EAT TRANSFER OF UNDERTAKINGSThe principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is disagreement as to whether an employee’s contract is now to be with the transferor or any of the transferees, considered. The Tribunal had decided … Continue reading Kimberley Group Housing Ltd v Hambley and others (UK) Ltd: EAT 25 Apr 2008
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The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a registered social landlord who had taken over the tenancies from local authorities which would … Continue reading Peabody Trust v Reeve: ChD 2 Jun 2008
The court was asked whether a local authority can lawfully bind itself by contract to subject the exercise of its statutory power to vary its tenancy agreements by notice to the approval of tenants’ representatives. Held: The local authority could not fetter its right in that way. The authority had a statutory power of management … Continue reading Kilby, Regina (on the Application of) v Basildon District Council: CA 22 May 2007
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
Neuberger LJ said: ‘ I turn to the text of the letter of 25 January 2002. It referred to the Council ‘making a reasonable and suitable offer of permanent accommodation’, but it made no reference to the opinion that it was or would be reasonable for the respondent to accept the accommodation On a fair … Continue reading Tower Hamlets v Begum (Rikha): CA 23 Mar 2005
The applicant was the respondent’s secure tenant. The respondent decided to change its tenancy agreement, by including a list of items of repair for which it would be responsible and a procedure by which it could vary the terms of the agreement. In a further clause the respondent agreed that no variation might be made … Continue reading Regina v London Borough of Brent, ex parte Blatt: QBD 1991
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
The claimants were tenants who sought damages from their local authority landlords, for failing to remedy defects such as mould, mildew, and condensation in the dwellings let to them. The defects were a result of the design of the building. They asked the court to revisit the law settled in the Quick case in the … Continue reading Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council: CA 21 Jan 2002
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
conflict between a landlord’s claim to possession and a tenant’s claim to exercise her right to buy, both being claims arising under the Housing Act 1985. The Hon Mr Justice Lindsay [2003] EWHC 2944 (Ch), [2004] 1 All ER 1036 Bailii Housing Act 1985 England and Wales Cited by: Cited – Basildon District Council v … Continue reading The Royal Borough of Kensington and Chelsea v Marilyn Hislop: ChD 5 Dec 2003
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011
The claimant sought to succeed to a secure tenancy. She had lived with her mother, a joint tenant, but who had died before her father who had not lived at the house for many years and who had now died. The council said that the tenancy had become . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
