A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984
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The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The Council said that the company had been in default under section 106. Held: There … Continue reading Hastings Borough Council v Manolete Partners Plc: SC 27 Jul 2016
Action was brought by the Council in respect of an alleged statutory nuisance caused by flooding. Under section 94 of the 1875 Act they could serve an abatement notice on the person by whose ‘act default or sufferance’ the nuisance had arisen. The authority argued that the nuisance had arisen by the ‘default’ of the … Continue reading Clayton v Sale Urban District Council: 1926
The authority had served notice under the Act requiring the plaintiff to convert a pail closet on his premises into a water closet and to connect it to a sewer. He failed to comply, and the authority carried out the work themselves, but did so by carrying out a larger project serving some other houses. … Continue reading Place v Rawtenstall Corporation: 1916
The tenant claimed that the landlord had failed in its obligations of repair undertaken in the lease. Held: Where the landlord was in default, a tenant may have a right to undertake the repairs itself, recovering the costs.Jenkins LJ cited propositions of law, including: ‘In the event of the landlord failing to do the requisite … Continue reading Granada Theatres Ltd v Freehold Investment (Leytonstone) Ltd: CA 23 Mar 1959
The householder sought compensation under the Act, for the disturbance in the laying of a drain in the highway abutting the claimant’s house and furniture shop. Because of the constraints of the work site, excavated soil had been thrown up against the house and shop, with the result that access to the property (particularly for … Continue reading Lingke v Christchurch Corporation: CA 1912
Access to the plaintiff’s motor repair business was interfered with by work to reconstruct a sewer. Whilst access was still possible it required a long detour and there was no physical interference with the entrance to the premises. Held: If a private individual had interfered with access as the statutory authority had done then there … Continue reading Leonidis v Thames Water Authority: 1979
A watercourse became silted by natural causes and the local authority served an abatement notice on the landowner, who failed to respond, and when prosecuted relied on a proviso which excluded from liability ‘any person other than the person by whose act or default the nuisance arises or continues.’ Held: Absent any relevant legal duty … Continue reading Neath Rural District Council v Williams: QBD 1951
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
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
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Meat had been seized under section 116 of the 1875 Act as unfit for human consumption. Although the butcher was acquitted of any offence under section 117 of that Act, on the grounds that he was unaware that it was unfit for consumption, it was found that he was nonetheless ‘in default’ for the purpose … Continue reading Hobbs v Winchester Corporation: CA 18 Jun 1910
The claimants appealed from rejection of their claim to compensation under the 1984 Act as tenants of a pier closed by the Authority. The Authority said that it had failed to comply with its leasehold obligations of repair, and was in default under that Act. Held: Default was limited to default under the 1984 Act. … Continue reading Manolete Partners Plc v Hastings Borough Council: CA 7 May 2014
Application for compensation under s.106 of the Building Act 1984 for compensation as a result of the Council exercising its powers to prevent access to Hastings Pier under s.78 of the 1984 Act. Held: The court rejected the defence, holding that the reference to ‘default’ should be read as default in respect of obligations imposed … Continue reading Manolete Partners Plc v Hastings Borough Council: TCC 12 Apr 2013
The plaintiff sought to claim under his household insurance. He sold some jewelry, accepting a building society cheque which turned out later to be stolen. He argued that his loss was ‘loss or damage caused by theft’ The insurer argued that there was no theft. Held: The buyer had usurped the plaintiff’s rights in the … Continue reading Dobson v General Accident Fire and Life Assurance Corporation Plc: CA 1989
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
