The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
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
Citations: [1996] EWHC Admin 287 Links: Bailii Statutes: Control of Pollution Act 1974 60 Jurisdiction: England and Wales Environment Updated: 26 November 2022; Ref: scu.136835
The claimants succeeded in their applications for asylum, and then applied for housing assistance. They now appealed refusal of such assistance. The issue was how the authority had treated their medical evidence in the review process. Mrs Shala was receiving treatment for depression. Held: The appeal succeeded. Housing authorities should be careful not to hide … Continue reading Shala and Another v Birmingham City Council: CA 27 Jun 2007
Appeal against dismissal of challenge to finding that intentionally homeless. Judges: Lightman J Citations: [2007] EWCA Civ 604 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 23 November 2022; Ref: scu.253705
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had moved into premises which she found she could not afford and lost. She said … Continue reading F v Birmingham City Council: CA 2 Nov 2006
Whether the County Court has jurisdiction to grant an interlocutory injunction requiring a local authority to provide accommodation for a person who is proceeding with an appeal under s 204 of the Housing Act 1996 against a review decision made under s 202 of the Act. Citations: [1998] EWCA Civ 1288, [1999] 1 WLR 384 … Continue reading Ali v Lord Mayor and Citizens of City of Westminster: CA 24 Jul 1998
The applicant sought to be rehoused. On review it was decided that she was intentionally homeless. She asked the authority to review that decision (a re-review). The authority said it had no power so to do. She had a right to appeal on a point of law only. Held: The relief claimed was based entirely … Continue reading Regina v Lord Mayor and Citizens of City of Westminster ex parte Ellioua: CA 2 Jul 1998
The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’ Held: His appeal from … Continue reading Samin v City of Westminster: CA 21 Nov 2012
The failure to comply with the right to have three councillors to hear an appeal was breach of the employers procedure, but the dismissal remained fair. The non-compliance did not itself and necessarily make the procedure unfair. Citations: Times 08-May-1996, Gazette 10-Jul-1996 Statutes: Employment Protection (Consolidation) Act 1978 57(3) Jurisdiction: England and Wales Employment Updated: … Continue reading Westminster City Council v Cabaj: CA 8 May 1996
A break clause was mutual but contained a proviso making it clear ‘for the avoidance of doubt’ that the lessor’s right to determine the term ceased if the lessee assigned its interest in the lease prior to the expiration of the tenth year of the term: ‘5.09 If either the Lessor or the Lessee (here … Continue reading Max Factor Ltd v Wesleyan Assurance Society: CA 1996
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying. Citations: Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996
The applicant was a twenty four year old woman with a history of drug addiction and alcoholism. There was in fact suitable hostel accommodation available which had been offered to the applicant at the relevant time and it was hard to see why she needed the remedy of judicial review. She sought leave to appeal … Continue reading Ortiz v City of Westminster: CA 1994
The claimant appealed against dismissal of his claim that the property offered to him under the 1996 Act was properly and reasonably rejected by him. Judges: Ward, Lloyd., Kitchin LJJ Citations: [2011] EWCA Civ 1406 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 28 September 2022; Ref: scu.449030
Appeal from possession order against applicant granted assistance under homelessness provsions. Judges: Eady J Citations: [2011] EWHC 2857 (QB) Links: Bailii Statutes: Housing Act 1996 193 Housing Updated: 26 September 2022; Ref: scu.448159
The claimant who the defendant accepted lived in severely overcrowded conditions with his family, said that the defendant’s allocation policy was unlawful in debarring tenants such as himself who were in rent arrears from being allocated a property, and/or that the policy was being unlawfully implemented. Judges: Nicol J Citations: [2011] EWHC 1756 (Admin) Links: … Continue reading Babakandi v Westminster City Council: Admn 6 Jul 2011
Judges: Tuckey, Rix LJJ, Wilson J Citations: [2005] EWCA Civ 796 Links: Bailii Statutes: Housing Act 1996 193 Jurisdiction: England and Wales Housing Updated: 02 September 2022; Ref: scu.228791
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who were awaiting appeal. Held: Leaving asylum applicants without benefits defeated the purpose of the asylum laws. … Continue reading Regina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants: CA 27 Jun 1996
Second challenge to the treatment of the claimant in her application for housing as a homeless person. Judges: Mummery, Etherton, Sullivan LLJ Citations: [2010] EWCA Civ 1334 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 27 August 2022; Ref: scu.426476
Judges: Lord Woolf of Barnes LCJ Citations: [2001] EWCA Civ 216, [2001] EHLR 16, [2001] NPC 56 Links: Bailii Statutes: City of Westminster Act 1996 Jurisdiction: England and Wales Local Government, Licensing Updated: 09 August 2022; Ref: scu.218030
The appellant and his family sought rehousing. The appellant’s wife had a medically-confirmed history of anxiety due to fear of heights. They were offered a flat on the 16th floor. She became distressed on leaving after the inspection and collapsed at the lift, and an ambulance had to be called. Held: The council’s decision that … Continue reading El-Dinnaoui v Westminster City Council: CA 20 Mar 2013
