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Limitation Act – two new cases to note
3M United Kingdom plc and 3M UK Holdings plc v Linklaters & Paines [2005] EWHC 1382 (Ch) (1 July 2005)
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Bryant and another v Macklin and another [2005] EWCA Civ 762 (23 June 2005)
In considering the measure of damages, the Court took into account the reasonable steps a party would take to remedy the damage. The question was diminution in value or cost of reinstatement and repair.
The background
The claimants, Mr & Mrs..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Rickman and another v Brudenell-Bruce, Earl of Cardigan and Ford High Court (ChD), 27 June 2005 (unreported)
Our final case in this section considers the approach to the interpretation of covenants and the extent to which the requirement of reasonableness will be implied. The case was the trial of a preliminary issue.
The background
The claimants, Mr &..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
New law rules and regulations
Disability Discrimination Act 2005
In (2005) 19 Commercial Leases 1018 we highlighted that the Disability Discrimination Act 2005 (DDA 1995) had received Royal Assent.
The Disability Discrimination Act 2005 (Commencement No 1) Order 2005 (SI 2005 No..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Hughes & Woods v Riley and another Court of Appeal, 4 July 2005 (unreported)
Our next case is another Court of Appeal decision. The Court was required to determine whether a claimant had established that the use of a village property as a post office and shop constituted a nuisance.
The background
The appellant (H&W) was..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Judge corrects mistake in lease by construction of the words
Littman (Collette Celine) and another v Aspen Oil (Broking) Ltd [2005] EWHC 1369 (Ch) (1 July 2005)
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Tenant’s claim against landlord succeeds – new ground on assessment of damages
Scottish Widows & Life Assurance Society plc v Stewart (Ricci) High Court QB, 22 June 2005 (unreported)
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Abandoned vehicles and what to do with them
Lambeth Borough Council v Cumberbatch (Shirlun) Court of Appeal, 11 July 2005 (unreported)
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
A mixed-use scheme might be a house
Hareford Ltd v Barnet London Borough Council [2005] 23 EG 140 (CS)
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
VAT – inducements to tenants
Change in practice
A couple of years ago the European Court of Justice heard cases concerning the VAT treatment of inducements paid to or by tenants to encourage transactions. The cases were Trinity Mirror plc v Customs & Excise Commission (Case..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
West Bromwich Building Society v Wilkinson and another [2005] UKHL 44 (30 June 2005)
This second case concerns the limitation period in respect of a mortgage advance on property where the lender exercised the right of sale and then sued to recover a shortfall.
The background
In the late 1980s the defendants, Mr & Mrs Wilkinson..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005
Trespass and nuisance – the modern approach
Laiqat v Majid and others [2005] EWHC 1305 (QB); [2005] 26 EG 130 (CS) (22 June 2005)
Trespass and nuisance issues between neighbours have featured in recent cases. We highlight four of them for readers to illustrate the courts’ modern..
Online Published Date:
01 August 2005
Appeared in issue:
Volume 19 Issue 8 - 01 August 2005