Scottish Parliamentary Corporate Body, Re An Order Under Section 46 of The Court of Session Act 1988: SCS 27 Jul 2016
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Search Results for: Court of Session Act 1988
City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the notice. A number of informations were laid against Bovis but they were adjourned and the injunction … Continue reading City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988
John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
The House dismissed the Council’s appeal as incompetent. An opinion of the court upon questions of law given on consideration of a case stated under provisions such as those in section 3 of the 1972 Act did not constitute a ‘judgment’ within the meaning of section 40(1) of the 1988 Act. Citations: 1991 SC (HL) … Continue reading John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his house simply by reason of receiving a demand that he should quit. On … Continue reading Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
Gisborne v Burton: CA 1988
The land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the defendant. The freeholder subsequently died and his personal representatives … Continue reading Gisborne v Burton: CA 1988
Regina v McNamara: CACD 1988
In order to establish possession of a controlled drug the Crown merely had to prove that the appellant had the bag in his possession and that the bag in fact contained a controlled drug, in this case cocaine. Thereafter the burden was cast upon the appellant to bring himself within section 28 and prove, on … Continue reading Regina v McNamara: CACD 1988
McCalla, Regina v: CACD 1988
A cosh had been found in the glove compartment of the appellant’s car. He said he had picked it up a month earlier, had put it away and had forgotten about it. Held: The court reviewed the authorities on what constituted possession. Once someone had or possessed something, he continued to have or possess it … Continue reading McCalla, Regina v: CACD 1988
Morris v Liverpool City Council: CA 1988
The court was concerned with the implied statutory obligations of repair on the landlord: ‘It is common ground that the door and frame of the flat were part of the structure and exterior of the flat within the meaning of the implied statutory covenant. It is also common ground that the effect of this implied … Continue reading Morris v Liverpool City Council: CA 1988
Brickfield Ltd v Hughes: CA 1988
In considering whether a secure tenancy was lost by the tenant abandoning his residence there, the court set out the applicable principles. Where absence is more prolonged than is to be explained by holiday or ordinary business reasons and is unintermittent, the onus lies on the absent person to establish an intention to return. An … Continue reading Brickfield Ltd v Hughes: CA 1988
Webb and Barrett v London Borough of Barnet: CA 1988
The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988
Kemmis v Kemmis (Welland and Others Intervening): CA 1988
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988
Eckersley v Binnie: CA 1988
The court considered the duties of a judge considering conflicting expert evidence: ‘In resolving conflicts of expert evidence, the judge remains the judge; he is not obliged to accept evidence simply because it comes from an illustrious source; he can take account of demonstrated partisanship and lack of objectivity. But, save where an expert is … Continue reading Eckersley v Binnie: CA 1988
Regina v Ashford and Smith: CACD 1988
The defendants tried to cut the wire fence around an American Air Force base to demonstrate their opposition to nuclear weapons. They were charged with possession of an article with intent to damage property. The judge ruled that the purported reason for having the articles did not fall within the definition of a lawful excuse … Continue reading Regina v Ashford and Smith: CACD 1988
Attorney-General’s Reference (No 1 of 1988): HL 1989
The defendant received price-sensitive information. He was acquitted of ‘obtaining’ the information, the judge finding that he had done nothing positive to acquire it. On appeal the court held that no such act was required, Held: Nothing further was required than to have received the information, to be found to have obtained it. Parliament must … Continue reading Attorney-General’s Reference (No 1 of 1988): HL 1989
Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988
Citations: (1988) 20 HLR 430 Jurisdiction: England and Wales Cited by: Cited – Loveridge and Loveridge v Healey CA 20-Feb-2004 The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under … Continue reading Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988
Lloyds Bank plc v Rosset: CA 13 May 1988
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
Al-Kandari v J R Brown and Co: CA 1988
A solicitor had undertaken to look after certain passports, but failed to do so. The husband had twice previously kidnapped his children whose custody was an issue before the court. Once the husband regained the passports, he again fled with the children. Held: The court should be prepared to find a duty of care on … Continue reading Al-Kandari v J R Brown and Co: CA 1988
Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988
In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to occupy it so as to create no more than a licence. Held: Behaviour by the … Continue reading A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988
Rush and Tomkins Ltd v Greater London Council: HL 3 Nov 1988
The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the agreement so that it could pursue its own action. The council said that the document was covered by … Continue reading Rush and Tomkins Ltd v Greater London Council: HL 3 Nov 1988
Shearson Lehman Brothers Inc v Maclaine Watson and Co Ltd and International Tin Council (Intervener) (No. 2): HL 1988
Article 7(1) of the International Tin Council (Immunities and Privileges) Order 1972 provided that the ITC ‘shall have the like inviolability of official archives as in accordance with the 1961 Convention Articles is accorded in respect of the official archives of a diplomatic mission’. In the litigation which arose out of its insolvent collapse, the … Continue reading Shearson Lehman Brothers Inc v Maclaine Watson and Co Ltd and International Tin Council (Intervener) (No. 2): HL 1988
Regina v Martin (Colin): CACD 29 Nov 1988
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
Online Catering Ltd v Acton and Another: CA 10 Feb 2010
The claimant agreed for the defendant to repair its fleet of vehicles. The defendant, having fees outstanding, entered the claimants’ premises and removed vehicles saying falsely that they were to be repaired, and then refused to return them. The claimants said that they were not bound by the defendants terms saying that they had not … Continue reading Online Catering Ltd v Acton and Another: CA 10 Feb 2010
Ashburn Anstalt v Arnold (2): CA 25 Feb 1988
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
Salabiaku v France: ECHR 7 Oct 1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
R and B Customs Brokers Co Ltd v United Dominions Trust Ltd: CA 1988
There was an issue whether or not the purchase by the plaintiff of a second-hand car was made ‘in the course of a business’ so as to preclude the plaintiff from relying upon the provisions of the 1977 Act.
Held: Speaking of Lord Keith’s . .
Acts
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Wilson v Jaymarke Estates Ltd and Another: HL 20 Jun 2007
The defendant company appealed in part against a finding of unfair conduct of the company as against a minority shareholder, saying the court had been wrong to treat a payment of management charges as unfairly prejudicial. Though nothing had been done to support the charges, the defendant said that the claimant must have consented in … Continue reading Wilson v Jaymarke Estates Ltd and Another: HL 20 Jun 2007
Apollo Engineering Ltd v James Scott Ltd (Scotland): SC 13 Jun 2013
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an appeal given that he was not a party to the action. Held: The appeal … Continue reading Apollo Engineering Ltd v James Scott Ltd (Scotland): SC 13 Jun 2013
Apollo Engineering Ltd (In Liquidation) v James Scott Ltd: SCS 18 Jan 2012
The parties had for several years been involved in litigation and arbitration. Apollo’s funds had run out and a director sought permission to represent the company before the court. He had asked the court to make an order under article 6 of the European Convention on Human Rights which would allow him to represent the … Continue reading Apollo Engineering Ltd (In Liquidation) v James Scott Ltd: SCS 18 Jan 2012
3052775 Nova Scotia Ltd v Henderson: SCS 19 Sep 2006
Motion seeking an interim order under section 47(2) of the Court of Session Act 1988 to allow the pursuers to enter and possess heritable subjects at Letham Grange, by Arbroath. Judges: Lord Hodge Citations: [2006] ScotCS CSOH – 147 Links: Bailii Scotland, Land Updated: 07 July 2022; Ref: scu.245072
The Scottish Lion Insurance Company Ltd, Re Sanction of A Scheme of Arrangement: SCS 8 Mar 2006
Sanction had been sought for a scheme of arrangement on the winding up of an insurance company. There were objections. The original scheme had been proposed under English law, and it would be inappropriate for a Scottish court to try to sanction such an arrangement. Payment of et fess of Engliah lawyers was sought. Held: … Continue reading The Scottish Lion Insurance Company Ltd, Re Sanction of A Scheme of Arrangement: SCS 8 Mar 2006
Sanderson v McManus: HL 6 Feb 1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed. Held: The father could not appeal on a question of fact alone. There had been delay in the matter coming before the House. The … Continue reading Sanderson v McManus: HL 6 Feb 1997
Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001
Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not … Continue reading Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001
Girvan v Inverness Farmers Dairy and Another: HL 13 Nov 1997
(Scotland) A second re-trial in order to obtain a jury assessment of damages more in line with that assessed by judges would be wrong. Lord Clyde: ‘In a system in which damages may be assessed in different cases either by a jury or by a judge it is . .
