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Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993

A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired. Held: There was no need to demonstrate any conflict of interest between the proprietor and users to establish … Continue reading Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993

Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982

The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its return. Held: The appeal succeeded. The section could only take effect once forfeiture had … Continue reading Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982

Stynes v Western Power (East Midlands) Plc: UTLC 19 Jul 2013

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Sorrell v Sorrell: FD 29 Jul 2005

The parties contested ancillary relief on their divorce. The marriage had been very long, and the assets were very substantial. The husband contended that these assets represented an exceptional contribution on his part. Held: In this case an unequal division would reflect the husband’s special and exceptional contributions. As to the balance between the cases … Continue reading Sorrell v Sorrell: FD 29 Jul 2005

Thomas and Others v Bridgend County Borough Council: CA 26 Jul 2011

Carnwath LJ considered the effect of Bugajny and other cases after Sporrong: ‘ Later cases (see eg Bugajny v Poland (Application No 22531/05) (unreported) given 6 November 2007, para 56 and following) have given further guidance on the practical application of article 1 to individual cases. First, the three rules are not ‘distinct in the … Continue reading Thomas and Others v Bridgend County Borough Council: CA 26 Jul 2011

Lanceley v Wirral Borough Council: UTLC 9 May 2011

COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of a new road – noise, vibration, dust, artificial lighting – comparables – compensation assessed at pounds 1,000. Citations: [2011] UKUT 175 (LC) Links: Bailii Statutes: Land Compensation Act 1973 Jurisdiction: England and Wales Land, Damages Updated: 13 … Continue reading Lanceley v Wirral Borough Council: UTLC 9 May 2011

Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017

The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price than would have been obtained had the charter continued for … Continue reading Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

Mills and Allen Ltd v Commission for New Towns: LT 20 Feb 2001

LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development corporation – hoardings removed by corporation – whether claimant displaced in consequence of acquisition – whether corporation an authority possessing compulsory … Continue reading Mills and Allen Ltd v Commission for New Towns: LT 20 Feb 2001

Sally Harper v Virgin Net Limited: CA 10 Mar 2004

The employee had been dismissed. Her contractual notice period was longer than the statutory period. Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had … Continue reading Sally Harper v Virgin Net Limited: CA 10 Mar 2004

Regina (on the application of Gilbert) v Plymouth City Airport Limited; W W Thomas v Secretary of State for Transport, Environment and Regions: CA 8 Feb 2001

The airport was the operator liable for compensation. The apron was extended to allow for two more helicopters to be based at the airport, and a neighbouring householder claimed compensation for loss to the value of his house. The Secretary’s certificate was correct. The works were substantial alterations and the requirements of the section had … Continue reading Regina (on the application of Gilbert) v Plymouth City Airport Limited; W W Thomas v Secretary of State for Transport, Environment and Regions: CA 8 Feb 2001

Allen and Others v British Rail Engineering Ltd and Another: CA 23 Feb 2001

The claimants suffered vibration white finger working for the defendants with percussive tools over many years to 1987, but then continued in other employments which also involved vibrating tools and which caused further damage. The claimants made claims in negligence against the defendants, in which the judge found that, in the light of their knowledge … Continue reading Allen and Others v British Rail Engineering Ltd and Another: CA 23 Feb 2001

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

Mills V Allen Ltd v Commission for New Towns (trading as English Partnerships): LT 31 Dec 2000

LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development corporation – hoardings removed by corporation – whether claimant displaced in consequence of acquisition – whether corporation an authority possessing compulsory … Continue reading Mills V Allen Ltd v Commission for New Towns (trading as English Partnerships): LT 31 Dec 2000

Perry v Sidney Phillips and Son: CA 1982

In 1982 the surveyor failed to observe serious defects, including a leaking roof and a septic tank with an offensive smell. The plaintiff purchaser could not afford major repairs and executed only minor repairs himself. At the date of the trial the plaintiff was still occupying the house as his home. The judge awarded damages … Continue reading Perry v Sidney Phillips and Son: CA 1982

Goodman and Others v Transport for London: UTLC 5 Apr 2016

UTLC COMPENSATION – Land Compensation Act 1973 Part I – dwelling houses – depreciation in value from physical factors caused by the Coulsdon Relief Road – relevance of noise evidence – valuation evidence based upon transactions and agreed values – transactions preferred – compensation determined at 1% and 4% of agreed switched off values. [2016] … Continue reading Goodman and Others v Transport for London: UTLC 5 Apr 2016

Livesey v Lancashire County Council: UTLC 19 Nov 2014

UTLC COMPENSATION – Land Compensation Act 1973 Part 1 – dwelling house – depreciation by physical factors caused by upgrading of adjacent roundabout – compensation of andpound;75,000 awarded N J Rose FRICS [2014] UKUT 501 (LC) Bailii Land Compensation Act 1973 England and Wales Land Updated: 04 January 2022; Ref: scu.552344

Toms and Another v The Secretary of State for Transport: UTLC 3 Feb 2011

UTLC COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of High Speed 1 – impact of increase in noise, if any – whether compensating authority’s expert evidence admissible – held that it was – analysis of conflicting noise and valuation evidence – whether evidence of agreed … Continue reading Toms and Another v The Secretary of State for Transport: UTLC 3 Feb 2011

Simmons v British Steel plc: HL 29 Apr 2004

The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004

H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002

The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002

Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

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

Polkey v A E Dayton Services Limited: HL 19 Nov 1987

Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987

Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009

Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009