The defendant to an action for an injunction by the plaintiff on behalf of the British Phonographic Industry Copyright Society, said that the company did not properly represent the members of the Society. Held: It could be inferred that all relevant members of a copyright society would wish to suppress counterfeit goods, and so they … Continue reading EMI Records v Riley: ChD 1981
HL Income tax and surtax – Transactions in securities – Tax advantage – Counteraction – Sale of shares in property companies – Subsequent payments of abnormal dividends by property companies – Whether relevant circumstances present – Whether sale of shares transactions ‘whereby’ another person received abnormal dividends – Whether purchase price of shares received ‘in … Continue reading Inland Revenue Commissioners v Garvin and Rose: HL 14 May 1981
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
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Citations: [1997] EWCA Civ 1766 Statutes: Housing Act 1985, Acquisition of Land Act 1981 Jurisdiction: England and Wales Housing Updated: 09 December 2022; Ref: scu.142162
Challenges to compulsory purchase orders. Held: The Orders stand Judges: Sycamore HHJ Citations: [2013] EWHC 973 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Cited by: Appeal from – Margate Town Centre Regeneration Company Ltd and Others v Secretary of State for Communities and Local Government and Others CA 8-Oct-2013 … Continue reading Margate Town Centre Regeneration Company Ltd and Others v Secretary of State for Communities and Local Government and Another: Admn 2 May 2013
Challenge to compulsory purchase order – authority under which orders made. Citations: [2007] EWHC 2625 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23(1), Housing Act 1985 Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.261400
Challenge to compulsory purchase order. Judges: Ouseley J Citations: [2007] EWHC 2008 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.259210
Challenge to lawfulness of Order allowing compulsory purchase of land for London Olympics 2012. Citations: [2007] EWHC 1527 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 04 December 2022; Ref: scu.254342
Challenge to compulsory purchase order Citations: [2004] EWHC 3120 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 26 November 2022; Ref: scu.226928
UTLC COMPENSATION – compulsory purchase – absent and untraceable owners – house in state of disrepair – cost of repair and refurbishment – valuation – comparable transactions – relevance of price achieved by formal tender – Housing Act 1985 section 17 and Acquisition of Land Act 1981 – compensation determined at andpound;205,000 Citations: [2013] UKUT … Continue reading Stephenson and Another v East Riding of Yorkshire Council: UTLC 7 Feb 2013
Citations: [2006] EWCA Civ 12 Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Local Government, Land Updated: 09 November 2022; Ref: scu.237734
The authority sought compulsory purchase of land which adjoined a motorway. An agreement was made before the enquiry, but the inspector felt that others who were not represented would also be affected, and recommended rejection of the agreement. The Secretary of State proceeded, after substantial correspondence including with the objectors. The objectors complained that though … Continue reading Lomax and others v Secretary of State for Transport, Local Government and the Regions and another: Admn 10 May 2002
Citations: [2002] EWHC 921 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land, Local Government Updated: 04 November 2022; Ref: scu.172211
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993
When the Secretary of State considered the offer of land in substitution for other land, an ancient woodland and site of special scientific interest, which was sought to be compulsorily acquired for a roadway, he was entitled to assess whether the exchanged land would be equally advantageous at the time when the exchange would take … Continue reading Greenwich London Borough Council v Secretary of State for Environment and Another: CA 2 Mar 1993
Judges: Stephen Davies J Citations: [2014] EWHC 1337 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Land Updated: 12 October 2022; Ref: scu.525064
The claimant challenged the validity of a compulsory purchase order. Judges: Frances Patterson QC J Citations: [2011] EWHC 263 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Land Updated: 02 September 2022; Ref: scu.429681
