Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
Judges: Pill LJ, Sedley LJ, Longmore LJ Citations: [2008] EWCA Civ 196 Links: Bailii Statutes: Housing Act 1985 85(4) Jurisdiction: England and Wales Cited by: Appeal from – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008 The House considered situations where a secure or … Continue reading Porter v Shepherds Bush Housing Association: CA 19 Mar 2008
LT Service Charges – Procedure – Landlord and Tenant Act 1985 s.20(4) – Failure to serve copy of estimates – fees part of cost of qualifying work but not required to be included in estimate. Citations: [2006] EWLands LRX – 10 – 2005 Links: Bailii Statutes: Landlord and Tenant Act 1985 20(4) Landlord and Tenant … Continue reading Richmond Housing Partnership v Smith and Another: LT 23 Jan 2006
The landlord sought possession of a flat on the grounds that there were arrears of rent, and that one of the tenants had used it for the sale of drugs. It now appealed a suspension of the order, saying that the unlawful user meant that suspension should be allowed only in exceptional circumstances. Held: The … Continue reading Stonebridge Housing Action Trust v Gabbidon and Another: ChD 21 Nov 2002
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord’s covenant to repair. Held: The court allowed the … Continue reading English Churches Housing Group v Shine: CA 7 Apr 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 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
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
The House considered the concept of a spent planning consent. Held: This was a mineral operation and every shovelful dug amounted to another act of development. Therefore, although it had been begun, the planning permission was not spent and remained capable of implementation. A planning permission enures for the benefit of the relevant land and … Continue reading Pioneer Aggregates (UK) Limited v Secretary of State for the Environment: HL 1985
UTLC LANDLORD AND TENANT – Service Charge – jurisdiction of FTT to hear application challenging the reasonableness of a service charge under sections 18, 19 and 27A(1) of the Landlord and Tenant Act 1985 when that had already been determined by the county court – applicability of section 27A(4)(c) of the Landlord and Tenant Act … Continue reading Cowling v Worcester Community Housing Ltd: UTLC 14 Sep 2015
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
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 local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997
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
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
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 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 Defendant appealed against the order for possession made against her in respect of her secure tenancy of a flat, made on the grounds that her son, now 18 years old and living with her and her partner, had committed repeated acts of nuisance and annoyance to neighbouring residents and had been convicted of an … Continue reading Royal Borough of Greenwich v Tuitt: CA 25 Nov 2014
Arden, Kitchin LJJ, Sir David Keene [2014] PTSR 444, [2013] EWCA Civ 641, [2013] WLR(D) 222 Bailii, WLRD Housing Act 1985 84 England and Wales Housing Updated: 31 October 2021; Ref: scu.510186
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
No specific form required for Local Authority reasons for finding intentional homelessness. Citations: Ind Summary 23-Oct-1995 Statutes: Housing Act 1985 64(4) Jurisdiction: England and Wales Housing Updated: 20 December 2022; Ref: scu.85799
Section 189 of the Housing Act, which compels a local authority to serve a repair notice wherever they are satisfied that a house is unfit within the meaning of section 604, unless the house is beyond repair, may result in the lawful service of notices in relation to defects which fall short of breaches of … Continue reading Newham London Borough v Patel: 1978
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed … Continue reading D’Silva v Lister House Development Ltd: 1970
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 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
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
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
Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy. Citations: Times 03-Jan-1997, Gazette 11-Mar-1998, [1997] EWCA Civ 821 Statutes: Housing Act 1985 Sch 2 Ground 2 Jurisdiction: England and Wales Housing, Landlord and Tenant Updated: 04 November 2022; Ref: scu.84352
A Local Authority’s failure to operate its Housing Act duties correctly gave no right to a private law claim for damages Citations: Times 01-Aug-1995, Independent 09-Aug-1995 Statutes: Housing Act 1985, Supreme Court Act 1981 31(4) Jurisdiction: England and Wales Housing, Local Government Updated: 27 October 2022; Ref: scu.87463
A Local Authority was liable for its negligent reference of a homeless person to unsafe premises. Citations: Gazette 10-Mar-1993 Statutes: Housing Act 1985 65(4) Jurisdiction: England and Wales Negligence, Local Government Updated: 26 October 2022; Ref: scu.80352
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
(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
COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
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
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
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
COMPENSATION – Closing Order – premises unfit for human habitation – diminution in value – compensation awarded nil. – Land Compensation Act 1961 and Housing Act 1985, s.584A. Citations: [2000] EWLands LCA – 146 – 2000 Links: Bailii Jurisdiction: England and Wales Land Updated: 16 August 2022; Ref: scu.225616
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
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 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
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 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
LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000 Citations: [2005] EWLands ACQ – 96 – 2002 Links: Bailii Statutes: Housing Act 1985 17, Land Compensation Act 1961 Land Updated: … Continue reading Garrod v London Borough of Newham: LT 20 Apr 2005
The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession. Held: The use of the word ‘rent’ in a letter from Newham was insufficient … Continue reading London Borough of Newham v Hawkins and others: CA 22 Apr 2005