Davidson v Scottish Ministers (No 3): HL 31 Jul 2003
Application for permission to appeal to the House.
Held: Rejected because it seeks to proceed without the prior leave of the Inner House, and ‘ In any event, the effect of the interlocutor of 11 September 2002 is that there is for the time . .
Oceanbulk Shipping and Trading Sa v TMT Asia Ltd: CA 15 Feb 2010
The parties had settled their disagreement, but now disputed the interpretation of the settlement. The defendant sought to be allowed to give in evidence correspondence leading up to the settlement which had been conducted on a without prejudice basis. Held: The evidence was not admissible. There was no additional class of situation where without prejudice … Continue reading Oceanbulk Shipping and Trading Sa v TMT Asia Ltd: CA 15 Feb 2010
Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002
The applicants appealed sentences for possession of offensive weapons. Held: The court gave guidance on the issues of relevance in sentencing. The court should follow the Sentencing Advisory Panel in considering the intentions of the defendant. Particular aggravations might be the specific planned use, any racial aggravation, or being under the influence of drugs. As … Continue reading Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002
In re Nortel Companies and Others: SC 24 Jul 2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
Kennedy v The Charity Commission: SC 26 Mar 2014
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
A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
A v British Broadcasting Corporation (Scotland): SC 8 May 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
Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Goose v Wilson Sandford and Co and Mainon: CA 13 Feb 1998
A judge was properly criticised for failing to write up a judgment when the witness’ evidence was still fresh in his mind. A two year delay required a re-trial.Peter Gibson LJ explained the potential effect of delay on the formulation and finalisation of findings of fact in these terms: ‘Because of the delay in giving … Continue reading Goose v Wilson Sandford and Co and Mainon: CA 13 Feb 1998
Gidden v Chief Constable of Humberside: Admn 29 Oct 2009
The driver appealed against his conviction for speeding, saying that he had not been given the requisite notice within the 14 days required: ‘The notice of intended prosecution had been sent to him by first class ordinary post in circumstances where he would ordinarily have been expected to receive it in 14 days, but in … Continue reading Gidden v Chief Constable of Humberside: Admn 29 Oct 2009
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. 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
Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
Boyle v Verrall: CA 9 Aug 1996
The Court’s discretion to grant a landlord possession is not limited to exceptional cases. Under Ground 1 in Schedule 2 Housing Act 1988 the landlord was entitled to recover possession from an assured tenant if he ‘requires the dwelling house as his…principal home’. Citations: Times 09-Aug-1996, [1997] 1 EGLR 25 Statutes: Housing Act 1988 Part … Continue reading Boyle v Verrall: CA 9 Aug 1996
Tomlin v Standard Telephones and Cables Ltd: CA 1969
Without prejudice material can be admitted if the issue is whether or not the negotiations resulted in an agreed settlement. Without considering the communications in question it would be impossible to decide whether there was a concluded settlement agreement or not. Once it has been decided that there is an agreement, only the material containing … Continue reading Tomlin v Standard Telephones and Cables Ltd: CA 1969
AB v Her Majesty’s Advocate: SC 5 Apr 2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago: PC 1 Apr 2004
PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court’s delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial delay in the appeal, and at one point a judge had died after hearing the application but before he had delivered … Continue reading Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago: PC 1 Apr 2004
Re International Tin Council: CA 1989
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up. Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. … Continue reading Re International Tin Council: CA 1989
Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act. Held: However unattractive the point made by … Continue reading Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007
Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
Crown Estate Commissioners v Roberts and Another: ChD 13 Jun 2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration. Held: Lewison J explored the history of manorial holdings and how the Welsh land holding systems had been incorporated under English law. The claimant had established a right … Continue reading Crown Estate Commissioners v Roberts and Another: ChD 13 Jun 2008
