Citations: [1745] EngR 60, (1745) Amb 41, (1745) 27 ER 23 Links: Commonlii Jurisdiction: England and Wales Land, Taxes – Other Updated: 02 September 2022; Ref: scu.381253
UTLC PARK HOMES – Pitch Fee Review – annual licence fee payable by park owner to local authority – delay in introducing licence fee – whether fee to be taken into account in determining pitch fee review – paras 18(1)(ba) and 20(A1), Sch 1, Mobile Homes Act 1983 – appeal allowed Citations: [2017] UKUT 28 … Continue reading Wyldecrest Parks (Management) Ltd v Kenyon and Others (Occupiers of Pitches At Bartington Hall Park): UTLC 25 Jan 2017
[2021] EWHC 17 (TCC) Bailii England and Wales Litigation Practice Updated: 20 November 2021; Ref: scu.663129
The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007
The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies. Judges: Lord Justice Simon Brown’s Citations: [1995] QB 192, [1995] 1 EGLR 6 Jurisdiction: England and Wales Citing: Overruled – … Continue reading Pennell v Payne: CA 1995
The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.Morritt LJ discussed section 199: ‘Counsel for the wife … Continue reading Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
The claimant wished to construct a new runway on its own land, and it was necessary to carry out works, namely, that trees on nearby land should be lopped or felled so that they would not constitute an obstruction to the flight path. The claimant had been granted a licence by the National Trust to … Continue reading Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown: CA 4 Mar 1999
When considering whether a payment has been paid by way of rent, the court looks to the explanation or reason for the payment, asking whether the payment is for exclusive use and occupation of the premises. In this case a payment by occupiers in respect of gas and electricity bills was not a payment of … Continue reading Bostock v Bryant: 1990
The division of a great meadow into many parcels by the making of ditches is not waste, for the meadow may be the better for it, and it is for the profit and ease of the occupiers of it. If a termor convert a meadow into a hop garden it is not waste for it … Continue reading Anon: 1587
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
The Court of Appeal is not strictly bound by the terms of leave to appeal given, but where the points had been specifically considered a point could only be heard with the leave of the Court of Appeal which had full power to regulate its own proceedings. Judges: Robert Walker LJ Citations: Times 14-Jan-1999, [1998] … Continue reading Yorkshire Bank Plc v Hall and Others: CA 18 Dec 1998
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
Plaintiff claimed a right of common by prescription, in respect of a que estate in land, and also by thirty and sixty years’ enjoyment by the occupiers of the land. Defendant offered evidence that A., now deceased, while tenant of the land for years, had declared that he had no such right in respect of … Continue reading Bridget and Papendick v William Bridgwater: 31 May 1855
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright possession. Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. … Continue reading Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts. Held: The situation had to be looked at in the light of the particular circumstances. There … Continue reading Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004
The court was asked: ‘When local inhabitants indulge in lawful sports and pastimes on a recreation ground which has been provided for that purpose by a local authority in the exercise of its statutory powers, do they do so ‘by right’ or ‘as of right’?’ The appellant now appealed on an argument not put before … Continue reading Barkas v North Yorkshire County Council: CA 23 Oct 2012
The court was asked as to claims arising from the continued detention of the appellants following the expiry of the ‘minimum terms’ or ‘tariff periods’ of their indeterminate terms of imprisonment. The appellant prisoners said that the respondent’s failure to provide rehabilitation courses meant that they could not earn release. The lower court had rejected … Continue reading Kaiyam, Regina (on The Application of) v The Secretary of State for Justice: CA 9 Dec 2013
The council appealed against an award by the adjudicator of title by adverse possession in favour of the respondents. Held: The appeal succeeded. On any sensible analysis from the Council’s perspective, the Caunters were entitled to remain in possession of the land until such time as it chose to communicate with them to revoke it, … Continue reading Totton and Eling Town Council v Caunter and Another: ChD 11 Jun 2008
