The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives. Citations: Times 08-Jun-1995, Independent 07-Jun-1995 Statutes: Water Industry Act 1991 68(1)(a) Jurisdiction: England and Wales Environment, Utilities, European Updated: 21 January 2023; Ref: scu.87792
A Local Authority has no power to change a tree preservation order to ‘woodland’ on the making of the order. Citations: Times 18-Jul-1995 Statutes: Town and Country Planning Act 1990 199-1 Jurisdiction: England and Wales Environment, Land, Local Government Updated: 21 January 2023; Ref: scu.80390
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. Citations: Times 26-Oct-1995, Independent 20-Oct-1995 Statutes: Electricity Act 1989, Maastricht Treaty Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: CA 20 Oct 1995
The Inspector had found that the landowner had, by overt acts directed at users of the way in question, including the erection of locked gates and of fencing and of notices, disproved any intention on his part to dedicate. Held: The landowner’s appeal succeeded. Laws J reflected on the conjunction in the statutory scheme of … Continue reading Jacques v Secretary of State for the Environment: CA 1995
The plaintiff complained at the defendant’s garage, half of which had been built on the plaintiff’s land. The judge had awarded damages in lieu of a mandatory injunction for its removal. The Council appealed. Held: Where a landowner had been ‘totally dispossessed by the defendant’s ‘encroaching building’ the plaintiff was entitled ‘as of right to … Continue reading Harrow London Borough Council v Donohue: CA 1995
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
A solicitor’s practice could be an A2 use despite the use of appointments systems. The actual use may vary. Citations: Times 13-Nov-1995 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.82664
The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995
The grant of a temporary planning consent destroys the possibility of granting an existing use certificate. Citations: Gazette 22-Feb-1995, Times 03-Jan-1995, Ind Summary 27-Feb-1995 Statutes: Town and Country Planning Act 1990 191 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.78080
A land-owner laid a tarmac surface on a path within the National Park. This was held to be an improvement required for the right of way. The fact that works constituted an alteration did not avoid the protection given as an improvement. Citations: Gazette 09-Jun-1999, [1999] EWCA Civ 1484, [1999] 3 PLR 108 Statutes: Town … Continue reading Cowen v Secretary of State for Environment Peak District National Park Authority: CA 26 May 1999
The company owned a listed residential property with temporary permission for office use. The local authority required the building to be returned to residential use when the permission expired. The company argued that continued office use would allow them to undertake works to enhance its architecural features, and that the inspector had failed to consider … Continue reading Heatherington (UK) Ltd v Secretary of State for the Environment: 1995
Laws pointed out that the law on dedication of had moved forward, saying: ‘Taking the passage cited from Scott LJ in Jones v Bates as a full and convenient description of the common law, it seemed that the material change effected by the statute of 1932 (and carried through to the Act of 1980) did … Continue reading Jaques v Secretary of State for the Environment: 1995
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law. Held: N’s appeal failed. ‘A track can become a highway by reason of the dedication of the right of passage to the … Continue reading Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
Judges: Phillips J Citations: (1975) 31 P and CR 120 Jurisdiction: England and Wales Citing: Cited – Re Poyser and Mills’ Arbitration 1963 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 … Continue reading Hope v Secretary of State for the Environment: 1975
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
The court considered whether a pathway had become a public highway. Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that during the relevant 20 year period the landowner should not only prove that negative … Continue reading Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs: CA 19 Dec 2005
The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway. Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. … Continue reading Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997
A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land. Citations: Gazette 05-Mar-1997, Times 25-Feb-1997 Statutes: Local Government Act 1972 68 Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council QBD 14-Dec-1995 … Continue reading Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: CA 25 Feb 1997
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer. Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though the land did not belong to the defendant, it was enough … Continue reading Express Ltd v The Environment Agency: QBD 15 Jul 2004
Contamination below the maximum set limits can still be pollution. A dry watercourse is controlled water, as are streams and drains. Pollution is an ordinary English word defined in the Oxford English Dictionary as ‘to make physically impure, foul or filthy, to dirty, stain, taint or re-foul’. It is therefore not necessary to show that … Continue reading Regina v Dovermoss Ltd: CACD 8 Feb 1995
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind. Citations: Gazette 06-Jan-1993 Jurisdiction: England and Wales Cited by: Appeal from – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others HL 25-May-1995 There had been an application in … Continue reading Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others: CA 4 Aug 1994
