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20 Aug 2012, 9:07 am
Category: Recent Decisions;Property Law Opinions;Family Opinions Body: AC 33273 - Clifford Young v. [read post]
6 May 2015, 8:11 am by Justin Bates, Arden Chambers
In later cases, the House of Lords likewise resisted attempts to use Art 8 as a defence to possession proceedings by local authorities: see Lambeth LBC v Kay [2006] UKHL 10; [2006] 2 AC 465; [2006] HLR 22; Birmingham CC v Doherty [2008] UKHL 57, [2009] 1 AC 367, [2008] HLR 45. [read post]
4 Sep 2023, 2:04 am by Alessandro Cerri
In a recent judgment, the Intellectual Property Enterprise Court of the High Court of England and Wales (the Court), rejected AC Cars’ counterclaim against Clive Sutton (CSL) for a declaration of invalidity and revocation for non-use of the UK registered mark AC COBRA, highlighting some of the difficulties in running a defence and a counterclaim simultaneously in IP litigation. [read post]
3 Feb 2017, 3:07 pm by Patricia Salkin
In 2005, the claimant acquired title to an undeveloped parcel of real property in the Village and Town of Monroe, in the RR 1.5 ac zoning district, for which permissible uses included, “Single Family detached dwellings on lots of 3 or more acres in size. [read post]
4 Jul 2007, 10:50 pm
Australian intellectual property strategy ace Duncan Bucknell has struck again! [read post]
6 Dec 2021, 2:56 pm by Giles Peaker
In Westminster CC v Clarke (1992) 2 AC 288 (a hostel for the homeless), exclusive possession was found to be inconsistent with the purposes for which the Council provided the accommodation. [read post]
29 Oct 2007, 10:39 am
ACE INA Holdings involved a dispute between an excess insurer (Cincinatti) and the primary insurer (ACE) of Flexo Manufacturing, which faces silicosis liabilities around the country due to its manufacture of masks used in sand blasting operations. [read post]
23 Oct 2018, 1:45 pm by Giles Peaker
The House of Lords has held that this sort of sharing agreement does not create a tenancy (see AG Securities v Vaughan (1991) AC 417). [read post]
8 Oct 2015, 10:00 pm by Patricia Salkin
Because the court was prohibited from writing into an ordinance language restricting property rights to a greater degree than intended by the legislative body, it found the circuit court properly held the Zoning Board made an error of law in construing the County Ordinance to exclude a helicopter sightseeing tour facility as a permissible use within the AC district. [read post]
12 Oct 2008, 12:55 pm
There was no need for an individual assessment of the proportionality of exercising this power in any given case because the appropriate bargain had already been struck and relied, by analogy, on Lord Scott in Quazi v LB Harrow [2004] 1 AC 983. [read post]
23 Apr 2008, 1:22 pm
Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23 April 2008). [read post]
24 Feb 2017, 4:07 pm by Giles Peaker
That satisfied two of the criteria for a tenancy in Street v Mountford (1985) 1 AC 809. [read post]