CASES
June 1, 2004
Highways & Rights of Way, Real Estate
Sweet v Sommer & Neanor [2004] 4 All ER 288 cited in Gale on Easements (1st Supp 17th ed.)
Existence and scope of rights of way arising by necessity.
CASES
June 1, 2004
Personal Injury
Blake v Galloway
Richard acted for the defendant in a claim by a teenager who had suffered injury during “play” in which pieces of bark were being thrown by the participants.
CASES
June 1, 2004
Landlord & Tenant, Real Estate
Cardwell v Walker [2003] EWHC 3117 (Neuburger J)
Established a positive obligation on a landlord to maintain an electricity supply to holiday chalet occupiers.
CASES
June 1, 2004
Highways & Rights of Way, Public & Administrative Law, Real Estate
Bakewell Management v Brandwood & Ors [2004] 2 ALL ER 305 (HL)
Whether a prescriptive right of way would be acquired by criminal acts contrary to s.193(6) Law of Property Act 1925.
CASES
June 1, 2004
Licensing
London Borough of Haringey/Liverpool City Council v Marks and Spencer PLC/Somerfield Stores Ltd [2004] EWHC 1141 (QBD)
The owner of the business did not sell alcohol for the purposes of the Licensing Act 1964 (as amended) and could not be criminally liable for under-age sales made by staff at the premises.
CASES
June 1, 2004
Construction & Engineering
Mowlem plc v Bath & North East Somerset Council [2004] EWCA Civ 115
Interlocutory injunction in respect of the high-profile Bath Spa dispute, AK (as solicitor) acting for Mowlem throughout.
CASES
June 1, 2003
Proprietary Estoppel, Real Estate
Gonthier v Orange Contract Scaffolding Ltd [2003] EWCA Civ 873 cited in Emmett on Title
Estoppels arising from subject to contract negotiations and the clean hand defence.
CASES
June 1, 2003
Family & Divorce
Re A (care proceedings, asylum seekers, Article 8) [2003] 2 FLR 921 FD
Care – immigration – family subject to removal directions. Father implied he might kill himself and children. Assessments found no real risk to children. Parents supporting continuation of care proceedings – whether proceedings to continue.
CASES
June 1, 2003
Administrative Law, Planning
R. (Gloucestershire CC) v Keyway (Gloucester) Ltd [2003] EWHC 3012 Admin
Guidance given on what amounted to proper service of notices, including summonses, under s329 TCPA and s233 Local Government Act 1972.
CASES
June 11, 2002
Real Estate
Southward v Banham [2002] BPIR 1253
Set-offs for rent in partnership actions for an account.