An electricity company which also operated also as a water supplier did not have the power to issue coin operated meters which were capable of metering and charging for both electricity and water supplies. The words allowing the company to install such meters were quite restrictive. Judges: The Honourable Mrs Justice Arden Citations: Times 28-Oct-1999, … Continue reading South Wales Electricity Plc v The Director General of Electricity Supply: ChD 22 Oct 1999
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
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
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
UTLC COMPENSATION – electricity – wayleave – overhead line across housing development site – contract for sale of corridor of land containing line entered into in advance of grant of wayleave – contract . .
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The landowner objected to the proposal of the second respondent to grant, in favour of the first respondent, a wayleave to lay cables through tunnels owned by the claimant landowner. Held: The tunnel structure was properly seen as land within the Act, and the way-leaves were properly granted. The argument that the meaning of the … Continue reading British Waterways Board v London Power Networks Plc, Secretary of State for Trade and Industry: ChD 15 Nov 2002
UTLC COMPENSATION – electricity – grant of necessary wayleave under Schedule 4 of Electricity Act 1989 – overhead line – injurious affection – whether section 44 of the Land Compensation Act 1973 applies – application of the principle of equivalence Sir Keith Lindblom, P, AJ Trott FRICS [2013] UKUT 214 (LC) Bailii Land Compensation Act … Continue reading Stynes v Western Power (East Midlands) Plc: UTLC 19 Jul 2013
Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32. The Respondent Company carried on an … Continue reading Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955
COMPENSATION – electricity – underground cables – land with planning permission for waste transfer station – statutory wayleaves for retention – preliminary issues – injurious affection – valuation method – quantum – disturbance claim for loss of profits – entitlement to this – factual basis for determination of claim – mitigation of loss – Electricity … Continue reading Welford and others v EDF Energy Networks (LPN) Plc: LT 10 Mar 2006
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment. Held: The appeal succeeded. In general, time would run from the earlier date: ‘Save where it is the … Continue reading Legal Services Commission v Henthorn: CA 30 Nov 2011
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal planning application, no determination had been made. Held: The procedure of making a determination had important consequences. … Continue reading Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002
The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was known to him and was ‘with it’. Evidence from a member of staff at the solicitor’s office supported the doctor’s description. Held: There was no evidence of undue influence, and the testator was of … Continue reading Potter v Potter: FdNI 5 Feb 2003
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced and the new regime had a different wording which the court had found … Continue reading Morrison Sports Ltd and Others v Scottish Power: SC 28 Jul 2010
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008
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
