kingswood AC (1949)

A

Definition of being in ‘Rateable Occupation of a Hereditament’

46
Q

Definition of being in ‘Rateable Occupation of a Hereditament’

A

J Laing & Son V Kingswood AC (1949)

47
Q

Singer & Friedlinger vs JD Wood 1977

A

Margin of error is narrower for straightforward valuations and wider for more complex

48
Q

Margin of error is narrower for straightforward valuations and wider for more complex

A

Singer & Friedlinger vs JD Wood 1977

49
Q

KS Lincoln vs CB Richard Ellis 2010

A

Sets out margins of error, 5% for standard residential, 10% for one off commercial property and 15% for unique property.

50
Q

Sets out margins of error, 5% for standard residential, 10% for one off commercial property and 15% for unique property.

A

KS Lincoln vs CB Richard Ellis 2010

Case Law Buzz Words (1 decks)

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