The claimant sought possession of land occupied by the defendant nomadic people. Part of the land only had been occupied by the defendants. Held: An order for possession could be granted not only of the land occupied, but also the remainder of the land. The Court of Appeal ordered that the Secretary of State ‘do … Continue reading Secretary of State for the Environment Food and Rural Affairs v Meier and others: CA 31 Jul 2008
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The court considered liability after serious injury was suffered by a professional jockey during a steeplechase. His horse threw him after landing and he collided with a guard rail. He now appealed against dismissal of his claim. Held: His appeal succeeded: ‘it is not enough for a defendant, where Regulations apply, simply to comply with … Continue reading Hide v The Steeplechase Company (Cheltenham) Ltd and Others: CA 22 May 2013
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
The judge had ruled that the evidence intended to be offered could not create offences within the 1977 Act. Verdicts of not guilty were entered. The decision was a terminating ruling. The prosecutor failed to give the appropriate section 58 undertaking on appealing. Held: Attending to the purpose of the 2003 Act, the prosecutor’s mistake … Continue reading H, Regina v: CACD 13 Feb 2008
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
Griffiths LJ discussed the bringing of cases for possession under the summary procedure provided by Order 113: ‘There will obviously be cases in which, although proceedings are started by way of a summary procedure it quickly becomes apparent that a substantial issue has to be tried. If it was apparent to the applicant that a … Continue reading Henderson v Law: CA 1985
The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971
The tenant disputed whether he had surrendered the property in the lease. Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates when the tenant is a party to a transaction that is inconsistent with the continuation of … Continue reading Tarjomani v Panther Securities Ltd: CA 1983
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site. Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore to be deposited, caravans, mobile homes or other forms of residential accommodation to be stationed, or existing caravans or … Continue reading South Cambridgeshire District Council v Persons Unknown: CA 17 Sep 2004
The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been … Continue reading Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered. Held: The lease had been surrendered by a deed. The defects in notice alleged did not affect the result. The bank’s claim under estoppel was made out. Judges: John Randall … Continue reading Hardy and others v Fowle and Another: ChD 26 Oct 2007
The defendants appealed an order refusing title by adverse possession to registered land. They denied that the limitation period had been restarted by their solicitor’s letter acknowledging the title. Held: The letter must be read as a whole. As such it was an admission of title. The requirement that the possession be adverse requires only … Continue reading Allen v Matthews: CA 13 Mar 2007
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed by Article 8 of the Convention. The aim itself … Continue reading S v United Kingdom: ECHR 1986
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
The range of considerations which any public authority should take into account in deciding whether to invoke its powers can be very wide. Judges: Mr Justice Burton Citations: [2006] EWHC 301 (Admin) Links: Bailii Cited by: Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others … Continue reading James Casey and others v Crawley Borough Council: Admn 1 Mar 2006
Action for damages by the Claimant, the owner of the motor vessel CHARLOTTE C, against the Defendant, the owner and operator of Bird Port which is in Newport. The claim is brought under the Occupiers’ Liability Act 1957 and in negligence. It is said that whilst berthed at Bird Port between 8 and 12 May … Continue reading Carisbrooke Shipping Cv5 v Bird Port Ltd: AdCt 13 Sep 2005
The company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years. Held: After serving a notice to quit the owner did not take any further steps to obtain possession, even after … Continue reading Batsford Estates (1983) Company Ltd v Taylor and Another: CA 29 Apr 2005
Land had been acquired by the trustees’ predecessors under the 1882 Act. The question was now whether it was subject to charitable trusts. Money having been received from the acquisition of the rights, a meeting had been held to determine the trusts upon which it was to be held. The express trusts were for the … Continue reading H M Attorney General v Hyde and others: ChD 5 Dec 2001
The defendant squatters sought leave to appeal an order for immediate possession. Held: (As citeable authority) MacPhail remained good law despite the passing of the 1980 Act, and an order for immediate possession was correct. Judges: Lord Justice Ward and Lord Justice Neuberger Citations: Times 18-Jan-2007 Statutes: Housing Act 1980 89 Jurisdiction: England and Wales … Continue reading Boyland and Son Ltd v Rand and Others: CA 20 Dec 2006
