Kensington Housing Trust v Oliver

JurisdictionEngland & Wales
Date1998
Year1998
CourtCourt of Appeal (Civil Division)
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10 cases
  • Birch v Birch
    • United Kingdom
    • Supreme Court
    • 26 July 2017
    ...husband had "wholly failed to show any such change in circumstances" as would warrant release. 8 In Kensington Housing Trust v Oliver (1997) 30 HLR 608 the Court of Appeal stressed the universality of the jurisdiction to grant release from an undertaking. A tenant had caused flooding of fla......
  • Alicea Helen Birch v James William Hamilton Birch
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2015
    ...to which a more general discretion applied: see Mid Suffolk DC v Clarke [2006] EWCA 71 and Kensington Housing Trust v Oliver (1997) 30 HLR 608. 20 Judge Waller held that it was artificial to attempt to draw a distinction between the criteria which apply upon variation of an order for sale f......
  • Koza Ltd v Koza Altin Isletmeleri as
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2020
    ...release a party from an undertaking. After discussing a number of authorities, including, at [8]–[9], Kensington Housing Trust v Oliver (1998) 30 HLR 608, which appeared to suggest, at [9], that “the sole criterion was whether it would be just to grant release” and, at [10], Mid Suffolk DC ......
  • DSM SFG Group Holdings Ltd v John Thomas Kelly
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 December 2019
    ...Court has an inherent jurisdiction to release a party from an undertaking that has been given, see Kensington Housing Trust v. Oliver (1997) 30 HLR 608. As an alternative, a court may decide to accept an offer of a further undertaking in different terms (as opposed to ‘varying’ it, which is......
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