Compulsory purchase Citations: [2008] EWLandRA 2007 – 0167 Links: Bailii Statutes: Compulsory Purchase (Vesting Declarations) Act 1981 3 4 5 6 9, Acquisition of Land Act 1981 5 11 12 13A 15 23, Compulsory Purchase of Land (Vesting Declarations) Regulations 1990, Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990, Adjudicator to HM Land … Continue reading London Borough of Wandsworth v Rapose, Rapose, Rapose, De Souza, Rapose, Gracias, Haq, Scullion: LRA 1 Apr 2008
COMPENSATION – Compulsory acquisition of house in poor repair – failure of owner to respond to notices and offers – comparable values – price to be paid for freehold – Housing Act 1985 s.290 and Acquisition of Land Act 1981 – compensation pounds 30,000. Citations: [2000] EWLands ACQ – 91 – 2000 Links: Bailii Jurisdiction: … Continue reading Ghulam v Bristol City Council: LT 3 Nov 2000
The claimant challenged the making of a compulsory purchase order against her property. Judges: Ouseley J Citations: [2009] EWHC 881 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23(1) Jurisdiction: England and Wales Land Updated: 24 July 2022; Ref: scu.341843
Citations: [2008] EWHC 62 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Land Updated: 13 July 2022; Ref: scu.264059
Judges: Wilkie J Citations: [2008] EWHC 62 (QB) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 09 July 2022; Ref: scu.263888
Objection to compulsory purchase order. Judges: Pelling J QC Citations: [2008] EWHC 1975 (Ch) Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Land Updated: 01 July 2022; Ref: scu.341729
Compulsory purchase of land to build new stadium for Arsenal football club. Judges: Mr Justice Collins Citations: [2005] EWHC 18 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Planning, Land Updated: 13 June 2022; Ref: scu.221453
The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000
Citations: [1997] EWHC Admin 86 Links: Bailii Statutes: Acquisition of Land Act 1981 15 Land, Local Government Updated: 25 May 2022; Ref: scu.137031
Citations: 10825/84 Statutes: Acquisition of Land Act 1981 23 Jurisdiction: Human Rights Cited by: Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001 Power to call in is administrative in nature The powers of the … Continue reading Howard v United Kingdom: ECHR 16 Jul 1987
Citations: [2005] EWHC 2324 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 30 April 2022; Ref: scu.235885
A public enquiry was not needed where there was a proposal to compulsorily acquire common land under the Act, providing alternative land in substitution for the common land. The issues remained clear even though there were 800 local objections filed. Citations: Ind Summary 15-Mar-1993 Statutes: Acquisition of Land Act 1981 19 Jurisdiction: England and Wales … Continue reading Waltham Forest Borough Council v Secretary of State for the Environment: QBD 15 Mar 1993
The property was mixed commercial and residential use. It was in poor repair, and the local authority resolved for its compulsory purchase. The company challenged the decision saying the wrong tests had been applied. Held: The challenge was in effect to the inspector’s decision. S17 did authorise a resolution if there was mixed use, if … Continue reading Ainsdale Investments Ltd v First Secretary of State and Another: QBD 14 May 2004
A compulsory purchase order was made. The land owner applied for confirmation by the inspector. They issued an application to challenge the inspector’s recommendation, but did so before it was actually published. The statute required the challenge to be made within six weeks of the publication of the recommendation. The authority said the six weeks … Continue reading Enterprise Inns Plc v Secretary of State for the Environment, Transport and the Regions: QBD 18 May 2000
Appeal against dismissal of claim for quashing of compulsory purchase order. Goldring, Elias LJJ, Sir David Keene [2013] EWCA Civ 1178 Bailii Acquisition of Land Act 1981 England and Wales Citing: Appeal from – Margate Town Centre Regeneration Company Ltd and Others v Secretary of State for Communities and Local Government and Another Admn 2-May-2013 … Continue reading Margate Town Centre Regeneration Company Ltd and Others v Secretary of State for Communities and Local Government and Others: CA 8 Oct 2013
The claimant challenge the making by the council of a compulsory purchase order of a dwelling owned by him. It is an end of terrace two storey property in a popular location about one mile from the city centre and close to local amenities, but has . .
