Noteworthy case resolved by LTA 1954 is “Horne & Meredith Properties Ltd v Cox and another” [2014] EWCA Civ 423. Miss Billingsley and Mr Cox were the tenants of 7A Whitburn Street, in Shropshire. They occupy those premises for the purposes of their business. They first started occupying the property under a lease granted in 1981 which has been later renewed. When the current lease was due for renewal under the Landlord and Tenant Act 1954 the landlord opposed it on two grounds. The first was the willing for redevelopment under section 30 (1) (f) of the Landlord and Tenant Act 1954. The Judge Main QC found that that ground had not been established. The second ground was under the section 30 (1) (c) of the Act, stating that: "The tenant ought …show more content…
The main consent in the argument of the respondent, was that the latter half of section 30 (1) (C) is perplexing and without clear meaning. It has not been relied on so much since the Act was passed and that it should be regarded as superfluous to the Act. Despite that the appeal was dismissed on section 23(3) of the 1954 Act, it was concluded that the property included not only the shop, but the six parking spaces and two rights of way and the judge comments were as follow: “this is a case which as a result of the litigation and in particular its conduct the tenant "ought not" to be granted a new tenancy”. The words “out not” has not been considered as some fault or liability on the part of the tenant automatically. Main point been made is would that be fair to the landlord and would he wish to enter in new legal relationship with the tenant. The judge cited the case of “Lyons v Central Commercial Properties Ltd” [1958] 1 WLR …show more content…
. To succeed [the landlord] must satisfy the trial judge that, at the time when the court comes to make its order, he is then willing to provide alternative accommodation, or then intends to reconstruct, or as the case may be . . In short, it comes to this: the landlord must honestly and truthfully state his ground in his notice and he must establish it as existing at the time of the hearing.” Cases like the above mentioned ones are proving how important particular sections of the statue are and shows that small fractions of the Law could be interpreted and twisted differently. Time sensitivity is the one which has the key role in the Betty`s Cafes Ltd v Phillips Furnishing Stores Ltd. Also proving that different bodies in the legal system do not give the same judgments and demonstrates the unique practice of the English legal
Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd (2012) 246 CLR 498
There is clear disagreement over the question of whether Target v Redferns was correctly decided. One point of view is that “Lord Browne-Wilkinson took a false step in Target when he introduced an inapt causation requirement into the law governing … substitutive performance claims" (per Professor Charles Mitchell in a lecture on "Stewardship of Property and Liability to Account" delivered to the Chancery Bar Association on 17 January 2014); the other is that “I consider that it would be a backward step for this court to depart from Lord Browne-Wilkinson's fundamental analysis in Target Holdings” (per Lord Toulson in AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58). Critically discuss the competing arguments. Introduction The law is ever changing and as such, new principles arise from time to time.
La Trobe Capital & Mortgage Corp Ltd v Hay Property Consultants Pty Ltd (2011) 190 FCR 299
The decision of the House of Lords in City of London Building Society v Flegg marks a key stage in how the balance is drawn between occupiers and creditors in priority disputes; the seeds of which were originally planted in the Law of Property Act 1925. It posed a serious challenge to the conventional understanding of overreaching and the machinery of conveyancing.Ref ?
Andrews N, Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 (2001) 60 The Cambridge Law Journal 353
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Hird and Blair, ‘Minding your own business – Williams v Roffey revisited: Consideration reconsidered’ [1996] JBL 254
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
part of the Doctrine Hedley Byrne and Co. Ltd V Heller and. Partners Ltd (1964), Rondel V Worsley (1969).
1.The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is clear way of distinguishing the ratio of a case…
Victorian Stevedoring & General. Contracting Co Pty Ltd & Meakes v Dignan (1931) 46 CLR 73
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.