Judges: Mr Justice Blair Citations: [2014] EWHC 1638 (Admin), [2014] WLR(D) 225, [2014] Env LR 27, [2014] 1 WLR 3753 Links: Bailii, WLRD Statutes: Environment Act 1995 Jurisdiction: England and Wales Criminal Practice, Environment Updated: 25 October 2022; Ref: scu.525770
‘Causing’ polluting of water may be committed jointly as a result of combining different acts. A lack of maintenance can make a sewage system operator guilty of causing a leak. Citations: Gazette 08-Mar-1995, Independent 31-Jan-1995, Times 26-Jan-1995 Statutes: Water Act 1989 107 Jurisdiction: England and Wales Environment Updated: 13 September 2022; Ref: scu.77966
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996
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
Interim injunction discharged because specific performance action was crown proceedings. Citations: Times 16-Nov-1995 Statutes: Crown Proceedings Act 1947 23(2)(a) Jurisdiction: England and Wales Land Updated: 14 August 2022; Ref: scu.80552
The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who use it the facilities required for day-to-day private domestic existence. McCullough … Continue reading Gravesham Borough Council v Secretary of State for the Environment: QBD 1982
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated. Held: The Board of the Council did have power to grant an interim injunction to preserve the situation pending a final ruling. That power derived from the power of any … Continue reading Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2): PC 13 Aug 2003
QBD A local authority has no power to close a road to control pollution from motor vehicles. Air pollution danger from traffic was not a sufficient ‘likelihood of danger.’ Citations: Ind Summary 29-Jan-1996, Times 29-Dec-1995 Statutes: Road Traffic Regulation Act 1984 14 Jurisdiction: England and Wales Road Traffic, Environment Updated: 25 July 2022; Ref: scu.86767
It is an implied term in a contract of employment that employers should reasonably and promptly afford employees a reasonable opportunity to obtain redress of any grievance. Morison J said: ‘It is clear therefore that Parliament considered that good industrial relations requires employers to provide their employees with a method of dealing with grievances in … Continue reading W A Goold (Pearmak) Ltd v McConnell and Another: EAT 28 Apr 1995
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant. Held: Paragon Finance overruled the whole of the decision in Hayes v. Dowding and that the commentary in Phipson more … Continue reading Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs: TCC 12 Dec 2008
The Agency had sought the connection of an entire village to the public sewer. The Act provided that such an obligation might exist where there was a threat to environment or amenity. The water company sought judicial review of the decision. Held The contention sought by the Agency would give rise to irrational results, including … Continue reading Environment Agency v Anglian Water Services Ltd: CA 31 Jan 2002
The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim. Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which … Continue reading Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd: EAT 18 Jan 2002
ECFI Nuclear tests conducted by a Member State – Application for interim relief -Article 34 of the EAEC Treaty – Application for suspension of the operation of a Commission decision regarding nuclear tests. In principle, the issue of the admissibility of the main action should not be examined in proceedings relating to an application for … Continue reading Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995
ECJ 1. Persons other than the addressees may claim that a decision is of individual concern to them only if that decision affects them by reason of certain attributes which are peculiar to them, or by reason of factual circumstances which differentiate them from all other persons and thereby distinguish them individually in the same … Continue reading Greenpeace and others v Commission: ECFI 9 Aug 1995
The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
Europa In exercising its powers under Articles 155 and 169 of the Treaty, the Commission, when bringing an action for failure to comply with obligations under the Treaty, does not have to show that there is a specific interest in bringing the action. Article 169 is not intended to protect the Commission’ s own rights. … Continue reading Commission v Germany: ECJ 11 Aug 1995
Over a long period of time the applicants had deposited large quantities of waste on their land to hard standings and tracks. They were served with enforcement notices alleging a change from agricultural use, to agricultural use with waste deposit, and unauthorised engineering and other operations in creating a hard standing, or that it was … Continue reading Taylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council: CA 31 Jul 2001
Citations: [2000] EWHC Admin 406 Links: Bailii Statutes: Water Industry Act 1991, Environment Act 1995 Utilities, Environment Updated: 29 May 2022; Ref: scu.140222
Citations: [2019] EWHC 443 (Admin) Links: Bailii Statutes: Environment Act 1995 Jurisdiction: England and Wales Environment, Crime Updated: 26 May 2022; Ref: scu.634207
The guidance in the policy document considered did not conflict with the requirements of the Act. Citations: Times 09-Dec-1995 Statutes: Local Government Act 1992 13-5 Jurisdiction: England and Wales Local Government Updated: 26 May 2022; Ref: scu.87798