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
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
Trespassers occupied part of the land owned by the claimant. They now appealed agaainst an injunction preventing them unlawfully occupying any part of the claimant’s land including areas not previously occupied. Held: It was critical to determine just what land was to be protected by the proposed order. The action was in rem and would … Continue reading Drury v Secretary of State for Environment, Food and Rural Affairs: CA 26 Feb 2004
The claimant was permitted to amend the particulars of claim in an insurance dispute in order to seek declaratory relief in respect of insurance claims arising after the proceedings had started. Held: The lease had been surrendered by a deed. Judges: The Honourable Mr Justice Morison Citations: [2003] EWHC 2404 (Comm) Links: Bailii Jurisdiction: England … Continue reading British Credit Trust Holdings v UK Insurance Limited: QBD 24 Oct 2003
(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986
The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its grounds to raise funds. Held: The hospital was liable under the Act. A splat … Continue reading Gwilliam v West Hertfordshire Hospitals NHS Trust and Others: CA 24 Jul 2002
The Civil Procedure Rules have allowed the Courts to accept an amendment to introduce a cause of action arising out of facts occurring subsequent to the commencement of the proceedings. There is no absolute rule of law or practice which precludes an amendment to rely on a cause of action which accrued only after the … Continue reading Maridive and Oil Services (SAE) and Another v CNA Insurance Company (Europe) Ltd: CA 25 Mar 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights. Held: Review was refused. The probationary regime was intended to protect other tenants and the local authority from … Continue reading McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by … Continue reading Buckley v The United Kingdom: ECHR 25 Sep 1996
Income tax – Schedule D, Cases III and VI – Payments of interest and ground rent incurred when property was being developed – Whether capitalised or paid out of profits or gains brought into charge to tax – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c. 10), j. 170.The … Continue reading Fitzleet Estates Ltd v Cherry: HL 9 Nov 1977
A squatter claiming possession of land as against a local authority should not have his claim defeated because he had not completed a form which would lead to payment of community charge to the authority. His possession was not thereby made secret, and nor did he represent that nobody was in occupation of the property. … Continue reading Timothy Ellis v London Borough of Lambeth: CA 9 Jul 1999
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001
A pupil at an approved school went on an Outward Bound course including riding on a cable and pulley slung between two trees. From the cable hung a knotted rope. When the pupil got onto the rope the cable snapped, and he fell with it. He suffered serious injuries from which some years later he … Continue reading Brown v Nelson and others: 1971
The court considered the meaning of the term ‘dangerous’ in the Act. Lord Justice Clerk Cooper: ‘The question is not whether the occupiers of the factory knew that it was dangerous; nor whether a factory inspector had so reported; nor whether previous accidents had occurred; nor whether the victims of these accidents had, or had … Continue reading Mitchell v North British Rubber Co Ltd: 1945
The plaintiff sought judicial review of a refusal of a local authority to grant a liquor licence and a music and dancing licence. Review was sought despite a right of appeal to the Magistrates Court. Held: If other means of redress are conveniently and effectively available to a party they ought ordinarily to be used … Continue reading Regina v Huntingdon District Council, Ex parte Cowan: QBD 1984
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order described as ‘the current rent’. The wife defaulted on the terms … Continue reading Thompson v Elmbridge Borough Council: CA 1987
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 Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
A right to occupy for life, arising by settlement gives to the occupier an equitable interest in the land. Judges: North J Citations: (1899) 1 Ch 324 Cited by: Cited – Crancour Ltd v Da Silvaesa and Another CA 26-Feb-1986 The plaintiff sought possession of two rooms in a house occupied by the defendants separately. … Continue reading In Re Carne’s Settled Estates: 1899