Housing allocation policy Judges: Judge Blair QC sitting as a High Court judge Citations: [2015] EWHC 1765 (Admin), [2015] PTSR 1339, [2015] WLR(D) 266 Links: Bailii, WLRD Statutes: Housing Act 1996 166A Jurisdiction: England and Wales Housing, Local Government Updated: 13 July 2022; Ref: scu.549389
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’ Held: The gist of the crime of blasphemous libel is material relating to the Christian religion, or its … Continue reading Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007
Citations: [1996] EWHC Admin 41 Statutes: Environmental Protection Act 1990 80(4), Control of Pollution Act 1974 60(8) Jurisdiction: England and Wales Citing: Cited – A Lambert Flat Management Ltd v Lomas 1981 The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) … Continue reading AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996
Citations: [1996] EWHC Admin 45 Statutes: London Local Authorities Act 1990 38(1)(a) Jurisdiction: England and Wales Licensing, Crime Updated: 10 July 2022; Ref: scu.136593
The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children. Held: The Act was inconsistent with her right to family life. The declaration of incompatibility was upheld. The section was an … Continue reading Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council: CA 14 Oct 2005
The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012
LT PRACTICE – leasehold enfranchisement -application for extension of time and adjournment of hearing – appellants required to show cause why appeal should not be dismissed – whether appellants failed to pursue the appeal with due diligence – whether appellants failed to comply with any provisions of Lands Tribunal Rules – Lands Tribunal Rules 1996, … Continue reading Rees-Davies v City of Westminster: LT 28 Sep 2001
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
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
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
Priority housing need applicant must show some partial dependency of children. Citations: Times 03-Oct-1996 Statutes: Housing Act 1985 58(1)(b) Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88295
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. Citations: Gazette 01-Nov-1995, Times 20-Oct-1995, Independent 11-Oct-1995 Statutes: Housing Act 1985 65 Jurisdiction: England and Wales Citing: Appealed to – Regina … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia: QBD 11 Oct 1995
Loss of a house from ignorance of benefit rules was not deliberate homelessness. Citations: Times 16-Jul-1996, (1996) 29 HLR 389 Statutes: Housing Act 1985 60(3) 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 Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996
‘These two applications for judicial review were heard together and raise the identical issue of law, namely the effect of section 9(2) of the Asylum and Immigration Act 1996 upon an application for housing made to a local authority before the date when the section came into force (19 August 1996).’ Judges: Stephen Richard HHJ … Continue reading Regina v London Borough of Southwark ex parte Bediako and City of Westminster ex parte Zafru: Admn 19 Feb 1997
The Pensions Ombudsman may not order trustees of a pension scheme to pay compensation which was ultra vires the scheme. Citations: Times 12-Mar-1996 Statutes: Pensions Act 1993 Jurisdiction: England and Wales Cited by: Cited – Hillsdown Holdings plc v Pensions Ombudsman 1997 The court had to answer the question of whether the Pensions Ombudsman could … Continue reading Westminster City Council v Haywood and Another: ChD 12 Mar 1996
The claimant sought emergency rehousing saying that he was a vulnerable person within section 189. The court at first instance had overturned the rejection of his claim by the authority. Held: The test set out in the statute was to be followed strictly. It asked whether, if he was left homeless he would be less … Continue reading Griffin v Westminster City Council: CA 28 Jan 2004
The child sought review of the respondent’s decision not to provide education other than at one school. He had been suspended, but his father refused to allow him to return complaining of the effects of bullying. Held: The condition of being bullied, including its effects could not be equated with ‘illness’ as a valid reason … Continue reading Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004
The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003
The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of protecting the rights of others. Held: The provision of a system which would allow … Continue reading Wingrove v The United Kingdom: ECHR 25 Nov 1996
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim … Continue reading Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997
A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed. Held: The statute gave two grounds for appeal, and an appeal on other grounds was not to be allowed. The fact that a court would have wide discretion on a successful appeal … Continue reading Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza: Admn 31 Mar 2000
The tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, because it would not get planning permission for the change of use (the tenant was … Continue reading Regina (Westminster City Council) v British Waterways Board: HL 1985
Citations: [1996] EWHC Admin 266 Links: Bailii Citing: Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984 The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to … Continue reading Swan v Secretary of State for Environment; Rhys Evans; Barry George Evans and Rhian Elizabeth Marilyn Jones: Admn 22 Nov 1996
