Source: All England Reporter
Publisher Citation: [2002] All ER (D) 141 (Jan)
Court: Chancery Division

Nicholas Warren QC sitting as a deputy judge of the High Court

Representation Aditya Sen (instructed by Atif & Co) for the claimant.
  Edward Ash (instructed by Timmis & Co) for the first and sixth defendants.
  Jeffrey Norie-Miller (instructed by Timmis & Co) for the second, fourth and fifth and seventh to tenth defendants.
Judgment Dates: 22 January 2002


Power of attorney - General power - Sale of land - Purchase of residential properties pursuant to power of attorney - Properties purchased subject to existing tenancies - Claimant seeking possession of properties on grounds that alleged tenancies bogus - Whether alleged tenancies subsisting - Power of Attorney Act 1971, s 10.

The Case

In proceedings concerning the subsistence of alleged tenancies and leases over various properties purchased by the claimant from the second defendant, the court ruled, inter alia, that there was no evidence to support an allegation of conspiracy to defraud the claimant by the grant of bogus leases, to which conspiracy any of the defendants were parties.

Practice Areas

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