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Rotherham Action Group Ltd, Regina (on The Application of) v Rotherham Metropolitan Borough Council: Admn 30 Apr 2015

The claimant challenged the defendant’s decision approving the designation of four areas in Rotherham as being subject to selective licensing pursuant to section 80 of the Housing Act 2004. Judges: Stewart J Citations: [2015] EWHC 1216 (Admin), [2015] HLR 34, [2015] PTSR 1312, [2015] LLR 575 Links: Bailii Statutes: Housing Act 2004 880 Jurisdiction: England … Continue reading Rotherham Action Group Ltd, Regina (on The Application of) v Rotherham Metropolitan Borough Council: Admn 30 Apr 2015

St Mungos Community Housing Association v Andrews (Procedure : Victimisation): EAT 21 Jan 2021

Procedure/victimisation The Employment Tribunal erred in making findings, and upholding a victimisation claim, on the basis of a protected act that had never been pleaded: Chapman v Simon [1994] IRLR 124 CA applied. The Employment Tribunal further erred, on the specific circumstances of this case, in making adverse credibility findings of a witness, from which … Continue reading St Mungos Community Housing Association v Andrews (Procedure : Victimisation): EAT 21 Jan 2021

Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster: CA 18 Oct 2004

The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant asserted bias on the part of the head of the housing needs and resources of … Continue reading Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster: CA 18 Oct 2004

Wall, Regina (on the Application of) v Brighton and Hove City Council: Admn 2 Nov 2004

Application for judicial review, seeking an order quashing a grant of planning permission dated by the defendant for the demolition of an existing house and its replacement by eight self-contained apartments. The notice granting planning permission did not state the relevant policies which had been applied in coming to the decision. Attempts had later been … Continue reading Wall, Regina (on the Application of) v Brighton and Hove City Council: Admn 2 Nov 2004

Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Daventry District Council v Daventry and District Housing Ltd: CA 13 Oct 2011

The appellant challenged refusal of rectification of its agreement with the defendant. They asserted either mutual or unilateral mistake. The parties had agreed for the transfer of housing stock and management staff to the respondents. The claimant council sought rectification of a contract by which it transferred its housing stock and the staff employed in … Continue reading Daventry District Council v Daventry and District Housing Ltd: CA 13 Oct 2011

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

London and Quadrant Housing Trust v Sandra Ison: 8 Sep 2003

(Romford County Court) ‘A judge who adjourns the hearing of a ground 8 possession claim solely in order to allow a defendant an opportunity to defeat that claim, whether by extracting payment from the housing benefit authority or from any other source, is choosing not to apply the law in force at the date of … Continue reading London and Quadrant Housing Trust v Sandra Ison: 8 Sep 2003

Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc: CA 27 Jul 2004

The tenant of a house had subdivided it and let off the flats. He sought to acquire the freehold. Held: Where none of the subtenants themselves had qualifying leases, the head tenant could be in sufficient occupation to be able to buy the freehold. Judges: The Hon Mr Justice Laddie Lord Justice Jonathan Parker Citations: … Continue reading Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc: CA 27 Jul 2004

Codona v Mid-Bedfordshire District Council: CA 15 Jul 2004

A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar. Held: The authority had discharged its function. The duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, … Continue reading Codona v Mid-Bedfordshire District Council: CA 15 Jul 2004

London and Quadrant Housing Trust v Ansell: CA 19 Apr 2007

The landlord had obtained an order for possession based upon the secure tenant’s failure to pay rent. The order had been suspended. The tenant again fell into arrears, and the landlord chose to issue new proceedings rather than revive the old. Held: The landlord had that choice. The original order had ceased to be enforceable, … Continue reading London and Quadrant Housing Trust v Ansell: CA 19 Apr 2007

Sutton and Another v Norwich City Council (Housing – Civil Penalties): UTLC 20 Mar 2020

