London Diocesan Fund and another v Phithwa and Others (Avonridge Property Company Ltd, Part 20 defendant)

JurisdictionEngland & Wales
JudgeLord Justice Jonathan Parker,Lord Justice Hooper,Lord Justice Pill
Judgment Date14 October 2004
Neutral Citation[2004] EWCA Civ 1306
Docket NumberCase No: B2/04/0233
CourtCourt of Appeal (Civil Division)
Date14 October 2004
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4 cases
  • K/S Victoria Street v House of Fraser Ltd and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 July 2011
    ..."persons bound by covenants of a tenancy…be released from such covenants on the assignment of the tenancy". In London Diocesan Fund v Phithwa and Avonridge Property Co Ltd [2005] UKHL 70, [2005] 1 WLR 3956, para 39, Baroness Hale of Richmond said: "The mischief at which the Commission's rec......
  • Nicholas Po Man Lee v Michael Stephen Sommer and Others
    • United Kingdom
    • Chancery Division
    • 19 November 2015
    ... ... 7 Rolls Building Fetter Lane London EC4A 1NL ... The Honourable Mr ... By that order made in Part 8 proceedings between the appellant and the ... of the ground and basement floors of a property in Windmill Row, London by the respondents. The ... appellant assigned the underleases to a company called DRWY Limited, and he and Mr Wong provided ... 20 The relevant statutory provisions ... an investigation which showed that the defendant had ceased to be in contempt of court by the time ... Homes v Gentles [1971] 1 WLR 1514 , another decision of the Court of Appeal. There a tenant ... Similarly, in Chasewood Park Residents Ltd v Kim [2010] EWHC 579 (Ch) the County Court had ... ...
  • London Diocesan Fund and another v Phithwa and Others (Avonridge Property Company Ltd, Part 20 defendant)
    • United Kingdom
    • House of Lords
    • 1 December 2005
    ...by Philippsohn Crawfords Berwald) Respondents: Nathan Wells (Instructed by Gattas Denfield) SESSION 2005-06 on appeal from: [2004] EWCA Civ 1306 OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE LORD NICHOLLS OF BIRKENHEAD 1 This appeal raises a question on the effect of the Landlor......
  • London Diocesan Fund et al. v. Avonridge Property Co., [2005] N.R. Uned. 195
    • Canada
    • 27 October 2005
    ...this appeal is whether the 1995 Act precludes a lessor from now limiting his liability in this way. The Court of Appeal held it does: [2005] 1 W.L.R. 236. [2] The context is as follows. In February 2002 Avonridge Property Co Ltd. acquired by assignment a lease of seven small shop units at W......

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