Allen held a yearly tenancy of premises subject to a yearly sub-tenancy of part. The sub-tenancy was afterwards acquired by the defendant. Allen surrendered his tenancy to the freeholder who re-let the premises to the plaintiff. Neither the tenancy nor the sub-tenancy was determined by notice to quit. The plaintiff’s action for possession of the … Continue reading Mellor v Watkins: 1874
The power to make laws for ‘peace, order and good government’ was widely recognised. Section 15 of New Territories Land Court Ordinance 1900 provided: ‘All land in the New Territories is hereby declared to be the property of the Crown . . ‘. It deemed the occupiers to be trespassers unless their occupation was authorised … Continue reading Winfat Enterprise (Hong Kong) Co Ltd v Attorney-General of Hong Kong: PC 1985
The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the day after the owners returned to find the house damaged and in … Continue reading West Wiltshire District Council v Snelgrove and Snelgrove: Admn 17 Mar 1997
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
A house owner allowed occupiers in and gave a informal option for them to buy it. He later charged it and sold the property to the chargee in satisfaction of the debt. Before buying it the mortgagee enquired of the occupiers as to whether they intended to purchase the property, and their reply did not … Continue reading Habermann v Koehler and Another (No 2): CA 22 Nov 2000
A unity of possession of the land in and of the land in qua an easement exists, does not extinguish but only suspends the easement, where the party is seised in fee of the one parcel , and possessed for the residue of a term of the other. – Where a party has a right … Continue reading Thomas v Thomas: 1835
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
If a landlord seeks to recover possession of property under Order 113, he must take the risk that if the defendant raises an arguable case that he has a tenancy, the matter must go to trial. Citations: (1980) 124 SJ 513 Jurisdiction: England and Wales Cited by: Cited – Crancour Ltd v Da Silvaesa and … Continue reading Shah v Givert: 1980
The defendant was charged with doing acts calculated to interfere with the peace and comfort of residential occupiers so as to cause them to give up their occupation contrary to section 1(3)(a) of the 1977 Act. The defendant contended that he did not know that the person harassed was a residential occupier, and that accordingly … Continue reading Regina v Phekoo: CACD 1981
The Dean and Chapter of C., being rectors of a parish, leased all the tithes belonging to the rectory. The lessees filed a bill for tithe of hops against the occupiers, to which the vicar was made a party as claiming that tithe. The occupiers then file a cross-bill against the dean and chapter and … Continue reading Tooth v The Dean And Chapter Of Canterbury: 13 May 1829
The court considered the case where a tenant sublet the premises and the subtenant unlawfully retained possession following the termination of both tenancies. Held: The tenant, although himself out of possession, had not given – or restored – possession to the landlord, and he was liable to pay mesne profits. Blackburn J said: ‘The question … Continue reading Henderson v Squire: 1869
Three parties were named as the insured under a fire policy, a company occupying the insured premises, the freeholders of the premises and the bank who had a floating charge over the property of the occupiers. A question arose as to the nature of their respective interests. Held: Sir Wilfred Greene MR said: ‘That there … Continue reading General Accident Fire and Life Assurance Corporation v Midland Bank: CA 1940
No notice warning of danger was necessary on a public right of way for an obviously dangerous cliff. The Court upheld the decision of the trial judge dismissing the plaintiff’s claim for damages for serious injuries sustained from falling off a cliff. Applying Glasgow Corporation v Taylor the Court held that the occupiers were under … Continue reading Cotton v Derbyshire District Council: CA 20 Jun 1994
The court made the distinction between a mistaken belief as to the facts and a mistaken belief as to the law, pointing out that the latter ‘is, of course, not relevant or available as a ‘defence”. Citations: [1969] 1 QB 572 Jurisdiction: England and Wales Cited by: Cited – Regina v Phekoo CACD 1981 The … Continue reading Norton v Knowles: 1969
A landlord is entitled to use the summary proceedings under Order 113 if he can demonstrate his right to do so, and the court has no discretion to deny such use merely on the grounds that the proceedings are rapid and summary and that the defendants did not enter as squatters. Citations: [1975] 1 WLR … Continue reading Greater London Council v Jenkins: 1975
Where the court grants a writ of possession requiring the bailiff to put the claimant into possession of land, in principle, the bailiff will remove all those who are on the relevant land, irrespective of whether or not they were parties to the action. Citations: [1975] 1 WLR 1314 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Wandsworth County Court ex parte Wandsworth London Borough Council: 1975
