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Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings … Continue reading Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

Enfield London Borough Council v McKeon: CA 1986

In order to enforce the right to buy, a person must normally be a secure tenant throughout the period from service of the original notice, exercising the right to buy, until completion is effected. Each part of the process is an ‘exercise’ of the right to buy.Slade LJ said that the 1980 Act: ‘treats a … Continue reading Enfield London Borough Council v McKeon: CA 1986

Paddington Churches Housing Association Ltd v Sharif: CA 27 Jan 1997

The landlord had obtained a possession order against its secure tenant. The tenant had left to go to Egypt, and had been in arrears of rent. The tenancy obliged the tenant to occupy the prperty as his main residence. The landlord re-let the property, but the tenant then had the possession order set aside saying … Continue reading Paddington Churches Housing Association Ltd v Sharif: CA 27 Jan 1997

Rees v The United Kingdom: ECHR 17 Oct 1986

The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986

Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

Stockley v Knowsley Metropolitan Borough Council: CA 1986

A council owned a two-storey building divided into four flats, one of which was occupied by the plaintiff. It failed to prevent frozen water pipes in the roof of the building (which was outside the demise to the plaintiff) from bursting and flooding her flat. On being warned by the plaintiff of her fear that … Continue reading Stockley v Knowsley Metropolitan Borough Council: CA 1986

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Bass Holdings Ltd v Lewis: CA 29 Jul 1986

The appellant, Mr Lewis had been granted a tenancy by the appellant on its standard terms. Notice was given to terminate the tenancy. The tenant appealed against a ruling that he had not acquired a tenaancy for 90 years under the 1925 Act. Held: The appeal failed.Nourse LJ analysed the section: ‘First, the word ‘determinable’ … Continue reading Bass Holdings Ltd v Lewis: CA 29 Jul 1986

Feldbrugge v The Netherlands: ECHR 29 May 1986

The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986

Notting Hill Housing Trust v Roomus: CA 29 Mar 2006

The landlord had served a notice to quit on his tenant. The notice specified that possession would be required ‘at the end of your period of your tenancy’ It was objected that the notice was ineffective. Held: The notice must be interpreted to refer to the time immediately after the tenancy came to an end, … Continue reading Notting Hill Housing Trust v Roomus: CA 29 Mar 2006

Di Palma v United Kingdom: ECHR 1 Dec 1986

(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

Regina v Gravesham Borough Council ex parte Winchester: 1986

The court considered the nature of the assessment required of a housing auithority when application was made by a person claiming to be homeless. Simon Brown J said: ‘The duty to make necessary inquiries is not a duty to make all inquiries in fact necessary before the truth can be ascertained. A council which makes … Continue reading Regina v Gravesham Borough Council ex parte Winchester: 1986

Scottish Special Housing Association v Wimpey Construction UK Ltd: HL 1986

The court acknowledged the practice in construction contracts making an express link between the liability imposed on the contractor, the specific aspect of such liability which iwas excluded and the existence of insurance (intended to benefit both contractor and employer) in respect of that excluded liability. Citations: [1986] 1 WLR 995, [1986] 2 All ER … Continue reading Scottish Special Housing Association v Wimpey Construction UK Ltd: HL 1986

Quick v Taff Ely Borough Council: CA 1986

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

Gillow v The United Kingdom: ECHR 24 Nov 1986

The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there. Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not established any other home elsewhere in the United Kingdom and had retained ‘sufficient continuing links’ … Continue reading Gillow v The United Kingdom: ECHR 24 Nov 1986

Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a … Continue reading Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

City of Belfast Warehousing Ltd v Revenue and Customs: VDT 12 Jun 2007

Value added tax – Input tax – Supply of goods and services – Deductibility of items claimed as input tax – Supply of professional legal services – Solicitors instructed Counsel briefed. Taxpayer the subject of company law proceedings – Petition to wind-up the company and for relief under Article 452 of the Companies [Northern Ireland] … Continue reading City of Belfast Warehousing Ltd v Revenue and Customs: VDT 12 Jun 2007

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986

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

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 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

Deumeland v Germany: ECHR 29 May 1986

Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death . .

