52 Royston Road – Woking : Midland : Birmingham; LVT 13-Aug-2013

LVT Houses/Flats – Enfranchisement, Lease Extensions & Compensation for Loss

Court: LVT
Date: 13-Aug-2013
Links: Bailii,
References: [2013] EWLVT CHI_LV_HEL_43UM_0

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Filed under Landlord and Tenant

Thompson and Another -v- Goblin Hill Hotels Ltd; PC 10-Mar-2011

(Jamaica) The parties disputed the effect of an option in a lease.

Court: PC
Date: 10-Mar-2011
Judges: Lord Phillips, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson
Links: Bailii,
References: [2011] UKPC 8,

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Filed under Commonwealth, Contract

Willis -v- Redbridge Health Authority; CA 22-Dec-1995

An unsuccessful Defendant cannot be ordered to pay costs on an indemnity basis to a legally aided Plaintiff, even if it might otherwise be justified. The normal basis is for standard costs.

Court: CA
Date: 22-Dec-1995
Judges: Beldam LJ
Links: Gazette, Times,
References: [1996] 1 WLR 1228,
Cited By:

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Filed under Costs, Legal Aid

Tolofson -v- Jensen; 1994

(Supreme Court of Canada) La Forest J said: ‘the purpose of substantive / procedural classification is to determine which rules will make the machinery of the forum court run smoothly as distinguished from those determinative of the rights of both parties.’

Date: 01-Jan-1994
Judges: La Forest J
References: (1994) 120 DLR (4th) 289,
Cited By:
  • Harding -v- Wealands, HL, Cited, (Times 06-Jul-06, Bailii, [2006] UKHL 32, [2006] 3 WLR 83, [2006] 2 CLC 193, [2006] RTR 35, [2006] 4 All ER 1)

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Filed under Commonwealth, Jurisdiction

Sinclair Collis Ltd -v- Commissioners of Customs & Excise; ECJ 12-Jun-2003

ECJ Sixth VAT Directive – Article 13B(b) – Exempt transactions – Letting of immovable property – Meaning – Cigarette vending machines installed in commercial premises.
The claimants installed cigarette vending machines on shop premises, with the shop-owners taking a proportion of the takings. They claimed exemption from VAT on the agreements as being ‘lettings of immovable property.’
Held: The agreements were not such lettings of immoveable property, and were liable to VAT. The agreements were not lettings of a space for occupation, and the actual position occupied was not material to the agreement, the rights only operated whilst the shop was open, and there was no right to exclude the ‘landlord’.

Court: ECJ
Date: 12-Jun-2003
Statutes: Sixth Council Directive 77/388/EEC of May 17 1977
Links: Bailii,
References: C-275/01, Times, 30-Jun-2003, [2003] EUECJ C-275/01
Cases Cited:
Cited By:

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Filed under European, Landlord and Tenant, VAT

Regina -v- Westminster City Council, ex Parte Mulonso; CA 13-Mar-1995

Rent arrears do not of themselves bar a homelessness finding, particularly where a settled home had been lost.

Court: CA
Date: 13-Mar-1995
Links: Ind Summary,
References:

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Filed under Housing

Regina -v- Criminal Injuries Compensation Board Ex Parte Cook (Rene Florence); CA 22-Dec-1995

Where the board was refusing an application, it need not set out every matter which it had taken into account.

Court: CA
Date: 22-Dec-1995
Links: Times,
References: [1996] 2 All ER 144, [1996] 1 WLR 1037
Cited By:

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Filed under Personal Injury

Regina -v- Clue; CACD 27-Dec-1995

An improperly made sentence can only be corrected by the court. It was not an administrative act.

Court: CACD
Date: 27-Dec-1995
Links: Ind Summary, Times,
References:

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Filed under Criminal Practice, Criminal Sentencing

Holt and Another -v- Payne Skillington (A Firm); CA 22-Dec-1995

Duties in tort between parties to a contract may exceed their duties under the contract.

Court: CA
Date: 22-Dec-1995
Links: Gazette, Times,
References:

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Filed under Contract, Torts - Other

Franklin -v- Chief Adjudication Officer; CA 29-Dec-1995

Failure to report facts not known to claimant cannot be misrepresentation.

Court: CA
Date: 29-Dec-1995
Statutes: Social Security Administration Act 1992 71(1)
Links: Times,
References:

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Filed under Benefits