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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

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

1 Pump Court Chambers v Horton: EAT 2 Dec 2003

The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003

South Hams District Council v Shough and Others: CA 2 Dec 1992

There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order supporting an attempt to evict them. The duty to house was … Continue reading South Hams District Council v Shough and Others: CA 2 Dec 1992

Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

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

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

Barrow and Amey v Kazim and Others: CA 31 Oct 2018

The court was asked: ‘whether a notice that the respondents, who own the relevant premises, served on the appellants, who are assured shorthold tenants, satisfied the requirements of section 21(1)(b) of the 1988 Act. The respondents maintain that it did. The appellants dispute that on the basis that the respondents were not at the date … Continue reading Barrow and Amey v Kazim and Others: CA 31 Oct 2018

Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited: HL 1988

The House was asked whether a rating authority could refuse to repay rates which had been paid by mistake. Held: ‘Parliament must have intended the rating authorities to act in the same high principled way expected by the court of its own officers and not to retain rates paid under a mistake of law . … Continue reading Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited: HL 1988

Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

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

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

Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001

Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors. Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the notice was likely to serve the purpose, and it could be valid. There was not a two stage test of … Continue reading Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001

Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999

The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999

City Council of Bristol v Lovell: HL 26 Feb 1998

A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998

Elitestone Ltd v Morris and Another: HL 1 May 1997

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

Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

The respondent appealed against an order for possession made on the grounds that he had been convicted of breach of an order under the 1997 Act in harassing his daughter who lived nearby the premises. The tenant argued that the agreement had incorporated a version of the Housing Act before its amendment to allow possession … Continue reading North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012

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

Chehab v Cadogan Estates Ltd: UTLC 12 Sep 2018

LANDLORD AND TENANT – rent determination – assured periodic tenancy – valuation – assessment of comparables – determination of rent under section 14 Housing Act 1988 – appeal allowed in part Citations: [2018] UKUT 282 (LC) Links: Bailii Statutes: Housing Act 1988 14 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: … Continue reading Chehab v Cadogan Estates Ltd: UTLC 12 Sep 2018

Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008

LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss 18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy -whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008

Regina v London Borough of Harrow ex parte Byrne: Admn 28 Feb 1997

Application to review decision that applicant though in priority need was homeless through her own voluntary act in failing to pay rent. Held: Sufficient evidence had been placed before the committee for it to be able to say that it could conclude, as it had, that the presumption that she was party to the failure … Continue reading Regina v London Borough of Harrow ex parte Byrne: Admn 28 Feb 1997

Westminster City Council v Clarke: HL 29 Apr 1992

An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a temporary base as part of their rehabilitation. Held: An … Continue reading Westminster City Council v Clarke: HL 29 Apr 1992

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Regina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd: Admn 4 Jun 1997

If the proper rent is higher than the statutory maximum, then the rent should be so set and the assured tenancy status lost. The Committee was not prohibited from assessing the rent of the assured tenancy arising on termination of the long tenancy in excess of andpound;25,000. Judges: Kay J Citations: Times 10-Jul-1997, [1997] EWHC … Continue reading Regina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd: Admn 4 Jun 1997

Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

Regina v Hillingdon London Borough Council, Ex parte Tinn: 1988

Citations: (1988) 20 HLR 205 Cited by: Cited – Haile v London Borough of Waltham Forest SC 20-May-2015 ‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied … Continue reading Regina v Hillingdon London Borough Council, Ex parte Tinn: 1988

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

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

Cheryl Investments v Saldanha: CA 1978

Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business. Held: The Act will apply so long as the business activity is a significant purpose of occupation. It must be more than incidental. The business occupation must exist both at the … Continue reading Cheryl Investments v Saldanha: CA 1978

Minister of Agriculture and Fisheries v Matthews: 1950

Under the Act, it would be ultra vires the Crown’s powers to grant a tenancy of property it had requisitioned. Citations: [1950] 1 KB 148 Statutes: Emergency Powers (Defence) Act 1939 Jurisdiction: England and Wales Cited by: Cited – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999 The claimant sought to oblige the respondent … Continue reading Minister of Agriculture and Fisheries v Matthews: 1950

Kwik Save Stores Ltd v Swain: EAT 1997

An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors. When considering barring a party for late filing of a document, the absence of a good reason for a response not being … Continue reading Kwik Save Stores Ltd v Swain: EAT 1997

Uratemp Ventures Ltd v Collins, Same v Carell: CA 10 Dec 1999

The presence of cooking facilities is an essential element in deciding whether premises could constitute a dwelling. Accordingly, a room in a hotel without such facilities could not be subject to an assured tenancy. A room with cooking facilities and access to a bathroom could be a dwelling, but the sharing of cooking facilities denied … Continue reading Uratemp Ventures Ltd v Collins, Same v Carell: CA 10 Dec 1999

Tadema Holdings Ltd v Ferguson: CA 25 Nov 1999

A notice to increase rent could properly be served on a tenant even though he lacked mental capacity. Service of a notice must retain its natural meaning. A notice could properly be given where the landlord was named, and his address given ‘c/o the agent’ provided that address gave sufficient opportunity to contact the landlord. … Continue reading Tadema Holdings Ltd v Ferguson: CA 25 Nov 1999

North Devon Homes Housing Association v Brazier: QBD 2003

The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act. Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to other tenants on a housing estate and the interests of those other tenants, though the … Continue reading North Devon Homes Housing Association v Brazier: QBD 2003

