A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
The owner-occupier compensation supplement payable on a compulsory purchase carries interest. Citations: Times 11-Jun-1996 Statutes: Housing Act 1969 68 Sch 5 Jurisdiction: England and Wales Land Updated: 31 October 2022; Ref: scu.89183
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
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Challenge to refusal to accept applicant as homeless. Judges: Mr Sam Grodzinski QC Citations: [2019] EWHC 3480 (Admin) Links: Bailii Statutes: Housing Act 1996 183 184 Jurisdiction: England and Wales Housing Updated: 25 September 2022; Ref: scu.645834
Application for judicial review of a decision by the London Borough of Hillingdon to decline to accept the Claimant’s application made under section 183 of the Housing Act 1996 for accommodation. Neil Cameron QC [2016] EWHC 2647 (Admin) Bailii Housing Act 1996 183 England and Wales Housing Updated: 24 January 2022; Ref: scu.570780
When a council is considering whether an applicant for housing is a homeless person, the applicant’s appreciation of the prospects of future housing can be treated as ‘awareness of a relevant fact’ for the purposes of the sub-section, provided that it is sufficiently specific and provided that it is based on some genuine investigation and … Continue reading Aw-Aden v Birmingham City Council: CA 7 Dec 2005
Citations: [2003] EWCA Civ 779, [2003] HLR 65 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Planning Updated: 23 November 2022; Ref: scu.183383
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature. Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel. Judges: Peter … Continue reading Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997
The employee claimed that the behaviour which gave rise to her dismissal was a protected disclosure, and that her motive was irrelevant. Held: The fact that what was disclosed was true was not conclusive to protect the disclosure. The court could look to motive, and a bad motive might defeat the protection even if the … Continue reading Street v Derbyshire Unemployed Workers Centre: EAT 22 Sep 2003
Application for leave to appeal Citations: [2001] EWCA Civ 1258 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 02 September 2022; Ref: scu.218324
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The applicant sought review of a decision by the local authority that he was intentionally homeless through a failure to pay his rent. He appealed a rejection of leave to appeal, and his appeal was with regard to the adequacy of the reasons given by the local authority for its decision. The claimant said he … Continue reading Eston Bernard v London Borough of Enfield: CA 4 Dec 2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under section 193. The authority told Mrs M that they accepted a duty to … Continue reading Mohamed v Hammersmith and Fulham London Borough Council: HL 1 Nov 2001
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal Charter. The result would substantiallyy affect support for the game. Held: The request for review … Continue reading English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others: Admn 15 Oct 2015
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level of damages to be awarded in race discrimination cases: ‘damages for this relatively … Continue reading Alexander v Home Office: CA 1988
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
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
The respondent had obtained registration of land, Bachelors’ Acre, a grassed area of land in New Windsor, now used as a car park in the register of town and village greens under the Act as a customary green. It had been used for archery in mediaeval times and had later been leased for grazing subject … Continue reading New Windsor Corporation v Mellor: CA 1975
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999
Citations: [1962] 46 Cr App R 129 Jurisdiction: England and Wales Cited by: Cited – Regina v Kokogho and Kokogho CACD 31-Jul-1996 The defendants appealed convictions for fraud. It was alleged they had made multiple and false claims for housing and other benefits. Some evidence was admitted which should only have been admitted on the … Continue reading Jones v Director of Public Prosecutions: 1962
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
The defendant car dealer had made out and used a hire-purchase agreement form which falsely stated that the hirer had been a company director for a named company for several years. Relying on the information, a finance company financed the transaction. He argued that though the document was required for an accounting purpose, the false … Continue reading Regina v Mallett: CACD 1978
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
The claimant appealed against rejection of his application for a grant in respect of works in his home for safety purposes. His son suffered a personality disorder resulting in aggressive behaviour. He sought a grant for the cost of creating separate bedrooms for the protection of the sibling. Held: The grants are mandatory, but could … Continue reading B, Regina (on the Application of) v Calderdale Metropolitan Borough Council: Admn 24 Jul 2003
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy. Held: The tenant had had a full Rent Act tenancy. The Board claimed possession. There had been a compromise under which he left possession for … Continue reading Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008
Car Cleaning nil-hours Contractors were Workers The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated benefits. The contracts were ‘nil hours’ contracts neither requiring nor entitling … Continue reading Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
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
