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McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

Coleen Properties Ltd v Minister of Housing and Local Government: CA 26 Jan 1971

The Minister confirmed a compulsory purchase order despite it having been made without any supporting evidence. Held: The order was set aside. The Minister had erred in not following his Inspector’s conclusion that a compulsory purchase order was not ‘reasonably necessary’ under section 43(2) of the 1957 Act, when there was no material on which … Continue reading Coleen Properties Ltd v Minister of Housing and Local Government: CA 26 Jan 1971

London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006

The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence. Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. The risk was not whether a reasonable observer would see bias, but that the judge would have descended … Continue reading London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006

Royal Borough of Kensington and Chelsea v Khan and Another: CA 16 Jan 2002

Judges: Judge, Latham, Arden LJJ Citations: [2002] EWCA Civ 279 Links: Bailii Statutes: Housing Act 1957 9(1A) Jurisdiction: England and Wales Citing: Cited – Swansea City Council v Glass CA 1992 The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought … Continue reading Royal Borough of Kensington and Chelsea v Khan and Another: CA 16 Jan 2002

Cunningham v Birmingham City Council: Admn 6 May 1997

The council appealed against the finding that the complainant’s premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant’s son was disabled and his condition involved behavioural problems. She said that the kitchen was, in view of his condition too small and dangerous in … Continue reading Cunningham v Birmingham City Council: Admn 6 May 1997

SMO and KSP (Civil Status Documentation, Article 15) (CG)) Iraq: UTIAC 16 Mar 2022

Iraq – Full New Country Guidance This decision replaces all existing country guidance on Iraq. A. INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE 1. There continues to be an internal armed conflict in certain parts of Iraq, involving government forces, various militia and the remnants of ISIL. Following the military defeat of … Continue reading SMO and KSP (Civil Status Documentation, Article 15) (CG)) Iraq: UTIAC 16 Mar 2022

Quick v Taff Ely Borough Council: CA 1986

Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to keep in repair the structure and exterior of the dwelling-house. Section 32(3) … Continue reading Quick v Taff Ely Borough Council: CA 1986

Gouriet v Union of Post Office Workers: HL 26 Jul 1977

The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977

Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989

The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

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

George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the … Continue reading Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

Swansea City Council v Glass: CA 1992

The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992

Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation … Continue reading Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005

The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005

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

Birmingham City Council v Oakley: HL 29 Nov 2000

When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory and might be considered insanitary did not fall within the provision. The risk of … Continue reading Birmingham City Council v Oakley: HL 29 Nov 2000

Wandsworth London Borough Council v Winder: HL 1985

Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985

Morrow v Nadeem: 1981

In a notice served pursuant to s25 of the 1954 Act the landlord was described as the individual who was effectively the sole shareholder and director of landlord company, rather than the landlord company itself. Held: The landlord’s notice was invalid. It was a form preescribed by the rules requiring the correct identification of the … Continue reading Morrow v Nadeem: 1981

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

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

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

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

Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017

The claimant challenged being recalled to prison from licence after being found in an area from which he was excluded as a condition of his parole. Judges: Turner J Citations: [2017] EWHC 729 (Admin) Links: Bailii Statutes: European Convention on Human Rights 5, Criminal Justice Act 2003 244 254 Jurisdiction: England and Wales Citing: Cited … Continue reading Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017

Davies and Others v Jones and Another: CA 9 Nov 2009

The parties contracted for the sale of land for development. The contract allowed for the costs of environmental remediation, but disputed the true figure set by the eventual builder and retained. The court now heard argument about whether the sum retained by the sub-purchaser was held on trust for the claimant under the terms of … Continue reading Davies and Others v Jones and Another: CA 9 Nov 2009

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

Birmingham City Council v Shafi and Another: CA 30 Oct 2008

The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008