The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006
The defendant had been allowed into the property under the homelessness legislation. The authority now sought possession. They said he had a licence only, but he claimed to have a secure tenancy. Held: The authority had made a mistake, and the defedant was a secure tenant. The letter offering him the property, and his receipt … Continue reading Eastleigh Borough Council v Walsh: HL 28 Mar 1985
ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, in order to carry out their duties, are assigned to the part of the undertaking or business transferredRotterdamsche . . claims … Continue reading Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv: ECJ 7 Feb 1985
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
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
The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean … Continue reading Cobstone Investments Limited v Maxim: CA 1985
The defendant was employed by the local authority as a house-master at a school run by the plaintiff. He held a service licence of a furnished flat at the school expressed to be ‘for the better performance of his duties’. Later he married, and on his request was allowed to occupy a school house. Though … Continue reading Royal Philanthropic Society v County: CA 1985
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
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
The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new facts relating to the illegal activities of the tenant. The alternative would … Continue reading Manchester City Council v Finn: CA 2002
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
An unlawful eviction did not of itself constitute an emergency giving the applicant ‘priority need’ for housing. The event that results in the homelessness of the person claiming a priority need must have the characteristics of being ‘an emergency’ and ‘a disaster’. The omission of the word ‘any’ before the words ‘other disaster’ in the … Continue reading Regina v Bristol County Court Ex Parte Bradic: CA 1 Sep 1995
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998
The plaintiff lived in Lincolnshire, but owned a house in Gwynnedd. She sought to serve a notice in her local County Court, appealing from an order for its demolition, but the manager of that Court refused to accept it saying that it should have been filed in Gwynnedd. The regulations said it was to be … Continue reading Gwynedd County Council v Grunshaw: CA 22 Jul 1999
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
The claimant challenged a compulsory purchase order made against his property under the 1985 Act. Judges: Kenneth Parker J Citations: [2012] EWHC 2835 (Admin) Links: Bailii Statutes: Housing Act 1985 Land, Housing Updated: 05 November 2022; Ref: scu.464961
Assessment of priority for housing allows inclusion of non statutory matters. Citations: Times 04-Mar-1997 Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 05 November 2022; Ref: scu.88338
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
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying. Citations: Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996
When a tenant sought an order enforcing his right to buy his house, the judge had no discretion to refuse the order on the grounds of hardship. Once the conditions were satisfied, the tenant’s rights were absolute. Citations: Ind Summary 01-Mar-1993 Statutes: Housing Act 1985 138(3) Jurisdiction: England and Wales Housing, Local Government Updated: 26 … Continue reading Taylor v Newham London Borough Council: CA 1 Mar 1993
Council’s Housing offer was insufficient – properly rejected. Citations: Independent 09-Mar-1993 Statutes: Housing Act 1985 65(2) 69(1)(b) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88353
An applicant was properly deemed to be intentionally homeless when he had lost his former house through his own fraudulent acts. Citations: Times 11-May-1993 Statutes: Housing Act 1985 60(1) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88379
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession … Continue reading Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004
Right to buy application time limit extended for delay by local authority in arranging repairs. Judges: Sir Anthony May P QBD, Arden, Jacon LJJ Citations: [2009] EWCA Civ 837 Links: Bailii Statutes: Housing Act 1985 140 Jurisdiction: England and Wales Housing Updated: 30 July 2022; Ref: scu.371878
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue living there notwithstanding the continuing commission of the offence. Held: The appeal failed. The statutory guidance correctly … Continue reading Harouki v Royal Borough of Kensington and Chelsea: CA 17 Oct 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Application for judicial review, challenging a decision of the local authority which found the applicant to be intentionally homeless, and raising in an acute from the sufficiency of the reasons for that decision within section 64(4) of the Housing Act 1985. Citations: [1994] EWHC 8 (Admin) Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and … Continue reading Hinds, Regina (on The Application of) v London Borough of Islington: Admn 15 Jul 1994
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
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
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
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
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
Loss of a house from ignorance of benefit rules was not deliberate homelessness. Citations: Times 16-Jul-1996, (1996) 29 HLR 389 Statutes: Housing Act 1985 60(3) Jurisdiction: England and Wales Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her … Continue reading Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996
Local Authority not obliged to place all applicants on housing waiting list – old rent arrears. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 22 Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88339
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
The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water … Continue reading Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her … Continue reading Bradney, Birmingham City Council v Birmingham City Council, McCann: CA 9 Dec 2003
The buyers agreed to purchase a property at auction, but having failed to complete they were served with a notice to complete. They challenged that notice saying there was an outstanding writ for possession against the property, and that ministerial consent had not been obtained for the sale. It was held that the claim for … Continue reading London Borough of Lambeth v Vincent and Others: ChD 16 Mar 2000
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