The applicant sought to quash an enforcement notice, regarding a change of use from residential to mixed residential and holiday accommodation. The change had taken in respect of several units over a long period of time. The inspector sought to bring them together and by treating them as one unit, he brought the development within … Continue reading T A J Moore v The Secretary of State for the Environment, The New Forest District Council: Admn 25 Oct 1996
The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority issued an enforcement notice alleging a material change of use from residential to mixed … Continue reading Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998
The council tenant plaintiff alleged a statutory nuisance against the council in the form of condensation, damp and mould in his flat. When it came to the hearing the damp had abated. The magistrates asked whether it was likely to recur. The council replied that they had offered to install heaters in the property which … Continue reading Carr v Hackney London Borough Council: QBD 9 Mar 1995
The court asked whether the four year enforcement rule applied in respect of subdivision of a larger building to create single dwelling houses or applied only in the case of conversion of a single building to single dwelling houses. Held: It applies to subdivision. The concept of the planning unit has no part to play … Continue reading Van Dyck v Secretary of State for the Environment: CA 1993
A building had been erected under permission for a ‘weekend and holiday chalet’. In response to an enforcement notice served in relation to an extension to it, the Appellant submitted that the extension was permitted development because the building was in truth a dwelling-house. Held: Whether it was or was not a dwelling-house was a … Continue reading Gravesham Borough Council v Secretary of State for the Environment: 1984
A churning up by a boat of mud and silt already present on a river bed was no offence. Citations: Times 21-Nov-1995 Statutes: Water Resources Act 1991 85 Jurisdiction: England and Wales Environment Updated: 15 May 2022; Ref: scu.84189
There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision letter was defective in failing to deal with issues of urban regeneration, and with reservation of areas for industrial … Continue reading Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others: HL 25 May 1995
Lloyd LJ said that it has usually been regarded as axiomatic that planning consent cannot be bought or sold. Conditions requiring off-site roadway benefits were unreasonable and it was suggested that it would make no difference if they were included in a section 106 agreement. The developer’s agreement is a significant factor (albeit not automatically … Continue reading Bradford City Metropolitan Council v Secretary of State for the Environment: CA 1986
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
Inconsistencies in consultation paper not for judicial review; they were part of a political process. Citations: Times 11-May-1995 Statutes: Civil Aviation Act 1982 78 Jurisdiction: England and Wales Environment Updated: 14 May 2022; Ref: scu.87962
The applicant appealed refusal of planning permission for residential development of a small plot of land. The said that the inspector had wrongly rejected the application of a Grampian condition on the basis that it would not be fulfilled and also in having considred the access arrangements unacceptable when these had been reserved. Held: The … Continue reading Douglas John Merritt v Secretary of State for Environment, Transport and Regions and Mendip District Council: Admn 5 Aug 1999
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995
Three companies competed for permission to build a retail food superstore in Witney. The inspector recommended Tesco’s proposal, but the SSE set aside the inspector’s decision in favour of the local authority’s preference. Tesco sought a declaration quashing the decision letter. It said that insufficent allowance had been given to its offer of funding for … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994
The developer applied for planning permission to convert a building from use for multiple occupation by way of bedsitting rooms to a small number of self-contained flats. There was a draft development plan of the local planning authority which set out a policy to resist such changes of use, on grounds of the local need … Continue reading Mitchell v Secretary of State for the Environment: CA 1995
Public right of way must be established by enjoyment as of right for 20 years. Citations: Independent 08-Jun-1994 Statutes: Highways Act 1980 31(1) Jurisdiction: England and Wales Cited by: Appeal from – Jacques v Secretary of State for the Environment CA 1995 The Inspector had found that the landowner had, by overt acts directed at … Continue reading Jacques v Secretary of State for the Environment: QBD 8 Jun 1994
The applicants had been successful in their appeal against a refusal of planning permission. The Secretary of State had awarded himself and the applicants their costs against the Council. The Council asked the House to give guidance on the principles which should underly such awards. Held: A losing party is not usually to pay all … Continue reading Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2: HL 17 Jul 1995
Dillon LJ said as to practice within judicial review proceedings: ‘The . . argument is stated to have been that an applicant is not entitled to go behind an affidavit in order to seek to ascertain whether it is correct or not unless there is some material available outside that contained in the affidavit to … Continue reading Regina v Secretary of State for the Environment ex parte Islington London Borough Council: CA 1991
