Eagling v Gardner

JurisdictionEngland & Wales
CourtChancery Division
Year1970
Date1970

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5 cases
  • Khemlani (Gui Luchmandas) and Monica Khemlani v Amidos Ltd Warrington Williams, Maureen Williams, and Others
    • Jamaica
    • Supreme Court (Jamaica)
    • 25 February 2005
    ...that the Restrictive Covenants were intended to benefit all the lots in the development, and this point has been upheld in Eagling and another v Gardiner [1970] 2 AER 838/845 [Case 3H Defendants' Authorities] . "There are in the contract no words expressly providing that the covenants were ......
  • Crest Nicholson Residential (South) Ltd v McAllister
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 1 April 2004
    ...depended on the order in which the plots had been sold off; a situation described by Mr Justice Ungoed-Thomas in Eagling v Gardner [1970] 2 All ER 838, 846d, as "a building scheme in Alice's Wonderland". 49 In reaching the conclusion which I have as to the effect of the words of annexation ......
  • Neil John Mackenzie v Sharon Shac-Yin Cheung
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 January 2024
    ...of another plot depended on the order in which the plots had been sold off; a situation described by Ungoed-Thomas J in Eagling v Gardner [1970] 2 All ER 838, 846d, as ‘a building scheme in Alice's Wonderland’.” Earlier in his judgment, Chadwick LJ had said in paragraph 41: “As Brightman LJ......
  • Hugh Small v Oliver & Saunders (developments) Ltd
    • United Kingdom
    • Chancery Division
    • 25 May 2006
    ...award was £375,000, nearly 20 per cent of the increased value on that view. 95 In O'Brien Homes Limited v Lane [2004] EWHC 303Eagling v Gardner [1970] 2 All ER 838. 14 There were some exceptions. The covenants for plot 3 dated 25 January 1924 (30 Beech Hill), though themselves identical, we......
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