The plaintiff requested that an enforcement notice should be quashed. Two earlier decision notices had already been quashed. At issue was a houseboat constructed on a floating wooden raft. There was an existing use certificate for a houseboat. Was it a houseboat or floating house? The inspector had taken a definition of houseboat from the … Continue reading Sussex Investments Limited v The Secretary Of State For The Environment, Spelthorne Borough Council: Admn 28 Oct 1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
Destitute asylum-seekers could derive benefit from section 21. Held: ‘The destitute condition to which asylum-seekers can be reduced as a result of the 1996 Act coupled with the period of time which, despite the Secretary of State’s best efforts, elapses before their applications are disposed of means inevitably that they can fall within a class … Continue reading Regina v Westminster City Council and others ex parte M, P, A and X: CA 1997
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
Citations: [1996] EWHC Admin 23 Jurisdiction: England and Wales Citing: Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984 The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such … Continue reading Mobil Oil Company Limited v Secretary of State for Environment; Wycombe District Council and Safeway Stores Plc: Admn 9 Jul 1996
When a local authority served notice on the operator of a licensed sex establishment, of its intention to apply for a closure notice, but there were other occupiers of the premises, it was not necessary to serve notice on each of them, provided that the application came to their attention in such a way as … Continue reading Westminster City Council v Mendoza: CA 22 Mar 2001
A person offered temporary housing, on being acknowledged to be homeless, could not accept the offer and then claim it was unsuitable. The duty was satisfied when the offer was accepted. However the authority must make this clear to the applicant when confirming the offer. The applicant would then face an uncomfortable choice of accepting … Continue reading Alghile v Westminster City Council: CA 2 Mar 2001
It is for the court itself to declare when a decision is final as a matter of fact. Citations: Times 24-Jul-1996 Jurisdiction: England and Wales Litigation Practice Updated: 05 May 2022; Ref: scu.78454
Whether the appellant was intentionally homeless within the meaning of section 191 of the Housing Act 1996 Judges: Lord Justice Lewis Citations: [2020] EWCA Civ 1587 Links: Bailii Statutes: Housing Act 1996 191 Jurisdiction: England and Wales Housing Updated: 04 May 2022; Ref: scu.656356
The court ruled that under RSC Order 55 Rule 8, the tribunal could not appear in the High Court because they were not a party to a statutory appeal from one of their decisions, but added: ‘But the court has ample power to permit the tribunal to appear and be heard in appropriate matters. Where, … Continue reading S v Special Educational Needs Tribunal and the City of Westminster: QBD 1996
Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within s59. Held: Such destitution was capable of being a reason within the Act, and the appeal against … Continue reading Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996
A dispute between neighbours was settled by a deed with the following clause: ‘IT IS HEREBY AGREED AND DECLARED that notwithstanding that the Building Owners have placed windows in that part of their new buildings which overlook the premises occupied by the adjoining owner no right or easement of light or air exists in respect … Continue reading Marlborough (West End) Ltd v Wilks Head and Eve: ChD 20 Dec 1996
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
Judges: Keith J Citations: [2003] EWHC 2266 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Citing: See Also – 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 … Continue reading Morris, Regina (on the Application of) v Westminster City Council: Admn 13 Oct 2003
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
The appellant had been provided with emergency accommodation after losing her assured shorthold tenancy, but the court was now asked ‘whether the council adopted the correct approach in determining that the accommodation was ‘affordable’ for those purposes.’ Held: Her appeal was granted. The 1996 Order requires the authority to take into account all sources of … Continue reading Samuels v Birmingham City Council: SC 12 Jun 2019
The applicant was an alcoholic and had in 1980 been hit by a motor vehicle and suffered a severe head injury. He sought judicial review of the respondent’s failure to house him. Held: The appeal was allowed: ‘The question we have to consider is whether or not the applicant is vulnerable and secondly whether the … Continue reading Regina v Waveney City Council, ex parte Bowers: CA 25 May 1982
Floyd LJ [2015] EWCA Civ 1448 Bailii Housing Act 1996 England and Wales Housing Updated: 10 January 2022; Ref: scu.560434
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
The Claimant challenged the Defendant’s decisions to refuse to exercise its discretion under section 188(3) of the Housing Act to secure that accommodation is available to the Claimant pending the outcome of its review of her application for assistance under Part 7 of the Housing Act 1996. John Bowers QC [2015] EWHC 2515 (Admin) Bailii … Continue reading Barrett, Regina (on The Application of) v City of Westminster Council: Admn 28 Jul 2015
Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this. Held: The LA’s appeal succeeded. ‘Against the background of the detailed scheme established by or … Continue reading UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018
Builder’s Guarantee Ultra Vires LA The council set out to provide a swimming pool using powers under s.19 of the 1976 Act. Purporting to use powers under s.111 of the 1972 Act, it set up a company to develop a site by building a leisure pool and time-share units, with a view to selling the … Continue reading Credit Suisse v Allerdale Borough Council: CA 20 May 1996