HOUSING – CIVIL PENALTIES – whether converted office building a section 257 HMO or an ‘apart-hotel’ – non-compliance with improvement notices – breaches of HMO Licensing and Management Regulations – service of notices by email – reasonable excuse defence – maximum penalties imposed on corporate building owner and on director for multiple breaches – section … Continue reading Sutton and Another v Norwich City Council (Housing – Civil Penalties): UTLC 20 Mar 2020

Godden v Merthyr Tydfil Housing Association: CA 15 Jan 1997

The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called the Trelewis Development which followed, it is said, an oral arrangement. The plaintiff appealed a striking out of his claim … Continue reading Godden v Merthyr Tydfil Housing Association: CA 15 Jan 1997

IR Management Services Ltd v Salford City Council (Housing – Financial Penalties – Breach of HMO Management Regulations): UTLC 19 Mar 2020

HOUSING – FINANCIAL PENALTIES – breach of HMO Management Regulations – defence of reasonable excuse – whether local housing authority required to prove beyond reasonable doubt that appellant had no such excuse – whether burden on appellant to establish reasonable excuse – ss.234A, 249A, Housing Act 2004 – Management of Houses in Multiple Occupation (England) … Continue reading IR Management Services Ltd v Salford City Council (Housing – Financial Penalties – Breach of HMO Management Regulations): UTLC 19 Mar 2020

Slamon v Planchon: CA 25 Jun 2004

The claimants sought the enfranchisement of their properties in London. The freeholder claimed the benefit of the resident landlord exemption. Held: To succeed in the defence the freeholder had to establish one continuous interest by ‘the same person’ from the time when the property was converted into flats until the time of the enfranchisement application. … Continue reading Slamon v Planchon: CA 25 Jun 2004

Quashie v Methodist Homes Housing Association: EAT 16 Jan 2012

EAT PRACTICE AND PROCEDURE – Right to be heard After the conclusion of an oral hearing in a claim for unfair dismissal the Employment Tribunal directed that the parties lodge written submissions. The Claimant prepared submissions and served them on the Respondent but for some reason or mishap, they were not sent to the Employment … Continue reading Quashie v Methodist Homes Housing Association: EAT 16 Jan 2012

Nutting v Southern Housing Group Ltd: ChD 21 Dec 2004

The deceased tenant and the appellant had lived together in a violent alcoholic homosexual relationship. The appellant had claimed to have succeeded to the tenancy on his partner’s death. The authority said the relationship had been at an end, and no succession took place. Held: The appellant had failed to demonstrate that his relationship with … Continue reading Nutting v Southern Housing Group Ltd: ChD 21 Dec 2004

Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004

The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004

North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004

In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004

London Borough of Lambeth v Grant: CA 16 Dec 2004

The applicant was an overstaying immigrant, and was to be returned to Jamaica. She had three children, the youngest of whom had been born in England. The council sought to pay the fares to return to Jamaica for the whole family rather than to have to pay the costs of housing for them. Held: The … Continue reading London Borough of Lambeth v Grant: CA 16 Dec 2004

Westminster Building Company Ltd v Beckingham: TCC 20 Feb 2004

Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether … Continue reading Westminster Building Company Ltd v Beckingham: TCC 20 Feb 2004

Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004

The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession … Continue reading Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004

Loveridge and Loveridge v Healey: CA 20 Feb 2004

The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under the Act. It was insufficient for the matters to be admitted in the pleadings. Pleadings are not superfluous and are … Continue reading Loveridge and Loveridge v Healey: CA 20 Feb 2004

University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004

The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004

Richmond Housing Partnership v Juppal and others: LT 24 Mar 2006

SERVICE CHARGES – scaffolding erected in connection with cyclical repairs – whether costs reasonably incurred – whether associated agent’s fees reasonable and reasonably incurred – Landlord and Tenant Act 1985 s19 – appeal allowed Citations: [2006] EWLands LRX – 60 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 17 August 2022; Ref: scu.240453