Regina v Oakes; 28 Feb 1986

References: [1986] 1 SCR 103, 1986 CanLII 46 (SCC), 53 OR (2d) 719, 24 CCC (3d) 321, 50 CR (3d) 1, 65 NR 87, [1986] CarswellOnt 95, EYB 1986-67556, [1986] SCJ No 7 (QL), 14 OAC 335, 16 WCB 73, [1986] ACS no 7, 19 CRR 308 Links: Canlii Coram: Dickson C.J. and Estey, McIntyre, … Continue reading Regina v Oakes; 28 Feb 1986

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 London Borough of Tower Hamlets, ex parte Nadia Saber: QBD 1991

It is not uncommon, after a decision has been reached that an applicant for housing under Part III of the Act became intentionally homeless, for a request to be made to reconsider the decision in the light of additional material or argument. Such a request is not the equivalent of a reapplication and does not … Continue reading Regina v London Borough of Tower Hamlets, ex parte Nadia Saber: QBD 1991

Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

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

Regina v Royal Borough of Kensington and Chelsea ex p Bayani: 1990

The court set out authoritative guidance as to the scope of a reviewing court’s power to interfere on the ground of the insufficiency of inquiry by a local authority to whom a homelessness application had been made. Neill LJ said: ‘(1) The duty to make inquiries is to make such inquiries as are necessary to … Continue reading Regina v Royal Borough of Kensington and Chelsea ex p Bayani: 1990

Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999

The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment. Held: The section gave the authority a wide discretion which should be respected. The authority had acted lawfully. Citations: … Continue reading Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999

Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998

The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

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

George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

Gwynedd County Council v Grunshaw: CA 22 Jul 1999

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

Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998

When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998

Kilby v Basildon District Council: Admn 26 Jul 2006

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

Campbell v Daejan Properties Ltd: CA 20 Nov 2012

The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012

A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999

An adjudication of a building dispute under the Insolvency Act, was ‘other proceedings’ within the Act, and therefore before such steps were taken against a company in administration, the applicant had first to obtain leave from the court. Citations: Times 29-Jun-1999 Statutes: Housing Grants Construction and Regeneration Act 1996, Insolvency Act 1986 11(3) Jurisdiction: England … Continue reading A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

Wainwright v Leeds City Council: CA 1984

The court considered the landlord’s covenant for repair of residential property. Held: The installation of a damp-course in property which did not previously have one was not a repair: ‘applying the facts of that case to the facts of this case, the tenant in this case took a house without a damp-proof course. What he … Continue reading Wainwright v Leeds City Council: CA 1984

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009

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

Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995

Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such offer. Having rejected it as unsuitable, she was given notice to quit the temporary accomodation. She then … Continue reading Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995

Pirabakaran v Patel and Another: CA 26 May 2006

The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

McDonald and Another v Fernandez and Another: CA 19 Jul 2003

The landlord served a notice to terminate a shorthold tenancy saying that he required possession on a certain day. The tenancy had been a periodic tenancy, and the date was not the last day of a period of the tenancy. Held: The Act was specific. What was being served was not a notice to quit … Continue reading McDonald and Another v Fernandez and Another: CA 19 Jul 2003

London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

Carmichael and Another v National Power Plc: HL 24 Jun 1999

Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999

Swansea City Council v Glass: CA 1992

The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

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

Walker v Northumberland County Council: QBD 16 Nov 1994

The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994

Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987

The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was challenged on the basis that this would be an unlawful … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987

Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004

Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004

Barry v London Borough of Southwark: CA 19 Dec 2008

The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

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

Manchester City Council v Moran and Another; Richards v Ipswich Borough Council: CA 17 Apr 2008

The two applicants had occupied a women’s refuge. They appealed against a refusal to consider them as homeless when they acted in such a way as to be evicted from the refuge, saying that the refuge did not constitute ‘accommodation . . which it would have been reasonable for [them] to continue to occupy’. It … Continue reading Manchester City Council v Moran and Another; Richards v Ipswich Borough Council: CA 17 Apr 2008

London Borough of Wandsworth v Allison: CA 15 Apr 2008

The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of fact against which no appeal lay. The authority now appealing said … Continue reading London Borough of Wandsworth v Allison: CA 15 Apr 2008

McDonald v McDonald and Others: SC 15 Jun 2016

Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016

Waltham Forest v Maloba, The Law Society: CA 4 Dec 2007

The applicant had been refused accomodation as homeless after disclosing the ownership of a family home in Uganda. He had lived and worked in the UK for 15 years. The authority did not accept that it had later been repossessed. The council now appealed against a finding to the contrary, saying that, per Osmani, to … Continue reading Waltham Forest v Maloba, The Law Society: CA 4 Dec 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007

