Law report: Case Summaries

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The Independent Online
THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports:

Landlord and tenant

Scribes West Ltd v Relsa Anstalt and ors ([2004] EWCA Civ 1744); CA (Mummery, Rix, Carnwath LJJ) 20 Dec 2004

WHERE, AT the date of forfeiture, an assignee of the reversionary interest in premises was not the registered freehold proprietor, but had taken a valid equitable assignment of the rents and notice had been given to the lessee, it was entitled, albeit only in equity, to receive the rents of the property and therefore was "the person from time to time entitled, subject to the term, to the income of the whole or any part" of the land leased under s 141(2) of the Law of Property Act 1925. The assignee could, therefore, effect valid forfeiture.

John Cherryman QC, Tom Weekes (Mischon de Reya) for the claimant; Elizabeth Jones QC, Andrew Bruce (Richards Butler) for the freeholder.

Racial discrimination

Webster v Brunel University; EAT (Burton J, Mr J Mallender, Mr G Wright) 14 Dec 2004

THE ONUS of proof transferred to the respondent once a prima-facie case had been established by the applicant that there had been an act of discrimination by the respondent. In future, where there was an issue as to whether treatment complained of by an applicant, which was said to amount to sex or race discrimination, had been by an employee of the respondent, employment tribunals should direct themselves that that the same prima-facie test applied to that question as applied to all other questions in relation to race and sex discrimination.

Paul Troop (Thompsons) for the appellant; Neil Vickery (Eversheds) for the respondent.