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Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995

The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount consideratin, and the court was concerned with the interests of the mother and the … Continue reading In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

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

Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997

The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway. Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. … Continue reading Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997

Lowe v First Secretary of State and Another: Admn 6 Feb 2003

The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building. Held: The inspector had been wrong to place significance on what he thought was the owners intentions … Continue reading Lowe v First Secretary of State and Another: Admn 6 Feb 2003

Taylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council: CA 31 Jul 2001

Over a long period of time the applicants had deposited large quantities of waste on their land to hard standings and tracks. They were served with enforcement notices alleging a change from agricultural use, to agricultural use with waste deposit, and unauthorised engineering and other operations in creating a hard standing, or that it was … Continue reading Taylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council: CA 31 Jul 2001

Mark and Lucia Shepherd v Secretary of State for Environment and Three Rivers District Council: Admn 26 Nov 1996

The applicants appealed an enforcement notice, having constructed a driveway between their house and the highway. The court held that it could not impose a requirement that if it was to be permitted development, such works must be of short distance and or over land owned by them. The regulations included no such restriction. [1996] … Continue reading Mark and Lucia Shepherd v Secretary of State for Environment and Three Rivers District Council: Admn 26 Nov 1996

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004

The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004

Lancaster-Thomas v Teignbridge District Council: LT 18 Jun 2007

LT COMPENSATION – planning permission – refusal of planning permission formerly granted by development order – inability to construct a stock proof fence – whether depreciation in the value of the claimant’s freehold interest – nil compensation awarded – Town and Country Planning Act 1990 ssl07 and 108 – Town and Country Planning (General Permitted … Continue reading Lancaster-Thomas v Teignbridge District Council: LT 18 Jun 2007

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Smith and Another v South Staffordshire District Council: LT 27 Jun 2006

COMPENSATION – planning permission – revocation – Article 4 direction – Town and Country Planning General Development Order 1995 – whether indoor swimming pool and leisure block permitted development – estoppel – valuation – Town and Country Planning Act 1990, ss 107, 108 and 117 – compensation awarded pounds 31,700 Citations: [2006] EWLands LCA – … Continue reading Smith and Another v South Staffordshire District Council: LT 27 Jun 2006

Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002

The applicant built a shed on land behind his bungalow, but without planning consent. The planning authority issued enforcement proceedings. He appealed, contending that it fell within the Order. The inspector visited the property, and decided that it was not within the curtilage of the house. The land owner appealed. Held: Whether the shed was … Continue reading Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002

Tapecrown Ltd v First Secretary of State and Another: CA 21 Dec 2006

The appellants challenged an enforcement notice saying that it was a development ‘reasonably necessary for the purposes of agriculture’ within an agricultural unit of at least 5 hectares. Held: Carnwath LJ, with whom the other members of the court agreed, observed at para 33 of his judgment that the inspector has wide powers to decide … Continue reading Tapecrown Ltd v First Secretary of State and Another: CA 21 Dec 2006

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005

The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object. Held: The applicant had been deprived of her right to make objection to the application by the authortiy’s failure. If the authority had communicated its decision, she … Continue reading Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

North Cornwall District Council v Secretary of State for Transport, Local Government and the Regions and another: QBD 28 Oct 2002

A licensee of a shop erected a stand outside to attract buyers. The authority issued enforcement notices as regards the change of use to retail shop, and for the use of the stand. The inspector found that the change of use of the premises was within the use class, and the stand was permitted as … Continue reading North Cornwall District Council v Secretary of State for Transport, Local Government and the Regions and another: QBD 28 Oct 2002

Gravesham Borough Council v Secretary of State for the Environment: 1984

A building had been erected under permission for a ‘weekend and holiday chalet’. In response to an enforcement notice served in relation to an extension to it, the Appellant submitted that the extension was permitted development because the building was in truth a dwelling-house. Held: Whether it was or was not a dwelling-house was a … Continue reading Gravesham Borough Council v Secretary of State for the Environment: 1984

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

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

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

London Borough of Islington and Another v Secretary of State for Communities and Local Government: Admn 20 Dec 2013

The claimant sought to set aside a decision of the defendant to refuse their claims for exemptions from the amendment of the Town and Country Planning (General Permitted Development) Order 1995 Collins J [2013] EWHC 4009 (Admin) Bailii Town and Country Planning (General Permitted Development) Order 1995 Planning Updated: 28 November 2021; Ref: scu.519338

Corbett, Regina (on The Application of) v Cornwall Council: Admn 12 Dec 2013

The assessment of whether prior approval would be required for the development of an agricultural building onder the GDO 1995 was a summary one. Birtles Judge [2013] EWHC 3958 (Admin), [2013] WLR (D) 510 Bailii, WLRD Town and Country Planning (General Permitted Development) Order 1995 England and Wales Planning Updated: 27 November 2021; Ref: scu.518992

Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd: ChD 1981

The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to … Continue reading Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd: ChD 1981

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011

Commercial Sense Used to Interpret Contract The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations. Held: The appeal succeeded. In such a case the court should adopt the more, rather than the less, commercial construction, applying the … Continue reading Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011

Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993

The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by Parliament, and would transfer the Royal Prerogative power to enter into treaties without parliamentary approval. … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993

Regina v Shayler: CACD 28 Sep 2001

Duress as Defence not closely Defined The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made in the public interest. He appealed against a judgment that the … Continue reading Regina v Shayler: CACD 28 Sep 2001

Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

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