The appellant had bought a house at auction. It had previously been sold by a local authority subject to a covenant by the buyer allowing the authority to nominate tenants. The covenant was said to be binding on successors in title, and was registered as a local land charge. The appellant challenged an order that … Continue reading Cantrell v Wycombe District Council: CA 29 Jul 2008
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it. Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of the way in which I consider that this appeal should be determined, it would … Continue reading Copping v Surrey County Council: CA 21 Dec 2005
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
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned … Continue reading Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993
It was intentional homelessness when a fiancee had not set up a house here before leaving a settled left home abroad to come here. Citations: Times 17-Feb-1995 Statutes: Housing Act 1985 60-1, 75 Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.86090
