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Recent Decisions
Piper Land Development (Solihull) Ltd v Rhondda Cynon Taf County Borough Council & Jones [2011] EWHC 3591 (Ch): Vivian Chapman QC acted for the claimant in successfully defeating an application by one of the defendants for summary judgment. The legal issue was whether the court would impose a time limit on making a claim under Commons Registration Act 1965 s. 14(b) although none appears in the section. The court held that it could not do so.
R (Barkas) v North Yorkshire County Council [2011] EWHC 3653 (Admin): the Administrative Court upheld the report and recommendation of Vivian Chapman QC sitting as an inspector at a village green inquiry on a tricky point of prescription law, i.e. when will a landowner be able to defeat an application to register a new green on the ground that the public had a legal right of access to the land, with the result that public use was not "as of right" but "by right"?
Clark v World Wildlife Fund and others [2011] WTLR 961 (Ch D - Master Moncaster) Forum non conveniens - John Smart appeared in an application for stay of probate claim on grounds that Alabama Court was most appropriate forum.
Llewellyn v Lorey [2011] EWCA Civ 37 (prescriptive easements; damages for trespass). Vivian Chapman QC and Edward Hewitt represented the successful appellants in this appeal against the finding of two prescriptive rights of way over their land and the calculation of damages for trespass. The decision confirms that an interruption in user for a period of 5 years will ordinarily be fatal to a claim for a prescriptive easement and that time will not run for prescription purposes when the servient tenement is tenanted unless there is some evidence that the freeholder knew of the user and acquiesced to it.
Coke-Wallis v Institute of Chartered Accountants in England and Wales - [2011] UKSC 1 - The outcome of the Supreme Court's first judgment of 2011 is that the appellant (represented by Joseph Curl of 9 Stone Buildings) has succeeded in reversing the decisions of the Court of Appeal and the High Court. This decision confirms that the principles of res judicata apply to professional disciplinary proceedings.
Close v Wilson [2011] EWCA Civ 5 (gambling, wagering, restitution, void contract, agency) - Rory Brown acted pro bono for the successful appellant. The Court of Appeal held that, although an agreement pursuant to which R bet as A’s agent using A’s money was void under the Gambling Laws, if R misappropriated A’s money for his own purposes, A was entitled to recover it under the ordinary principles of restitution.
Revenue and Customs Commissioners v Banerjee (No 1) [2010] STC 2318 (Deductions for employee income tax)
Kotonou v Secretary of State (Norris J.) [2010] EWHC 19 (Ch) - An appeal against a directors disqualification order.
William Old International -v- Arya [2009] 2 P&CR 20 - Derogation from grant; Easements; Electricity supply; Servient tenement; Wayleaves
Heronsea (Mill Hill) Limited v. Kwik-Fit Properties Limited [2009] All ER (D) 75 (Mar). (2009) Env LR. [2009] PLSCS 65 (Queen's Bench Division. Construction of landlord's right to enter demised premises for the purposes of carrying out a survey. Whether landlord entitled to enter to carry out an environmental survey
Bhatt v Bhatt [2009] STC 1540 (rescission of deed of variation and declaration of trust for mistake)
Parkinson Engineering Limited v Yeldon & Swan [2009] EWCA 1366 Civ 13 January 2010 Court of Appeal (amendment of substitute liquidator as claimant in place of company after expiry of limitation period)
Relfo Limited v Varsani Jules Sher QC [2009] EWHC 2297 (Ch) (service on Defendant at last usual address; where resident; res judicata)
Oxford Pharmaceuticals Limited; Wilson v Masters [2009] 2 BCLC 485. Mark Cawson QC. (Preference and misfeasance claims brought by liquidator)
Gresham International Limited v Moonie [2009] 2 BCLC 256 Peter Smith J (retrospective sanction to liquidator to continue proceedings)
Harbour Estates Ltd v. Charania [2009] EWCA Civ 1123 - (Court of Appeal decision on the recovery of commission by estate agents in light of the decision in Foxtons Ltd v. Pelkey Bicknell)
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