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
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003
The tenant had fallen into arrears, and a possession order had been made. Having cleared the arrears, the possession order fell, but the landlord purported to issue a new tenancy agreement, with no security of tenure. They now sought possession under the new tenancy agreement. The tenant appealed a finding that he no longer enjoyed … Continue reading Swindon Borough Council v Aston: CA 19 Dec 2002
When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and … Continue reading Reynolds v Brent London Borough Council: CA 4 Dec 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
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
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes. Held: The appeal succeeded, and the defendant was 80% liable for the injury. Where … Continue reading Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001
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
There was no possibility of a joint succession to a statutory tenancy even though the form was countersigned by the local authority. Citations: Times 12-Nov-1997, Gazette 26-Nov-1997 Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 25 May 2022; Ref: scu.84274
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make … Continue reading Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999
A Local Authority has no duty of care for the correctness of a valuation undertaken for a right to buy transaction. It was not just or reasonable to impose a duty of care on a local authority in connection with its statement of its opinion as to price in a Section 125 Notice. Judges: Douglas … Continue reading Blake and Another v Barking and Dagenham London Borough Council: QBD 1 Nov 1996
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
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
It may be unreasonable to impose a possession order against a person in respect of a failing over which they have no control.Simon Brown LJ said, having reviewed the existing authorities: ‘Those authorities clearly hold that no personal fault on the tenant’s part is required to bring a case within ground 2, although this consideration … Continue reading Portsmouth City Council v Bryant: CA 2000
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
A local authority landlord had obtained a possession order against the tenant, for arrears of rent, but allowed the tenant to continue in possession, and eventually agreed to the order for possession being revoked. At that time the tenant became a statutory tenant, and was deemed to have been so for the intervening period. The … Continue reading Rogers v Lambeth London Borough Council: CA 10 Nov 1999
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 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
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
A council should satisfy itself by making more enquiries about suggestions of domestic violence before transferring a claimant to another authority. The granting of leave to move for a judicial review does not preclude the respondent from objecting that the application has been made out of time. (Obiter) Judges: Evans LJ Citations: Times 20-Jul-1993, Times … Continue reading Regina v Greenwich London Borough Council, Ex Parte Patterson: QBD 27 May 1993
A person became threatened with homelessness once a court had ordered possession of a property. A local authority investigation the homelessness need must begin to act at that point rather than to await the point at which the possession order was executed, by which time the applicant had become homeless. Once the person was so … Continue reading Regina v Newham London Borough Council, Ex Parte Khan and Another: QBD 9 May 2000
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
LT COMPENSATION – Compulsory purchase of land for the construction of a road – value – assumed planning permission – value of minerals – planning permission for a commercial minerals operation not granted or to be assumed – compensation assessed on basis of agricultural value at andpound;17,000 – Alternative valuation (Rule 50(4) Lands Tribunal Rules … Continue reading C F and M G Roberts v South Gloucestershire District Council: LT 31 Dec 1994
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
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
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages. Held: The defendant was bound ‘sic uit suo ut non laedat alienum’. ‘The defendants, treating them as the owners … Continue reading Rylands v Fletcher: HL 1868
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
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
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed. Held: subject to the effect … Continue reading Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 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
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
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
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
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the chief manager and owner suffered a severe head injury, and … Continue reading Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010
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
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
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
The council’s tenant had unlawfully secured assignment of a secure tenancy to the defendant. The council sought possession. Held: A secure tenancy granted by an authority pursuant to a misrepresentation by the tenant is nonetheless valid. The statutory list of grounds for recovering possession was explicit and exhaustive. The present basis of claim was not … Continue reading Islington v Uckac and Another: CA 30 Mar 2006
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
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
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 local authority submitted first that a person making a second application for emergency housing had to demonstrate a change of circumstance which might lead to a second application being successful and second that it was for the local authority to decide whether that test has to be satisfied. The applicant could not point to … Continue reading Regina v Harrow London Borough Council Ex Parte Fahia: HL 16 Sep 1998
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
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