UK Housing Alliance (North West) Ltd v Francis: CA 24 Feb 2010

Longmore LJ said: ‘Chapter 4 of Part 6 of the 2004 Act was intended to deal (inter alia) with the notorious abuse of landlords requiring deposits from prospective tenants but not keeping the sums paid in any separate account or refusing to repay such sums at the end of the tenancy.’ Judges: Lord Neuberger of … Continue reading UK Housing Alliance (North West) Ltd v Francis: CA 24 Feb 2010

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Martin v Medina Housing Association Ltd: CA 31 Mar 2006

The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006

Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004

The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004

Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation … Continue reading Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004

Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004

O’Connor and Another v Mayor and Burgesses of the Royal Borough of Kensington and Chelsea: CA 30 Mar 2004

Judges: Lord Justice Sedley Lord Justice Waller Lord Justice Carnwath Citations: [2004] EWCA Civ 394, (2004) HLR 37 Links: Bailii Statutes: Housing Act 1996 191 Jurisdiction: England and Wales Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her … Continue reading O’Connor and Another v Mayor and Burgesses of the Royal Borough of Kensington and Chelsea: CA 30 Mar 2004

Lay and others v Ackerman and Another: CA 4 Mar 2004

Notices had been served by tenants under the Acts. The properties were on a large estate where the freeholds had been divided and assigned to different bodies, and there were inconsistencies in identifying the landlords. The landlords served a counter-notice but it misidentified the landlord. The landlord appealed a finding that his notice was invalid. … Continue reading Lay and others v Ackerman and Another: CA 4 Mar 2004

Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another: Patc 20 Dec 2004

Rectification of an agreement was sought. Held: Laddie J rejected a submission that evidence of the subjective state of mind of one of the parties contained in statements which had not been communicated to the other party (‘crossed the line’) was inadmissible. I Judges: Laddie J Citations: [2004] EWHC 2974 (Pat), [2005] FSR 590 Links: … Continue reading Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another: Patc 20 Dec 2004

Solon South West Housing Association Limited v Lisa James Eran James: CA 20 Dec 2004

Hearsay evidence is available on an application for an ASBO or the trial of a possession action. Citations: [2004] EWCA Civ 1847 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005 The defendant family was served without notice with an anti-social behaviour order ordering … Continue reading Solon South West Housing Association Limited v Lisa James Eran James: CA 20 Dec 2004

O’Brien v Glentamer Mansions Management Co Ltd: LT 8 Mar 2004

LT LEASEHOLD ENFRANCHISEMENT – claim by former landlord for compensation for loss resulting from collective enfranchisement – price determined by County Court upheld by Court of Appeal – Leasehold Valuation Tribunal decided it had no jurisdiction – appeal dismissed – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 6, paragraph 5. Citations: [2004] EWLands … Continue reading O’Brien v Glentamer Mansions Management Co Ltd: LT 8 Mar 2004

Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005

The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005

Lucas v Chichester Diocesan Housing Association Ltd: EAT 7 Feb 2005

EAT Public Interest Disclosure – On the evidence and on the chronology presented to the Employment Tribunal there were no grounds for finding that the Claimant’s protected disclosures were not made in good faith. The Tribunal failed to make a finding as to the reason for dismissal and that issue was remitted. The Tribunal did … Continue reading Lucas v Chichester Diocesan Housing Association Ltd: EAT 7 Feb 2005

Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004

Application was made to register the ‘trap grounds’ as a village green. Held: Carnwath LJ: ‘The 1965 Act created no new legal status, and no new rights or liabilities other than those resulting from the proper interpretation of section 10. Since that section only takes effect in relation to any particular land on registration, there … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004

Hall v London Borough of Wandsworth: CA 17 Dec 2004

The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been identified in the decisions, but they had not been given opportunity themselves to make representations about the decisions. Held: … Continue reading Hall v London Borough of Wandsworth: CA 17 Dec 2004

