Estates in UK Law

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Leading Cases
  • Pimms Ltd v Tallow Chandlers Company
    • Court of Appeal
    • 13 March 1964

    Further, it is not necessary for the landlords to prove that the conclusions which led then to refuse consent were justified, if they were conclusions which might be reached by a reasonable man in the circumstances; see Shanly v. Ward (supra); Premier Confectionary (London) ( Company v. London Commercial Sale Rooms Limited 1933 Chancery Division, page 904 at pages 912 and 913) per Mr Justice Bennett; Town Investments Limited Underlease (supra) at page 315.

  • Strick v Regent Oil Company Ltd ; Regent Oil Company Ltd v Commissioners of Inland Revenue
    • House of Lords
    • 27 July 1965

    This is so though the trader may desire to acquire the property for the purpose of providing himself with circulating capital by mining operations on the property acquired even if he is intending to acquire the property only for a short time, see Knight v. Calder Grove Estates 35 T.C. 447.

  • Jones v Wrotham Park Settled Estates
    • House of Lords
    • 13 December 1978

    First, it was possible to determine from a consideration of the provisions of the Act read as a whole precisely what the mischief was that it was the purpose of the Act to remedy; secondly, it was apparent that the draftsman and Parliament had by inadvertence overlooked, and so omitted to deal with, an eventuality that required to be dealt with if the purpose of the Act was to be achieved; and thirdly, it was possible to state with certainty what were the additional words that would have been inserted by the draftsman and approved by Parliament had their attention been drawn to the omission before the Bill passed into law.

  • Hosebay Ltd v Day and another
    • Supreme Court
    • 10 October 2012

    As will be apparent from my earlier analysis of Tandon, I cannot agree that Lord Roskill regarded "external and internal physical character and appearance" as the determining factors. I agree with the Master of the Rolls that the terms of the lease as such should not have been treated as the major factor.

  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 December 1940

    The general presumption is that the parties have expressed every material term which they intended should govern their agreement, whether oral or in writing. But it is well recognised that there may be cases where obviously some term must be implied if the intention of the parties is not to be defeated, some term of which it can be predicated that "it goes without saying", some term not expressed but necessary to give to the transaction such business efficacy as the parties must have intended.

  • Pyx Grainite Company Ltd v Ministry of Housing and Local Government
    • House of Lords
    • 06 July 1959

    It is a principle not by any means to be whittled down that the subject's recourse to Her Majesty's courts for the determination of his rights is not to be excluded except by clear words. That is, as Mr. Justice McNair called it in Francis v. Yiewsley and West Drayton Urban District Council [1957] 2 Q.B. 136, a "fundamental rule" from which I would not for my part sanction any departure.

  • Bickel v Duke of Westminster
    • Court of Appeal (Civil Division)
    • 08 July 1976

    But I do not think they do lay down any propositions of law, and for this reason:- The words of the contract are perfectly clear English words: "such licence shall not be unreasonably withheld". When those words come to be applied in any particular case, I do not think the Court can, or should, determine by strict rules the grounds on which a landlord may, or may not, reasonably refuse his consent. He is not limited by the contract to any particular grounds.

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Books & Journal Articles
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  • Pre-lodgement enquiry form for legal representatives dealing with complex estates
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
  • Judgment against personal representative (PD40B para 14.3)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... assessment if not agreed] such sum and costs to be levied of the real and personal estate within the meaning of the Administration of Estates Act 1925 of the deceased at the time of his death in the hands of the defendant as [executor] [administrator] to be administered, if he has now or ... ...
  • Form No.57
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... YOU ARE NOW COMMANDED to take control of goods of the real and personal estate within the meaning of the Administration of Estates Act 1925 of (name) deceased, at the time of his death, which is in your county and in the hands of the defendant (name) as the executor [or ... ...
  • Common form of order for sale
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... Inquiry as to interests ...   ()   the following inquiry be made ... an inquiry as to what estates and interests and in what shares and proportions the Claimant and the Defendant respectively are interested in the property or the net proceeds of ... ...
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