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
The council having obtained a possession order, suspended on terms, through court proceedings, later sought to enforce the order by a warrant for possession issued without first giving notice to the tenant. The tenant alleged that the grant of the warrant was in breach of his right to a fair trial. Held: The hearing at … Continue reading St Brice and Another v Southwark London Borough Council: CA 17 Jul 2001
There were three issues; (1) whether it was proper for the judge to have struck out disrepair proceedings when it could be seen that an application to discharge or rescind a suspended possession order would be likely to succeed (2) whether the secure tenancy revived automatically once it could be seen that the suspended possession … Continue reading Marshall v Bradford Metropolitan District Council: CA 27 Apr 2001
A local authority refused the applicants application for emergency housing as a homeless person. On the review of that decision the authority concluded that she did have priority need, but then decided that the application should be refused because it found she was intentionally homeless. The decision was a public law decision, but this did … Continue reading Crawley Borough Council v Bliss: CA 22 Feb 2000
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county … Continue reading Copping v Surrey County Council: QBD 2005
Citations: [1998] EWHC Admin 208 Links: Bailii Statutes: Housing Act 1985 Housing Updated: 27 May 2022; Ref: scu.138329
Citations: [1998] EWHC Admin 183 Links: Bailii Statutes: Housing Act 1985 95 Housing Updated: 27 May 2022; Ref: scu.138304
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005
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
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
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
The tribunal could only consider an application to review the reasonableness a landlord’s service charge to the extent that it remained unpaid. Both the county court and the tribunal had jurisdiction to hear such claims, but the provisions for the tribunal required the charges to be ‘alleged to be payable’ and that could not be … Continue reading Regina v London Leasehold Valuation Tribunal, ex parte Daejan Properties Ltd: CA 12 Jul 2001
Judges: Turner J Citations: [1997] EWHC Admin 835, (1998) 30 HLR 1082 Statutes: Housing Act 1985 Jurisdiction: England and Wales Cited by: Cited – Mohamed v Hammersmith and Fulham London Borough Council HL 1-Nov-2001 Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere … Continue reading Regina v London Borough of Southwark ex parte Olivia Hughes: Admn 6 Oct 1997
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
A statutory tenancy is not an estate in land but a mere ‘personal right of occupation’ and is unassignable. Judges: Lord Greene MR Citations: [1942] 2 KB 288 Jurisdiction: England and Wales Cited by: Cited – Birmingham City Council v Walker HL 16-May-2007 The tenant was the son of the former tenant. The tenancy had … Continue reading Carter v SU Carburetter Co: CA 1942
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
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had … Continue reading Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
A guarantee of loan to a non-registered housing association was ultra vires. Citations: Times 23-Mar-1995 Statutes: Local Government Act 1972 Jurisdiction: England and Wales Cited by: Appeal from – London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough … Continue reading Morgan Grenfell and Co Ltd v Sutton London Borough Council: QBD 23 Mar 1995
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
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
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
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
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
The defendants had purchased their council house with financial asistance from their son, the claimant. He now asserted that a trust existed in the property in his favour. Held: ‘unless there is a secure tenancy the statutory right to buy cannot be exercised. The entitlement to statutory discount which has built up over the years … Continue reading Richards v Wood: CA 27 Feb 2014
The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could not afford to travel to it. The power of the County Court to hear … Continue reading Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999
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
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
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
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
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
Old breaches did not support possession order The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had been an interval of almost three … Continue reading Telchadder v Wickland Holdings Ltd: SC 5 Nov 2014
Car Cleaning nil-hours Contractors were Workers The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated benefits. The contracts were ‘nil hours’ contracts neither requiring nor entitling … Continue reading Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014
The council sought possession of the property saying that the three bedroomed property was underused by the tenant and his sister. The respondents said that it was not too extensive, and that no satisfactory alternative accommodation had been offered. Held: The council’s appeal failed. The lower court had correctly applied the law, and it was … Continue reading Bracknell Forest Borough Council v Green and Another: CA 20 Mar 2009
The claimant asserted as against the liquidator, a floating and registered charge over the company’s assets. The liquidator said that it had been granted within the twelve months prior to the onset of the insolvency, was caught by section 245(3)(b), and requested rectification of the register. The claimants relied on an opinion from senior counsel. … Continue reading Rehman v Chamberlain and Another: ChD 6 Sep 2011
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
P in possession – tenancy at will Until Completion A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down. Held: The tenant’s appeal failed. It was inferred in the absence of any other … Continue reading Javad v Aqil: CA 15 May 1990
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 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
The applicant was headmaster of a boarding school. The contract of employment did not require him to occupy the house, but a new house was built for the headmaster and he moved into it. It was not necessary for him to occupy the house for his . .
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
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