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Search Results for: Housing Act 1957 48
Salford City Council v McNally: QBD 19 Dec 1974
cw Public Health – Nuisance – Complaint by tenant – Local authority’s compulsory acquisition of house in clearance area – Local authority postponing demolition as house capable of providing accommodation of standard adequate for time being – House statutory nuisance – whether nuisance order appropriateThe local authority compulsorily acquired a house in a clearance area … Continue reading Salford City Council v McNally: QBD 19 Dec 1974
Salford City Council v McNally: HL 1976
The House considered the interaction of the 1936 and 1957 Acts as to the distinction between the questions of injury to health and fitness for human habitation: ‘It was not a defence to establish that the house, the subject of the complaint, was occupied by reason of section 48 of the Housing Act 1957 and … Continue reading Salford City Council v McNally: HL 1976
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 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
Nottingham City Council v Zain (a Minor): CA 31 Jul 2001
The council had power under the Act to seek, in its own name, an injunction to prevent an alleged drug-dealer minor to enter a housing estate, and put an end to public nuisances. The authority was not acting outside its powers if it considered the action expedient for the protection of the inhabitants of its … Continue reading Nottingham City Council v Zain (a Minor): CA 31 Jul 2001
Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014
Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
