Estates in UK Law

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Leading Cases
  • Beesly v Hallwood Estates Ltd
    • Court of Appeal
    • 17 Nov 1960

    For in the case of the former, until the condition is performed, there is nothing at all. The position is not the same in the case of an instrument under seal executed and delivered, for in the latter case, as pointed out in the passage which Lord Justice Herman has cited in Xenos v. Wickham, when the time has arrived or the condition has been performed the delivery becomes absolute and the maker of the deed is absolutely bound by it whether he has parted with its possession or not.

  • Pimms Ltd v Tallow Chandlers Company
    • Court of Appeal
    • 13 Mar 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 Jul 1965

    My Lords, in the field of real property in relation to taxation certain matters are so fundamental as now to be axiomatic. Thus in cases other than those where a man is a property dealer so that property is his stock-in-trade it is quite clear that the purchase of a fee simple for a purchase price by a trader is the acquisition of property for the purposes of trade and the purchase cannot be regarded as a cost of carrying on the trade, it is therefore capital.

  • Jones v Wrotham Park Settled Estates
    • House of Lords
    • 13 Dic 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.

  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 Dic 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 Jul 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
    • 08 Jul 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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