University of East London Higher Education Corporation v (1) Barking and Dagenham London Borough Council (2) Redbridge London Borough Council and (3) Persons unknown owning or occupying property forming part of the Becontree Estate East London (No.2) (Record no. 74763)

MARC details
000 -LEADER
fixed length control field 02523cab a2200229 4500
001 - CONTROL NUMBER
control field ABS68670
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050126n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u128621
245 ## - TITLE STATEMENT
Title University of East London Higher Education Corporation v (1) Barking and Dagenham London Borough Council (2) Redbridge London Borough Council and (3) Persons unknown owning or occupying property forming part of the Becontree Estate East London (No.2)
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWHC 2710 (Ch), 9 December 2004. Claimant university (U) took proceedings under the Law of Property Act 1925 s84(2) to clear its title to the Barking Campus. After ruling on the covenants, the court went on to determine costs under the 1925 Act s203(5). (D)'s contention that the covenants bound U as owners of the Barking Campus and were enforceable by D as owners of the Becontree Estate had been upheld earlier. The judge held further that U was entitled to sell the Campus free from covenants, which would however trigger D's entitlement to exercise a right of pre-emption. U questioned whether Civil Procedure Rules (CPR) had superseded the rule of practice on costs established before "Re Jeffkins Indentures" ([1965] 1 WLR 375). "Held": the rationale for the rule of practice was a claimant applying for a declaration of freedom from covenants was seeking for its own benefit the protection of a court order against the existence of any adverse rights and had to join as defendants all persons who might have adverse rights. This rationale was equally applicable after the CPR and was consistent with CPR. D had succeeded on all issues relating to the validity and enforceability of the covenants but had failed in their construction of the pre-emption clause. Employing the rule of practice as a guideline, U should pay D's costs on an indemnity basis. View judgment at www.courtservice.gov.uk.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNIVERSITY OF EAST LONDON HIGHER EDUCATION CORPORATION V (1) BARKING AND DAGENHAM LBC (2) REDBRIDGE LBC AND (3) PERSONS UNKNOWN OWNING OR OCCUPYING PROPERTY FORMING PART OF THE BEACONTREE ESTATE, EAST LONDON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S84(2)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S203(5)
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Topical term or geographic name entry element CIVIL PROCEDURE RULES 1998
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RE JEFFKINS INDENTURES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COVENANTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.courtservice.gov.uk/View.do?id=2977&searchTerm=&ascending=&index=61&maxIndex=199">https://www.courtservice.gov.uk/View.do?id=2977&searchTerm=&ascending=&index=61&maxIndex=199</a>
Public note View judgment on the Court Service website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 26/01/2005   ABS68670 128621-1001 06/08/2019 1 06/08/2019 Law report