[2003] EWHC 1350 (Admin) Bailii Housing Act 1996 184 England and Wales Housing, Local Government Updated: 28 December 2021; Ref: scu.185326
The authority accepted that it owed a duty to house the appellant, and that she was unable to afford the rents payable on housing within the district after reductions in housing benefits. She was offered but refused, housing im Milton Keynes. Moore-Bick VP CA, Black, Vos LJJ [2014] EWCA Civ 1383, [2015] HLR 1, [2015] … Continue reading Nzolameso v City of Westminster: CA 22 Oct 2014
Use of the private rented sector by local housing authorities in causing their duty under s. 193(2) of the Housing Act 1996 to cease. [2021] EWCA Civ 1688 Bailii England and Wales Housing Updated: 22 December 2021; Ref: scu.669790
The tenant had applied to the landlord for consent to assign certain leases. The court had declared the right to exercise break clauses in certain leases as lost. The court had found the right to be lost after the assignment of the leases by the original tenant, that the exercise of a break clauses limited … Continue reading JBW Group Ltd v Westminster City Council: CA 12 Mar 2010
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The removal of a listed building’s chimney stacks was an alteration allowing a claim for compensation. The phrases ‘alteration’ and ‘demolition’ are mutually exclusive. Although part of a building may be a listed building, a part of a listed building cannot itself be a listed building. Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord … Continue reading Shimizu (UK) Ltd v Westminster City Council: HL 11 Feb 1997
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
A desire to attend at a mosque and to be near a Muslim school was insufficient local connection to make the local authority responsible for re-housing the applicant. Times 15-Apr-1996 Housing Act 1967 61 67 England and Wales Housing Updated: 31 October 2021; Ref: scu.88294
The claimant said that he was homeless and in priority need. He was seeking judicial review of the Council’s decision otherwise and now sought continuation of an order that he be provided with housing until the review at least was heard. . .
The claimant had been found to be homeless, but had refused accommodation offered outside the borough saying that it would not allow medical treatment for his son. . .
The Council had taken leases of properties from a Housing Association to provide accomodation to the homeless, satisfying its statutory duties. The tenant B was said to be a non-secure tenant, but the tenancy agreement did not reflect the terms of . .
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The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment. Held: The section gave the authority a wide discretion which should be respected. The authority had acted lawfully. Citations: … Continue reading Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999
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
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
The defendants appealed an injunction which prevented them soliciting business from any customer of the claimant for one year, granted pursuant to a restrictive covenant contained in a franchise agreement. Held: The injunction was discharged. The claimant had deducted more than was due to it during the franchise, and was in breach. This amounted to … Continue reading Stone and Another (T/A Tyre 20) v Fleet Mobile Tyres Ltd: CA 31 Aug 2006
The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not. Held: It could not, Knox J said: ‘there is a real distinction between ordering compensation for inconvenience and distress caused by maladministration as an adjunct to the power to remedy injustice caused by maladministration which … Continue reading Hillsdown Holdings plc v Pensions Ombudsman: 1997
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
Fears of local residents about application for bail hostel were relevant when deciding planning application; impact on neighbours. Judges: Hirst, Swinton Thomas, Pill LJJ Citations: Times 01-Dec-1997, [1997] EWCA Civ 2682, (1998) 10 Admin LR 297, (1998) 76 P and CR 589, [1998] JPL 388, [1997] NPC 157 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading West Midlands Probation Committee v Secretary of State for Environment and Walsall Metropolitan Borough Council: CA 7 Nov 1997
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003
The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor stated what works were required to be undertaken to cure it. Held: There were competing decisions, … Continue reading Budd v Colchester Borough Council: CA 30 Jan 1997
The existence of a planning permission did not excuse the causing of a nuisance by the erection of a pighouse. The permission was not a statutory authority, and particularly so where it was possible it had been procured by the supply of inaccurate and incomplete information. The court considered the function of a gate: ‘The … Continue reading Wheeler and Another v JJ Saunders Ltd and Others: CA 19 Dec 1994
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such offer. Having rejected it as unsuitable, she was given notice to quit the temporary accomodation. She then … Continue reading Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme. Held: Since the calculations employed would have been carried out for others whether or not the instant pension scheme … Continue reading Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the reference and of making numerous errors of law, in respect of each of which they were obviously … Continue reading Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