The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority … Continue reading Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007

Royal Mail Group Plc v The Consumer Council for Postal Services: CA 7 Mar 2007

The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers. Held: The natural meaning of clause 20(b) of the statutory licence is that Royal Mail is … Continue reading Royal Mail Group Plc v The Consumer Council for Postal Services: CA 7 Mar 2007

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

Cramp v Hastings Borough Council: CA 29 Jul 2005

Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. Judges: Brooke LJ, Arden LJ, Longmore LJ Citations: [2005] EWCA Civ 1005 Links: Bailii Statutes: Housing Act 1996 184(1) Jurisdiction: England and Wales Citing: Cited – Azimi v Newham London Borough Council 2000 … Continue reading Cramp v Hastings Borough Council: CA 29 Jul 2005

Desnousse v London Borough of Newham and others: CA 17 May 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

Harlow District Council v Hall: CA 28 Feb 2006

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

National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997

The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997

Wilson v Wychavon District Council and Another: Admn 20 Dec 2005

The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory. Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the … Continue reading Wilson v Wychavon District Council and Another: Admn 20 Dec 2005

PM v The United Kingdom: ECHR 19 Jul 2005

A father complained that tax deductions which were granted to married fathers but not to unmarried fathers were discriminatory. He had paid maintenance for his daughter, but was not allowed to set the payments off against his income tax in the way he would have if he and the mother had been married. Held: There … Continue reading PM v The United Kingdom: ECHR 19 Jul 2005

Calgin, Regina (on the Application of) v London Borough of Enfield: Admn 29 Jul 2005

The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough. Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy had been adopted after an acute shortage of affordable housing. That policy was not … Continue reading Calgin, Regina (on the Application of) v London Borough of Enfield: Admn 29 Jul 2005

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

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

The Home Office v Wainwright and Wainwright: CA 20 Dec 2001

The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the prison officers had a right to conduct the search. The actions had … Continue reading The Home Office v Wainwright and Wainwright: CA 20 Dec 2001

Braintree District Council v Alisdair Stuart Thompson: CA 7 Mar 2005

Recovery of excess housing benefit paid under fraudulent claim. A social security commissioner could substitute jis own judgment on a question of law to that of the appeal tribunal, but on a question of fact it should not interfere. Judges: Lord Justice Ward Lord Justice May Lord Justice Dyson Citations: [2005] EWCA Civ 178, Times … Continue reading Braintree District Council v Alisdair Stuart Thompson: CA 7 Mar 2005

Blumenthal v The Church Commissioners for England: CA 13 Dec 2004

The respondent argued that the power given to the Lands Tribunal by the section, did not extend to a power to vary a positive covenant. Held: It could not be right to construe the obligation in the lease as a positive obligation rendering the tenant liable to finding himself in breach of covenant in circumstances … Continue reading Blumenthal v The Church Commissioners for England: CA 13 Dec 2004

Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003

The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003

Santamera v Express Cargo Forwarding (T/A IEC Ltd): EAT 26 Nov 2002

The claimant appealed against a decision that she had not been unfairly dismissed. She had been dismissed after complaints by a colleague, but had not been given the opportunity to examine him during the process. Held: An employer was not duty bound to allow an employee subject to a disciplinary hearing to cross examine those … Continue reading Santamera v Express Cargo Forwarding (T/A IEC Ltd): EAT 26 Nov 2002

Stevens (Through her Mother and Litigation Friend) v County Borough of Blaenau Gwent: CA 17 Jun 2004

The mother of the claimant had complained to the local authority landlord about the absence of locks on her windows. The council replied that such locks could themselves be a hazard, and did not install a lock. The claimant climbed through and fell from a balcony and suffered injury. Held: In view of the Admas … Continue reading Stevens (Through her Mother and Litigation Friend) v County Borough of Blaenau Gwent: CA 17 Jun 2004

Karner v Austria: ECHR 24 Jul 2003

A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003

Szoma v Secretary of State for Work and Pensions: CA 30 Jul 2003

The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident. Held: The legislation now made specific reference to the concept of lawful presence, and required this before an entitlement to benefits arose. The case of … Continue reading Szoma v Secretary of State for Work and Pensions: CA 30 Jul 2003

Parker v Parker: ChD 24 Jul 2003

Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003

Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 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