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Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000

The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000

Abdulaziz etc v The United Kingdom: ECHR 28 May 1985

Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985

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

Regina v Wandsworth Borough Council Ex Parte Crooks (And Six Other Applications): QBD 30 Mar 1995

Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances. Citations: Independent 30-Mar-1995, Times 12-Apr-1995 Statutes: Housing Act 1985 65(2) Jurisdiction: England and Wales Housing, Local Government Updated: 24 July 2022; Ref: scu.88242

Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia: QBD 11 Oct 1995

An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. Citations: Gazette 01-Nov-1995, Times 20-Oct-1995, Independent 11-Oct-1995 Statutes: Housing Act 1985 65 Jurisdiction: England and Wales Citing: Appealed to – Regina … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia: QBD 11 Oct 1995

Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: CA 2 Jan 1996

A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which the LHA considered before, in January, refusing her again. The reconsideration of the case … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: CA 2 Jan 1996

Family Association v Jones: CA 1990

The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis. They sought possession. Held: A tenancy had been granted. As to the argument that there were sepcial circumstances: ‘The argument which we have heard suggests to me that, whatever their … Continue reading Family Association v Jones: CA 1990

Regina v The London Borough of Newham Ex Parte Miah: Admn 12 Sep 1997

The claimant was housed in temporary accommodation pending the determination of their homelessness claims. The claimant’s wife suffered mental illness, and they wished to reject an offer of accommodation. The authority sought to argue that the accommodation already provided satisfied their duties to provide permanent housing. It was held that the authority had through its … Continue reading Regina v The London Borough of Newham Ex Parte Miah: Admn 12 Sep 1997

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Wragg and others v Surrey County Council: CA 1 Feb 2008

The Council appealed against declarations given that the respondent tenants (wildlife rangers) were entitled to purchase the freehold of their homes under right-to-buy. The Council said that the tenancies were occupied in connection with their employments. Held: Richards LJ said: the provision is to be construed as laying down two distinct conditions: first, that ‘his … Continue reading Wragg and others v Surrey County Council: CA 1 Feb 2008

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

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997

The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997

Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003

The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

Mary Rushton, Michael Rushton v Worcester City Council: CA 16 Mar 2001

The claimants had purchased the first tenant’s council property under the right to buy scheme. The council had failed to disclose facts about its condition which rendered it valueless, but now appealed against the award of damages for misrepresentation. It had failed to disclose the fact and significance of the use of High Alumina Cement … Continue reading Mary Rushton, Michael Rushton v Worcester City Council: CA 16 Mar 2001

William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001

Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a tolerated trespasser. That status might be compromised as against … Continue reading William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001

Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995

The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided with accommodation in accordance with section 65(2) of the 1985 Act was … Continue reading Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995

Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000

A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost. Held: The residential use had been abandoned. The test was an objective one, looking … Continue reading Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000

Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993

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

Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

White v Secretary of State for the Environment: CA 1989

W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not … Continue reading White v Secretary of State for the Environment: CA 1989

Regina v London Borough of Islington, ex parte Hinds: QBD 1995

The court considered a request to review a decision on unintentional homelessness under Part III of the Housing Act 1985. Held: Public confidence in the decision making process is enhanced by knowledge that supportable reasons are given and that the giving of reasons is a self-disciplining exercise Judges: Louis Blom-Cooper QC Citations: (1995) 27 HLR … Continue reading Regina v London Borough of Islington, ex parte Hinds: QBD 1995

Harrison v Hammersmith and Fulham London Borough Council: CA 1981

The court considered the relationship between statutory provisions and the terms of a tenancy agreement. Held: Brandon LJ said: ‘In the various Housing and rent Acts the legislature did not seek to interfere with the common law principles on which contractual tenancies, whether periodic or for a term certain, could be brought to an end. … Continue reading Harrison v Hammersmith and Fulham London Borough Council: CA 1981

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

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

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

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003

Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999

Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Bristol City Council v Hassan and Glastonbury: CA 23 May 2006

The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order. Held: McPhail suggested that ‘whereas as against squatters owners of land who obtained an order for … Continue reading Bristol City Council v Hassan and Glastonbury: CA 23 May 2006

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

Loveridge v London Borough of Lambeth: SC 3 Dec 2014

The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant. Held: Section 28(1)(a) requires the basis of the valuation to be that Mr Loveridge ‘continues’ following the eviction to have ‘the same right’ to occupy … Continue reading Loveridge v London Borough of Lambeth: SC 3 Dec 2014

Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011

The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. The objector said that the Council should reconsider in the light of this ‘highly relevant’ change. Held: The … Continue reading Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011

E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history. Held: The school’s appeal failed. English law may be at fault because it made no allowance for any justification of direct … Continue reading E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another: CA 4 Apr 2017

Can a recreational purpose underlie an easement The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but the same rights by way of easements over the communal grounds and … Continue reading Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another: CA 4 Apr 2017

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008

The House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008

Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007

Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence. Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. … Continue reading Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007

law index

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