JIS (1974) Ltd v MCP Investment Nominees I Ltd: CA 9 Apr 2003
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the landlord said that vacant possession of the whole was required. Held: … Continue reading JIS (1974) Ltd v MCP Investment Nominees I Ltd: CA 9 Apr 2003
S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, and that arrears of payable housing benefits would clear the debt. Held: The appeal … Continue reading S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008
McDonald v McDonald and Others: SC 15 Jun 2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016
Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Ofulue and Another v Bossert: CA 29 Jan 2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
Twentieth Century Banking Corporation Ltd v Wilkinson: ChD 1977
Property was charged in 1973. The principal was be repayable in 1988 with interest. There was no provision by which a default made the power of sale exercisable or the advance repayable. When the borrower defaulted, the mortgagee had to apply to court for an order for sale in lieu of foreclosure under section 91(2) … Continue reading Twentieth Century Banking Corporation Ltd v Wilkinson: ChD 1977
Accent Peerless Ltd v Kingsdon and Another: CA 12 Dec 2007
The tenants appealed an order for possession of their assured property. The order had been made on the basis that their behaviour constituted a nuisance under Ground 14. They suffered post traumatic stress disorder, and were acutely sensitive to noise leading to them make many complaints about their neighbours. They said that the court should … Continue reading Accent Peerless Ltd v Kingsdon and Another: CA 12 Dec 2007
White v Knowsley Housing Trust and Another: CA 2 May 2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 2007
Vesely v Levy and others: CA 27 Apr 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
BP Properties Ltd v Buckler: CA 31 Jul 1987
The putative owner of the paper title wrote to the defendant who occupied the relevant property in October 1974 as follows: ‘Since we wish to help you as much as possible we are prepared to allow you to remain in occupation of the house and garden rent free for as long as you may wish … Continue reading BP Properties Ltd v Buckler: CA 31 Jul 1987
Evans v Fleri: Misc 18 Apr 2019
(Cardiff County court) The court was asked whether a landlord who is not a licenced landlord under Welsh housing law can serve and rely upon a notice (the section 21 notice) under section 21 of the Housing Act 1988 (the 1988 Act) and so to claim possession of a dwelling located wholly in Wales let … Continue reading Evans v Fleri: Misc 18 Apr 2019
Garrett v Halton Borough Council: CA 18 Jul 2006
Citations: [2007] 1 WLR 554, [2006] EWCA Civ 1017 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Access to Justice Act 1999 27(1) Jurisdiction: England and Wales Citing: Cited – Mountain v Hastings CA 16-Apr-1993 The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord … Continue reading Garrett v Halton Borough Council: CA 18 Jul 2006
Laine v Cadwallader: CA 26 May 2000
The landlord granted an assured shorthold tenancy for six months fixed at andpound;390 ‘per calendar month payable every two months in advance’. Clause 5 allowed the tenant to terminate the agreement with ‘at least one month’s written notice’. The tenant left, putting the keys through the landlord’s letterbox. The landlord claimed the arrears of rent, … Continue reading Laine v Cadwallader: CA 26 May 2000
Taylor v OCS Group Ltd: CA 31 May 2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005
The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes … Continue reading Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005
Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
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
Steven We Ping Wall v Sheffield City Council: CA 23 Mar 2006
The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section 113, and that in any event he had not occupied the property … Continue reading Steven We Ping Wall v Sheffield City Council: CA 23 Mar 2006
Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage – financial award ; Costs and expenses partial awardThe claimant company alleged that its human rights had been violated in that it had been ordered to pay … Continue reading Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003
Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession. Held: At the disciplinary proceedings: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and … Continue reading Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006
Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006
Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in ordering the search was the one later who decided on their complaint that it was unlawful. Held: … Continue reading Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
