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Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Bogdal: CA 7 Oct 1997

The applicant appealed a refusal of leave to apply for judicial review of a cancellation of the registration of her former nursing home. Held: Since the registrant herself no longer intended to operate a nursing home the application must inevitably fail. Review refused. Citations: [1997] EWCA Civ 2435 Statutes: Registered Homes Act 1984 10 11 … Continue reading Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Bogdal: CA 7 Oct 1997

Martine v South East Kent Health Authority: CA 22 Mar 1993

The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing … Continue reading Martine v South East Kent Health Authority: CA 22 Mar 1993

Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002

The owners of private mental hospital sought to change the character of one of its wards. A patient sought leave to challenge that change by judicial review, arguing that the hospital served a public function. Held: Although the contracting out of the Heath Authority’s functions might not always transfer its public obligations, such obligations might … Continue reading Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002

Sanjivi v East Kent Health Authority: QBD 19 Dec 2000

A person who applied to the Registered Homes Tribunal, had to be the owner of the home at the time when the order sought came to be made. In this case, the registration had been cancelled. The applicant appealed to the tribunal. The hearing was delayed, but in the meantime, the applicant sold the nursing … Continue reading Sanjivi v East Kent Health Authority: QBD 19 Dec 2000

Douce and Another v Staffordshire County Council: CA 19 Apr 2002

The claimant ran a Nursing Home. He sought damages from the respondent for economic losses suffered after an allegedly negligent interpretation by the authority of the Act led them to require of the claimant to employ more staff than the Act actually required. The authority required the home to staff it ‘to capacity’ rather than … Continue reading Douce and Another v Staffordshire County Council: CA 19 Apr 2002

Jain and another v The United Kingdom: ECHR 16 Sep 2009

Citations: 39598/09, [2009] ECHR 1391 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the … Continue reading Jain and another v The United Kingdom: ECHR 16 Sep 2009

Regina v Department of Health, Ex Parte Bhaugeerutty and Another: QBD 1 May 1998

Decision of two lay members of Registered Homes Tribunal against view of deceased qualified member who had indicated contrary view but had not considered other opinions could not stand. Citations: Times 01-May-1998 Statutes: Registered Homes Act 1984 10 Jurisdiction: England and Wales Administrative Updated: 05 June 2022; Ref: scu.88436

Regina v East Riding of Yorkshire Council and Kingston Upon Hull City ex parte Michael Bogdal: Admn 24 Jun 1997

The applicant challenged refusal to register his nursing home. He argued that a lease of the premises and business to another was in practice a contract of agency. Held: The applicant having ceased himself to have any direct financial interest in the business, he had no standing to seek judicial review. The authority was free … Continue reading Regina v East Riding of Yorkshire Council and Kingston Upon Hull City ex parte Michael Bogdal: Admn 24 Jun 1997

Jain and another v The United Kingdom: ECHR 9 Mar 2010

The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of Registration. The application was successful and the applicants’ Certificate of Registration was cancelled with immediate effect. The applicants … Continue reading Jain and another v The United Kingdom: ECHR 9 Mar 2010

Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006

Sir Douglas Brown [2006] EWHC 3019 (QB) Bailii Registered Homes Act 1974 30 England and Wales Cited by: Appeal from – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of … Continue reading Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006

Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty. Held: The magistrate had made his decision on the inaccurate material placed before him. … Continue reading Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004

Land had been purchased which was subject to a restrictive covenant. The papers did not disclose the precise extent of the dominant land, the land which benefitted from the restriction. Held: The land having the benefit of a covenant had to be easily ascertainable. It would be oppressive to expect a purchaser of land to … Continue reading Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004

Farstad Supply As v Enviroco Ltd: SC 6 Apr 2011

The court was asked by the parties to a charterparty whether one of them is an ‘Affiliate’ of the charterer for the purposes of provisions in a charterparty by which both the owner and the charterer agreed to indemnify and hold each other harmless (including in the case of the charterer its ‘Affiliates’) in relation … Continue reading Farstad Supply As v Enviroco Ltd: SC 6 Apr 2011

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

Gold Harp Properties Ltd v Macleod and Others: CA 29 Jul 2014

The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances existed to justify the non-rectification, and that the judge had erred in giving the revived leases priority. Held: … Continue reading Gold Harp Properties Ltd v Macleod and Others: CA 29 Jul 2014

Interlego AG v Tyco Industries Inc: PC 5 May 1988

How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988