CASES
June 1, 2008
Highways & Rights of Way, Public & Administrative Law, Real Estate
Odey v Barber [2008] Ch 175 (Siller J)
CASES
June 1, 2008
Planning
R. (North Devon District Council) v Secretary of State for Business Enterprise and Regulatory Reform [2008] EWHC 1700 Admin
Proper approach by SoS and Inspector to the application of policy in the context of noise and wind turbines; whether SoS properly applied policies on noise and on targets in respect of wind turbines; whether he
CASES
June 1, 2008
Real Estate
Looe Fuels v Looe Harbour Commissioners [2008] All ER(D) 305 CA
A decision of the Court of Appeal over the creation of a business tenancy.
CASES
June 1, 2007
Real Estate
Sanders and another v Buckley [2006] EWHC 3216 (Ch), [2006] All ER (D) 307 (Dec)
Acted in dispute between co-habitees as to whether informal declaration of trust obtained by undue influence.
CASES
June 1, 2007
Real Estate
Cawsand Fort Management Co Ltd v Stafford and ors [2007] 1 EGLR 85 (2007) L&TR 13 (Lands Tribunal); [2008] 1 WLR 371, (2007) 48 EG 145, [2007] NPC 124, [2007] All ER (D) 296 (Court of Appeal)
Acted for management company of block of flats in dispute with residents as to the effectiveness of an order appointing a manager.
CASES
June 1, 2007
Personal Injury
Verlander v Devon Waste Management [2007] EWCA Civ 835
Resolution of liability by reference to the burden of proof, in circumstances where the evidence was insufficiently clear to justify findings of fact either way.
CASES
June 1, 2007
Personal Injury
Welsh v Stokes [2007] EWCA Civ 796 Court of Appeal
Richard acted for the claimant in a claim under s. 2(2) of the Animals Act 1971 arising from an equine accident.
CASES
June 1, 2007
Commercial, Commercial Dispute Resolution
Hough v Annear [2007] 119 Con LR 57 County Court
Whether breach of Party Walls Act 1996 gives rise to an action for breach of statutory duty.
CASES
June 1, 2007
Licensing, Public & Administrative Law
Hereford County Council v Bostwick [2007] LR 729
The DPS was not criminally liable for under-age sales of alcohol made by his staff when he was not present at the premises. Despite his supervisory role no vicarious liability arose for sales made when he
CASES
June 1, 2007
Licensing
Carmarthenshire County Council v Cooperative Group (CWS) Ltd & Tesco Stores [2007] LR 624
The company owning the alcohol and holding the premises licence can be liable for under-age sales of alcohol, but DPS and personal licence holders cannot be liable for the acts of others.
CASES
June 1, 2007
Construction & Engineering
Williams (t/a Sanclair Construction) v Noor (t/a India Kitchen) [2007] EWHC 3467 (TCC)
Part 24 enforcement of an Adjudicator’s decision, contested on numerous grounds.