Judges: Sullivan J Citations: [2007] EWHC 2051 (Admin) Links: Bailii Statutes: Land Acquisition Act 1981 23 Jurisdiction: England and Wales Land Updated: 06 December 2022; Ref: scu.259648
The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993
Capital gains tax – roll-over relief on compulsory acquisition of land – section 247TCGA – whether disposal was to ‘an authority exercising or having compulsory powers’ within the definition in s.243(5) TCGA – that definition including a person for whom another person could be authorised to acquire the land transferred compulsorily for the purposes for … Continue reading Ahad v Revenue and Customs: FTTTx 9 Dec 2009
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction … Continue reading Mittal v Mittal: CA 18 Oct 2013
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
The servient land-owner alleged an excessive user by which it was attempted to impose an additional burden on the servient tenement in the use of a right of way for obtaining access to a factory erected partly on the land to which the right of way was appurtenant (‘the Pink Land’) and partly on other … Continue reading Harris v Flower: CA 1904
Members of the defendant company had approved in general meeting, of an acquisition of the assets of another company in which its directors were substantially interested. The shareholders’ approval was given on the basis of a circular. The action was commenced against the directors by the Prudential as a minority shareholders’ action alleging that the … Continue reading Prudential Assurance Co Ltd v Newman Industries Ltd: ChD 1979
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties. Held: Negotiations ‘subject to contract’ for the … Continue reading Eccles v Bryant and Pollock: CA 1947
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996
The plaintiff’s property adjoined the defendant’s boating lake over which the defendant had, over several years, come to run more and more motor boat sports events. The trial judge had found that the noise created by the racing was an actionable nuisance, but he had refused an injunction, saying that the greater public good should … Continue reading Kennaway v Thompson: CA 30 Apr 1980
The parties were neighbours. T got planning permission in 1977 to build a two storey extension. D, the plaintiff, knew of the plan and that it would interrupt the light to his bungalow. Over the years, the plan was implemented in stages, and in 1981, after the roof was on, D unsuccessfully sought a variation … Continue reading Dance v Triplow: CA 1992
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised by the appeal are, potentially at … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
LT COMPENSATION – compulsory acquisition of long leasehold house in poor condition – mortgage – value of unencumbered long leasehold interest determined at andpound;7,600 – no deduction of charges when determining market value – lack of evidence regarding mortgage – no determination of amounts payable to claimantsAn order had been made for the compulsory purchase … Continue reading Beard and Natwest Bank v Wigan Metropolitan Borough Council: LT 31 Dec 2001
(1) In an appeal under section 40A of the British Nationality Act 1981, the Tribunal must first establish whether the relevant condition precedent in section 40(2) or (3) exists for the exercise of the Secretary of State’s discretion to deprive a person (P) of British citizenship. (2) In a section 40(2) case, the fact that … Continue reading BA (Deprivation of Citizenship: Appeals) Ghana: UTIAC 24 Jan 2018
The child was born in Sierra Leone. Her mother died, and her aunt had adopted her in Sierra Leone in 1991. She came to England where a further adoption order was obtained only a few days short of her eighteenth birthday when the court made an order for his adoption. The result was to confer … Continue reading In Re K (A Minor) (Adoption Order: Nationality): CA 22 Apr 1994
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002
Can a recreational purpose underlie an easement The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but the same rights by way of easements over the communal grounds and … Continue reading Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another: CA 4 Apr 2017
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would … Continue reading M v Home Office and Another; In re M: HL 27 Jul 1993
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
Claim by time share owners for easements over neighbouring land. The easements were for various sporting rights and facilities.
Held: The Claimants were entitled to appropriate declaratory relief confirming that they have the rights they claim . .
A substantial historic estate had been divided. A development of one property was by way of leasehold timeshare properties enjoying rights over the surrounding large grounds with sporting facilities. A second development was created but wit freehold . .
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The court looked at what was required to establish adverse possession in a claim for land. Laddie J said: ‘The only factor that appears, at first sight, to point in the direction to exclude anyone, is the fact that Mr Higgs maintained and repaired . .