Gartside v Inland Revenue Commissioners: HL 13 Dec 1967
Before his death, the deceased had advanced sums to his sons. The House was asked whether they were liable to Estate Duty. Held: Lord Reid said: ‘no object of a discretionary trust has, as such, any legal right to or in the capital’, although he may possess limited equitable rights against the trustee; ‘mere expectancy … Continue reading Gartside v Inland Revenue Commissioners: HL 13 Dec 1967
A v B: FD 31 Jul 2000
Husband and wife pursued ancillary relief applications, but an issue arose as to copyright, and it was transferred to Chancery. W kept a personal diary. H read it after W said she wanted a divorce. He read passages and had extracts photocopied before returning it. He still retained two pairs of copies and a further … Continue reading A v B: FD 31 Jul 2000
Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
Regina v Muhamad: CACD 19 Jul 2002
The appellant had been convicted of an offence under the section in that as a bankrupt, he ‘in the two years before the petition, materially contributed to, or increased the extent of, his insolvency by gambling or by rash and hazardous speculations’. The actus reus – the bankruptcy petition and the bankruptcy to which it … Continue reading Regina v Muhamad: CACD 19 Jul 2002
Regina v Soneji and Bullen: HL 21 Jul 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005
The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate. Held: The limitation period against a personal representative began to run only after one year, the executor’s year, after the grant. No … Continue reading Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005
Wang, Regina v: HL 10 Feb 2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified … Continue reading Wang, Regina v: HL 10 Feb 2005
Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord’s notice had irrevocably been deemed to have been served and on the day it was posted. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
Clore v Macnicol: CA 13 Jul 2004
Whether assured tenant or assured shorthold tenant. The tenant appealed against an order for possession. The tenant’s mother had been a statutory tenant under the 1997 Act. The tenant said that she had succeeded to that tenancy as an assured tenant, having been living with her mother at the date of her death and for … Continue reading Clore v Macnicol: CA 13 Jul 2004
Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004
The Society had repossessed and sold the mortgagors’ house in 1990. It knew then that there was a shortfall, but took no further recovery proceedings until 2002. What was the date from which the relevant limitation period began to run? Though the deed provided for payment of monthly instalments, it did not include an express … Continue reading Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004
Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
Pulleng v Curran: CA 1980
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them. Held: The tenant had failed to establish that the business use had ceased. The court also his argument that, if his business use had ceased, he was protected … Continue reading Pulleng v Curran: CA 1980
Thompson v Regina: CACD 26 Mar 2004
The defendant had been convicted of offences of possessing a large number of indecent images of children. Held: In such cases, the prosecution should frame the charges following the classification in R v Oliver, with a small number of representative charges out of each category with a comprehensive charge for the balance. The defence should … Continue reading Thompson v Regina: CACD 26 Mar 2004
Lavelle v Lavelle and others: CA 11 Feb 2004
Property had been purchased in the name of of the appellant by her father. She appealed a finding that the presumption of advancement had been rebutted. Held: The appeal failed. The presumption against advancement had been rebutted on the evidence. The court at first instance should keep a record of why a costs decision was … Continue reading Lavelle v Lavelle and others: CA 11 Feb 2004
Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry. Held: The court had no power to make an order to allow access for this purpose:’ truth what the Council is doing is to point to deficiencies … Continue reading Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004
Kelleher, Regina v: CACD 20 Nov 2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher. Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court could direct a jury to convict. Despite the possible defects in the direction, … Continue reading Kelleher, Regina v: CACD 20 Nov 2003
Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
Jolie v Regina: CACD 23 May 2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
