Practice point
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Undertakings on lease terms unenforceable in application for cross-class cramdown
The High Court has considered the Virgin Active test in approving restructuring plans
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Challenge to HMRC valuation of property for ATED fails
The UT’s ruling in Chifley Holdings Ltd (BVI) v Commissioners of HM Revenue and Customs
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University entitled to possession against unlawful encampment
The High Court has considered this issue in Queen Mary University of London v LSY and others
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Second adjudication claim not prevented by settlement of earlier proceedings
The High Court has dismissed proceedings in Dawnvale Café Components Ltd v Hylgar Properties Ltd
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Uncertain term means Code agreement is a licence not a lease
The UT (Lands Chamber) considered this issue in AP Wireless II (UK) Ltd v On Tower UK Ltd
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Sham transactions not a bar to a common intention constructive trust of house
The High Court considered this issue in Parker v Parker-Bowyer and others
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RTM: failure to serve claim notice on relevant landlord
Acquisition of the right to manage rendered voidable
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Landlords’ inherently illogical stance fails to justify forfeiture
The High Court dismissed an appeal in Leicester Square (2015) Ltd & Ors v Empire Cinema 2 Ltd
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Court orders stay of dispute over sale of land for expert determination
The case concerned a contract for the sale of land
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Claim for declaration that restriction does not bind land needs a defendant
High Court dismissed an application in Hughes Family Property Co Ltd and Anor v No Defendant
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Barristers’ chambers – a shared purpose of all members for rating purposes
The Upper Tribunal (Lands Chamber) has dismissed an appeal in Prosser v Ricketts
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Court not ‘authorising a trespass’ by continuing a stay of execution
Lifting stay of execution would render the appellant’s appeal academic