The respondent travellers were in wrongful occupation of an area of woodland owned by the appellant. The appellant sought an order for possession not only to that land but also for an area of woodland in its ownership two or three miles away. The appellant argued that there was a danger that, upon eviction, the … Continue reading Ministry of Agriculture, Fisheries and Food v Heyman and others: 1989
Students occupied the administrative office part of university premises. Following an order for possession of that part, they moved to a part known as Level Six. The university then sought an order for possession of the whole of its premises. Just prior to the hearing before the judge the students vacated Level Six but left … Continue reading University of Essex v Djemal and others: CA 1980
All that is required to constitute an acknowledgement so as to defeat a claim under limitation, is that, as between himself and the paper title owner, the person in possession acknowledges that the paper title owner has the better title to the land. Whether or not a particular writing amounts to an acknowledgement depends on … Continue reading Edgington v Clark: 1963
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the alleged interference with the applicant’s rights under the article was justified under paragraph … Continue reading Ure v United Kingdom: ECHR 27 Nov 1996
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for their home, even though they had by that stage no rights in relation to it. … Continue reading P v United Kingdom: ECHR 12 Dec 1990
A claimant must show a sufficient and continuing link with a place in order to establish that it is his home for purposes of article 8. Citations: (1996) 22 EHRR CD 123 Statutes: European Convention on Human Rights 8 Cited by: Cited – London Borough of Harrow v Qazi HL 31-Jul-2003 The applicant had held … Continue reading Mabey v United Kingdom: ECHR 1996
The applicant suffered from metabolic myopathy and was 100 per cent disabled. He was allocated an apartment which he considered inadequate. He ceased paying rent for it, demanding that certain works be carried out to make it suitable for him to live in. He was evicted on the application of his public authority landlord following … Continue reading Marzari v Italy: ECHR 1999
Squatters had broken into and were in occupation of vacant premises. The plaintiff owner did not know their names. He applied for an order for possession by means of an ex parte originating summons to which there was no defendant. Service was effected by putting it through the letter box. Held: The application was refused. … Continue reading In Re Wykeham Terrace: ChD 1971
The Public Health (Scotland) Act 1897 in sec. 136 enacts-‘With respect to burghs subject to the provisions of the Burgh Police (Scotland) Act 1892, or having a local Act for police purposes, all charges and expenses incurred by or devolving on the local authority in executing this Act, . . and not recovered as hereinbefore … Continue reading Greenock Harbour Trustees v Magistrates of Greenock: HL 4 Aug 1905
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. The head landlord served a notice to terminate the lease … Continue reading Graysim Holdings Ltd v P and O Property Holdings Ltd: HL 24 Nov 1995
Citations: [2007] EWHC 90068 (Costs) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006 In each case the local authority sought to recover possession of its own land. In the Lambeth case, they … Continue reading Kay and others v Lambeth: SCCO 2 Jan 2007
Appeal by case stated by the London Borough of Hackney against the decision of the Crown Court at Southwark to allow an appeal against conviction for six offences of breach of an enforcement notice: ‘Each of the six informations charged the respondent that without reasonable excuse he failed to comply with the abatement notice which … Continue reading London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007
The claimant sought damages from the tour operator after he suffered a head injury resulting in incomplete tetraplegia after diving into a shallow swimming pool in the early hours of the morning in a resort in Greece while on a tour run by the defendant. Held: The defendants’ duty of care did not extend to … Continue reading Evans v Kosmar Villa Holidays Plc: CA 23 Oct 2007
The Minister had power to make provision by order for determining rateable values ‘by such method as may be so specified’. The formula prescribed by the Minister for dock undertakings was based on 4% of their receipts, including receipts from some parts of their property which had been let and on which the occupiers were … Continue reading Milford Haven Conservancy Board v Inland Revenue Commissioners: CA 1976
