Clark v Clark and ors

Clark v Clark and ors

Construction of Will – Whether grant of option included farmhouse and curtilage or whether spent as a result of intermediate transactions

Betterment Properties (Weymouth) Ltd v Dorset County Council

Town or village green – Commons Registration Act 1965, S.14 – Whether jurisdiction in proceedings for rectification is appellate – Application for registration made 1997, determined 2001 – Commons Registration Act 1965, S.22(1) – Countryside and Rights of Way Act 2000, S.98 – Whether amended definition of ‘town or village green’ applies

R (Anti-Waste Ltd) v Environment Agency

Integrated Pollution Prevention and Control Directive – Landfill Directive – Groundwater Regulations 1998 – Pollution Prevention and Control Regulations 2000 – Landfill Regulations 2002 – Whether lawful to permit ‘piggybacking’ – Whether to permit a new landfill adjacent to a closed cell is to permit discharges from that cell and thus unlawful
See now CA [2007] EWCA Civ 1337

Vesely v Levy and ors

Housing Act 1996, S.96 – Creation of tenancy – Necessary factors – Status of tenant: assured or assured shorthold?

Soulsbury v Soulsbury

Divorce – Enforceability of contract to make a bequest on condition that maintenance arrears not enforced – Overriding jurisdiction of court in ancillary relief – Status of agreement pending approval of court

Smith (Gypsy Council) v Buckland

Caravan Sites Act 1968 – Mobile Homes Act 1983 – Compatibility of termination procedures with European Convention on Human Rights, art.8 – Public law defences – Whether incompatibility “seriously arguable”

Scottish & Newcastle PLC v Raguz

Landlord and Tenant (Covenants) Act 1995, S.17 – Requirement for notice where extent of liability uncertain – Land Registration Act 1925, S.24 – Extent of statutory indemnity – Effect of conduct of indemnified on ability to recover
On appeal from HC [2006] EWHC 821 (Ch)