The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001
Land had been altered to allow for racing etc of off road vehicles. That was granted a lawful development certificate. No permission was required for activities taking place for 28 days or less in a year, and the applicants sought a certificate to use the land for off road activities within that limit. The request … Continue reading Ramsey and Another v Secretary of State for Environment Transport and the Regions and Another: QBD 15 May 2001
The Secretary of State may appoint an arbitrator to decide between local authorities on a land transfer dispute on a re-organisation of local government. Citations: Times 14-Dec-1995 Statutes: Local Government Act 1972 68 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough … Continue reading Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: QBD 14 Dec 1995
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to approve support. The applicants, a pressure group involved in giving advice and assistance on issues of aid, … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd: QBD 1995
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder’s rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste … Continue reading Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Whether entry to residential premises in the exercise of powers under section 108 of the Environment Act 1995 (‘the 1995 Act’), and pursuant to a warrant lawfully granted under schedule 18 to that Act, can lawfully be effected only after giving at least seven days’ notice to the occupier of the premises, even where the … Continue reading Allensway Recycling Ltd and Others, Regina (on The Application of) v The Environment Agency: CA 16 Dec 2015
A Dutch corporation had obtained advice from lawyers and other professionals before purchasing share capital in insurance companies. After the purchase the corporation discovered that it was exposed to large losses and began proceedings in negligence against its non-legal advisors. Held: Such claims did not give rise to an implied waiver in relation to privileged … Continue reading Nederlandse Reassurantie Groep Holding NV v Bacon and Woodrow Holding: 1995
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it. Held: There is a close link between the tests in law for proximity and foreseeability. The report was a short term pilot report, and could … Continue reading Binod Sutradhar v Natural Environment Research Council: CA 20 Feb 2004
The applicant complained that she was dismissed when her employers learned that she was pregnant. Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact that pregnancy was the reason for her temporary unavailability at a time … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea. Held: The marine classification society was not liable in negligence to the owner of a cargo, where it was … Continue reading Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused. Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature of the thing, final and conclusive and without appeal, … Continue reading In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The parties disputed whether lands owned by the respondents should be included within flood zones designated for flood management. . .
The claimant asserted that the steps taken by the defendant to encourage wildlife in the estuary had led to otters predating his fish farm stocks, and that the claimant had not been informed of this, in particular as to the construction of otter . .
Commercial waste bagged ready for collection can be ‘litter’ but not necessarily. . .
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
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Citations: [1999] EWHC Admin 774 Links: Bailii Statutes: Environment Act 1995 95 Environment, Planning Updated: 28 May 2022; Ref: scu.140038
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately. Held: … Continue reading Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004
Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010
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
Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial review, being described as ‘misunderstanding or ignorance of an established and relevant fact’.The House asked what it … Continue reading Secretary of State for Education and Science v Tameside Metropolitan Borough Council: HL 21 Oct 1976
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 claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
The Court of Appeal has jurisdiction to hear an appeal against a judge’s grant or refusal of an order staying court proceedings where arbitration was sought by one party under an agreement. Judges: Hobhouse LJ Citations: Times 22-Oct-1998, Gazette 28-Oct-1998, [1998] EWCA Civ 1460, [1999] 1 WLR 270, [1999] CLC 165 Links: Bailii Statutes: Arbitration … Continue reading Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others: CA 10 Sep 1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox. Held: A certifying authority and its inspector were both liable in negligence having certified an … Continue reading Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
Citations: [2012] EWCA Civ 1884 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – MWH Associates Ltd v Wrexham County Borough Council UTLC 19-Jul-2011 UTLC COMPENSATION – modification order – review of mineral planning permission under Environment Act 1995 – basis of claim – whether depreciation of the value of land or loss of … Continue reading MWH Associates Ltd v Wrexham County Borough Council: CA 28 Nov 2012
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997