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

Long Acre Securities Ltd v Karet: ChD 3 Mar 2004

The landlord of premises held under long residential leases at low rents gave notice of its intention to sell the freehold. The tenant objected that separate notices should have been given for the several structures involved. Held: Provided there was sufficient sharing of the joint structures by the separate tenants, the notices would be adequate. … Continue reading Long Acre Securities Ltd v Karet: ChD 3 Mar 2004

Osmani v London Borough of Camden: CA 16 Dec 2004

Auld LJ set out the test to be applied by an authority when deciding whether the applicant was vulnerable for the purposes of deciding whether to give priority housing assistance. The courts had recognised the difficult, involved nature of the decision-making process, particularly in the context of decisions on vulnerability and priority need. Auld LJ … Continue reading Osmani v London Borough of Camden: CA 16 Dec 2004

Blumenthal v The Church Commissioners for England: CA 13 Dec 2004

The respondent argued that the power given to the Lands Tribunal by the section, did not extend to a power to vary a positive covenant. Held: It could not be right to construe the obligation in the lease as a positive obligation rendering the tenant liable to finding himself in breach of covenant in circumstances … Continue reading Blumenthal v The Church Commissioners for England: CA 13 Dec 2004

Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

Pabari v Secretary of State for Work and Pensions-And-Nilesh Pabari: CA 10 Nov 2004

Housing Costs as part of child support assessment. The court considered the interpretation of the word ‘necessary’, saying that the Court must not qualify the word ‘necessary’ by reference to what might be regarded as reasonable. The word ‘necessary’ instead requires a high degree of exigency. Judges: Lord Justice Brooke Holman Mr Justice Holman Lord … Continue reading Pabari v Secretary of State for Work and Pensions-And-Nilesh Pabari: CA 10 Nov 2004

Griffin, Regina (on the Application of) v London Borough of Southwark: Admn 29 Oct 2004

The applicant had sought emergency housing with her husband, but refused accomodation on a particuar estate for her safety. She had then been evicted form the temporary housing supplied on the application. After a series of temporary arrangements she applied again. Her application was accepted but the previous offer and refusal were said to remain … Continue reading Griffin, Regina (on the Application of) v London Borough of Southwark: Admn 29 Oct 2004

AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004

Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract. Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge … Continue reading AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004

Secretary of State for Work and Pensions v M: CA 15 Oct 2004

M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004

Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Gallagher v Castle Vale Action Trust Ltd: CA 23 Feb 2001

The court emphasised the need not merely to identify the relevant factors that weigh in each direction when considering whether to make an order for possession in a nuisance case, but to explain clearly why it is or is not proportionate to interfere with a Convention right in order to address a pressing social need. … Continue reading Gallagher v Castle Vale Action Trust Ltd: CA 23 Feb 2001

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

Martin v David Wilson Homes Ltd: CA 28 Jun 2004

The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. Held: Buxton LJ said that: ‘I do not think that the expression … Continue reading Martin v David Wilson Homes Ltd: CA 28 Jun 2004

Blecic v Croatia: ECHR 29 Jul 2004

The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004

Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004

The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from … Continue reading Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004

Stevens (Through her Mother and Litigation Friend) v County Borough of Blaenau Gwent: CA 17 Jun 2004

The mother of the claimant had complained to the local authority landlord about the absence of locks on her windows. The council replied that such locks could themselves be a hazard, and did not install a lock. The claimant climbed through and fell from a balcony and suffered injury. Held: In view of the Admas … Continue reading Stevens (Through her Mother and Litigation Friend) v County Borough of Blaenau Gwent: CA 17 Jun 2004

Morris, Regina (on the Application Of) v Westminster City Council,: Admn 26 May 2004

Judges: Keith J Citations: [2004] EWHC 1199 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Morris, Regina (on the Application of) v Westminster City Council Admn 13-Oct-2003 . . See Also – Morris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004 The applicant questioned the compatibility of … Continue reading Morris, Regina (on the Application Of) v Westminster City Council,: Admn 26 May 2004

