England and Wales Case Law

Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors

The Court found that the Cemetery is owned by the Claimant and subject to the Local Government Act 1972, rendering the Tomlin Order void. The Defendants must deliver up all records and control of the Cemetery, provide an account for all funds, and explain discrepancies. The injunction is extended to the First to Sixth Defendants, including material relating to the Outlook email account and all relevant bank accounts. The Sixth and Seventh Defendants are not liable to provide an account or bear liability for misappropriated funds due to lack of involvement.

Source excerpt

• Statutory interpretation of local government act 1972
• Delegation of statutory functions
• Injunctions
• Misappropriation of public funds
• Bank account control
• Provision of accounts

Read case analysis

Christopher Andrew Corfield v Christine Marie Howard

Mr Corfield's entitlement under the Settlement Agreement is limited to £400,000 from the net proceeds of sale of Partnership Properties and discharge of pre-dissolution liabilities; his beneficial interest in unsold properties or further proceeds ceases once this entitlement is met.

Source excerpt

• Settlement agreements
• Tomlin orders
• Partnership dissolution
• Beneficial interests
• Contractual interpretation

Read case analysis

Chike-C Onyeari v Churchill Limited & Ors

The court held that Mr Onyeari was the controlling mind of the Company and could not recover for his own wrongdoing. The strike out was correct and permission to appeal was refused. The Tomlin Order was set aside as it was procured without notice to solicitors on record and misled the court. The Underwriters, as subrogated insurers, were entitled to enforce the costs order against Mr Onyeari, and the Company breached contract by impairing those rights. Mr Onyeari induced this breach. General Condition 8 did not exempt him from subrogation due to his wilful conduct in pursuing a totally withou…

Source excerpt

• Subrogation
• Costs orders
• Breach of contract
• Inducement of breach of contract
• Strike out applications
• Summary judgment

Read case analysis

Corfield v Howard

Corfield v Howard [2024] EWHC 2727 (Comm) (30 October 2024)

The High Court construed a Tomlin order settlement over partnership properties, holding the claimant’s entitlement was capped at £400,000 and his beneficial interest then ended.

• Interpretation of settlement agreements
• Tomlin orders
• Partnership dissolution
• Beneficial interests in property
• Enforcement of settlement agreements
• Tomlin-orders

Read case analysis

Richard Edward Tomlinson v Brian Frederick Tomlinson & Ors

The claimant breached the Settlement Agreement by failing to execute transfers and cooperate as required, or at least evinced an intention not to perform. The defendants are entitled to an order for specific performance to enforce the Settlement Agreement. The obligation to pay the £120,000 instalment and the acceleration clause were dependent on the claimant's performance; as he had not performed, the payment and acceleration were not triggered. The claimant is not entitled to immediate payment or declaratory relief regarding the tax indemnity.

Source excerpt

• Enforcement of settlement agreements
• Specific performance
• Dependent and independent contractual obligations
• Interpretation of contracts
• Tomlin orders

Read case analysis

Rutland Lodge (Petersham) Management Company Limited v Oliver Julian Benjamin & Anor

The High Court construed a Tomlin Order on estate works, holding that louvers must cover the upper northern window to the extent lawfully possible, and that planters must form an uninterrupted barrier.

• Freehold covenants
• Tomlin orders
• Contractual interpretation
• Rectification
• Estoppel
• Contractual-interpretation

Read case analysis

Rutland Lodge (Petersham) Management Company Ltd v Benjamin & Anor

Rutland Lodge (Petersham) Management Company Ltd v Benjamin & Anor [2024] EWHC 1429 (Ch) (14 June 2024)

The court construed a Tomlin Order in a property dispute, holding that louvers must cover the full window to the lawful extent, planters must form a continuous barrier, and plants could not remain in the restricted area.

• Freehold covenants
• Contractual interpretation
• Tomlin orders
• Rectification
• Estoppel
• Contractual-interpretation

Read case analysis

Onyeari v Churchill Ltd & Ors

Onyeari v Churchill Ltd & Ors [2024] EWHC 531 (KB) (08 March 2024)

The High Court refused permission to appeal, set aside a Tomlin order, and held that underwriters could enforce a costs order after subrogated rights were impaired.

• Strike out applications
• Summary judgment
• Costs orders
• Subrogation
• Tomlin orders
• Directors' duties

Read case analysis

Takhar & Ors v Mohamed & Anor

Takhar & Ors v Mohamed & Anor [2023] EWHC 2190 (KB) (31 August 2023)

The High Court construed a Tomlin Order settling party wall disputes and held the County Court could hear only a contractual challenge limited to quantum, not a statutory appeal.

• Tomlin orders
• Party wall etc. act 1996
• Contractual interpretation
• Jurisdiction
• Estoppel
• Expert determination

Read case analysis

Sukhbinder Singh Takhar & Ors v Lahrie Mohamed & Anor

The High Court held that a Tomlin Contract excluded the Party Wall etc. Act 1996, but the County Court could hear a contractual dispute about the quantum of compensation.

• Tomlin orders
• Party wall disputes
• Contractual interpretation
• Estoppel
• County court jurisdiction
• Tomlin-orders

Read case analysis