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Cases Tim Calland

Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust (2020)

Judgment Date: 14 Oct 2020

The Upper Tribunal imposed an agreement on a housing trust under the Communications Act 2003 Sch.3A Pt 4 para.20 conferring on a telecommunications operator rights to install and operate equipment on the roof of a building. The tribunal determined the extent to which the operator should be able to upgrade and share the equipment and set out the correct approach to assessing the consideration payable by operators under such agreements.

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Members
Tim Calland

Practice areas
Real Estate

(1) Ropemaker Properties Ltd (2) Churchmanor Estates Co Plc v (1) Bella Italia Restaurants Ltd (2) Casual Dining Ltd (2018)

Judgment Date: 02 May 2018

An agreement for lease relating to a retail unit had not been validly terminated by the tenant. As the conditions to which the agreement was subject had been satisfied, the tenant was bound by the agreement.

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Members
Tim Calland

Practice areas
Real Estate

Jones v Oven (2017)

Judgment Date: 28 Jun 2017

On the proper construction of a commercial agreement, a strip of land that had to be retransferred back to its original owners was subject to restrictive covenants which applied to the rest of the owners' retained land. The parties' intention had been for the owners' retained land to be burdened by covenants in order to make the neighbouring defendants' land viable for residential development, and a literal reading of the covenants would negate that purpose.

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Members
Tim Calland

(1) Patricia Ann Jones (2) David Jones v (1) Timothy Paul Oven (2) Ruth Oven (2017)

Judgment Date: 28 Jun 2017

On the proper construction of a commercial agreement, a strip of land that had to be retransferred back to its original owners was subject to restrictive covenants which applied to the rest of the owners' retained land. The parties' intention had been for the owners' retained land to be burdened by covenants in order to make the neighbouring defendants' land viable for residential development, and a literal reading of the covenants would negate that purpose.

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Members
Tim Calland

Maria Puzitskaya & Ors v St Paul's Mews (2017)

Judgment Date: 26 Apr 2017

Where a company's articles of association provided for members to have particular voting rights in general meetings, and the articles had been drafted before the Companies Act 2006 allowed for majority voting on written resolutions, the articles could not be construed so as to apply the particular voting rights to the written resolution procedure.

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Members
Andrew Westwood KC
Tim Calland

Lynn Shellfish Ltd v Loose (2016)

Judgment Date: 13 Apr 2016

The extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk, was to be determined, on its western, seaward boundary, by reference to the lowest astronomical tide. The right did not extend to sandbanks which were not previously joined to the foreshore, as and when they became so attached.

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Members
Tim Calland