Khan v Trident Safeguards Ltd and others: CA 19 May 2004

The claimant had ben made bankrupt. The defendant argued that his claim vested in the trustee. Held: A discrimination claim was hybrid in nature rather than purely personal, and so it vested in the trustee. However the real issue was the actual claim made. In this case the claimant could seek only the personal elements … Continue reading Khan v Trident Safeguards Ltd and others: CA 19 May 2004

English Churches Housing Group v Shine: CA 7 Apr 2004

The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord’s covenant to repair. Held: The court allowed the … Continue reading English Churches Housing Group v Shine: CA 7 Apr 2004

Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004

The court considered the duties of local authorities to support infirm asylum seekers with children. Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support Service. Judges: Lord Justice Rix, LCJ, Lord Justice Carnwath Citations: [2004] EWCA Civ 535, Times 27-May-2004, [2004] 2 … Continue reading Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004

Ministry of Housing and Local Government v Sharp: CA 1970

Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970

Bibi, Regina (on the Application Of) v London Borough of Camden: Admn 11 Oct 2004

The court had made a joint residence order, but the housing department offered the wife only a one bedroomed department which would not allow her children to stay with her. Held: The local authority decision had to be set aside. In future when making such orders the exact for of residence required might be set … Continue reading Bibi, Regina (on the Application Of) v London Borough of Camden: Admn 11 Oct 2004

M v London Borough of Islington and Another: CA 2 Apr 2004

The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004

Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental. Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial … Continue reading Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

Regina (M) v Secretary of State for Constitutional Affairs and Lord Chancellor: CA 18 Mar 2004

The making of an interim Anti-Social Behaviour Order not on notice was not an infringement of the subject’s human rights, since the order was limited in time and subject to review by the courts. However, ‘The more intrusive the order the more the court will require proof that it is necessary that it should be … Continue reading Regina (M) v Secretary of State for Constitutional Affairs and Lord Chancellor: CA 18 Mar 2004

In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004

An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court found that this service had become therapeutic rather than for assessment, … Continue reading In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004

Commissioner of Police of the Metropolis v Lennon: CA 20 Feb 2004

The claimant police officer considered being transferred to Northern Ireland. He asked and was incorrectly told that his housing allowance would not be affected by taking time off work. Held: The break between employments had affected his entitlements. The finding of a duty of care and its breach involved no new extension of the law. … Continue reading Commissioner of Police of the Metropolis v Lennon: CA 20 Feb 2004

Fairhurst Ward Abbotts Limited v Botes Building Limited and others: CA 13 Feb 2004

A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity. Held: The regulations did not require that in order to be governed by the regulations, a business transferred had to be a discrete entity. Judges: Lord Justice May Lord Justice Mummery … Continue reading Fairhurst Ward Abbotts Limited v Botes Building Limited and others: CA 13 Feb 2004

Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004

The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water … Continue reading Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004

Thompson v Age Concern: EAT 9 Jan 2004

EAT Practice and Procedure – Bias, misconduct and procedural irregularity Judges: His Hon Judge Mcmullen QC Citations: [2004] UKEAT 0728 – 03 – 0202, UKEAT/728/03 Links: Bailii, EATn Jurisdiction: England and Wales Cited by: Cited – Tuntum Housing Association v Aryeetey EAT 12-Oct-2007 EAT Time Limits – Reasonably practicabilityPractice and Procedure – Bias, misconduct and … Continue reading Thompson v Age Concern: EAT 9 Jan 2004

Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals): HL 5 Feb 2004

The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having been rehoused in other areas had lost any connection with the area. The applicants said … Continue reading Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals): HL 5 Feb 2004

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

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

O’Connor and Others v Old Etonians Housing Association Ltd: CA 20 Feb 2002

The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords appealed saying that the section imposed upon … Continue reading O’Connor and Others v Old Etonians Housing Association Ltd: CA 20 Feb 2002