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

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

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

Regina v Greater Manchester Council ex parte Worch: 1988

The court considered to what extent it could look to the form of an Act before it was amended in order to assist it in construing the Act as amended: ‘The original section 21(a) of the [Coroners (Amendment) Act] 1926 is no longer law, since it has been replaced by Section 23(3) of the Births … Continue reading Regina v Greater Manchester Council ex parte Worch: 1988

TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

The Court considered the following question: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; in particular does it include someone who acts otherwise than in a private and individual capacity for or on behalf of an organisation or body which … Continue reading TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

Lewisham Borough Council v Roberts: CA 1949

The council sought to exercise its powers under the Act to take possession of part of the defendant’s property. Held: Denning LJ said: ‘It is necessary to consider the nature of the power to requisition land. It is only a power to take possession of land. It is not a power to acquire any estate … Continue reading Lewisham Borough Council v Roberts: CA 1949

Udall v Capri Lighting Ltd (in liquidation): CA 1987

A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment sine die. The charges were not executed, and the defendant company went into … Continue reading Udall v Capri Lighting Ltd (in liquidation): CA 1987

Webb and Barrett v London Borough of Barnet: CA 1988

The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988

Whitbread West Pennines Ltd v Reedy: CA 1988

The respondent had been employed with the provision of tied accomodation. He had been dismissed. The employer sought possession of the premises. The employees was claiming unfair dismissal and wanted to be re-instated. Held: Possession was to be granted. If the emploer had made a settled decision that the employee would not be taken back … Continue reading Whitbread West Pennines Ltd v Reedy: CA 1988

Kemmis v Kemmis (Welland and Others Intervening): CA 1988

H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988

Regina v North Devon District Council ex parte Lewis: 1988

The court was asked what the effect of the conduct of one member of a family might be on the classification of other members as being voluntarily homeless: ‘the fact that the Act requires consideration of the family unit as a whole indicates that it would be perfectly proper in the ordinary case for the … Continue reading Regina v North Devon District Council ex parte Lewis: 1988

Regina v Thanet District Council ex parte Groves: QBD 1993

The applicant lived with her husband and family in rented accomodation. The husband drank, and spent money which should have gone to the rent. Though she had some small involvement, she did not know of the extent of the rent arrears. He left, and she struggled to restore the position, but failed. She appealed a … Continue reading Regina v Thanet District Council ex parte Groves: QBD 1993

Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988

Citations: (1988) 20 HLR 430 Jurisdiction: England and Wales Cited by: Cited – Loveridge and Loveridge v Healey CA 20-Feb-2004 The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under … Continue reading Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988

British Amusement Catering Trades Association v Westminster City Council: HL 1988

The defendant operated an amusement arcade which provided video amusement games. The authority required a licence saying that it was an ‘exhibition of a moving image’. The Association appealed. Held: A video amusement game was not within the Act. On its true construction, the Act referred to a show and not an amusement game.Lord Griffiths … Continue reading British Amusement Catering Trades Association v Westminster City Council: HL 1988

Parkins v City of Westminster: CA 20 Nov 1997

The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was … Continue reading Parkins v City of Westminster: CA 20 Nov 1997

Mundy v Hook: CA 18 Jul 1997

The court was asked whether an agreement was an assured shorthold tenancy agreement with the 1988 Act. The agreement incorrectly stated a date which would have terminated the secure tenancy after five not six months. There was also disagreement about whether a garage was included in the let. The landlord having died, his personal representative … Continue reading Mundy v Hook: CA 18 Jul 1997

Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996

Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within s59. Held: Such destitution was capable of being a reason within the Act, and the appeal against … Continue reading Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996

Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996

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

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

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

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

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

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

Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009

(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009

Sampson and Others v Wilson and Others: CA 19 Apr 1995

A landlord’s estate management agent was not jointly liable with the Landlord for damages for acts of harassment of the tenant committed by the landlord. Citations: Times 19-Apr-1995 Statutes: Housing Act 1988 27 28 Jurisdiction: England and Wales Cited by: Cited – Abbott v Bayley CA 20-Jan-1999 Appeal against award of damages for breach by … Continue reading Sampson and Others v Wilson and Others: CA 19 Apr 1995

Regina v Westminster City Council ex parte N’Dormadingar: QBD 14 Oct 1997

The failure of the applicant to make proper preparations for a house move is a proper consideration when assessing intentional homelessness. Judges: Lightman J Citations: Times 20-Nov-1997 Statutes: Housing Act 1988 60(3) Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The … Continue reading Regina v Westminster City Council ex parte N’Dormadingar: QBD 14 Oct 1997

Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000

A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an … Continue reading Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000

Family Association v Jones: CA 1990

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

Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another: CA 23 Mar 2001

The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor. Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the appellant.The issue boiled down to whether an injunction could bind a third … Continue reading Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another: CA 23 Mar 2001

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Anns and Others v Merton London Borough Council: HL 12 May 1977

The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

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

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

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

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

Chouhan v The Earls High School: UTLC 15 Sep 2016

UTLC LANDLORD AND TENANT – RENT DETERMINATION – assured periodic tenancy – whether agreement provided for contractual rent review and so precluded reference of proposed new rent to tribunal – whether mere statement of tenants’ rights – ss 13-14, Housing Act 1988 – appeal dismissed [2016] UKUT 405 (LC) Bailii England and Wales Landlord and … Continue reading Chouhan v The Earls High School: UTLC 15 Sep 2016

Bain and Co v Church Commissioners for England: ChD 1989

Section 89 does not apply to an order for possession made by the High Court, and an application for an adjournment of a possession order must be refused. The word ‘Court’ must be construed to refer to the County Court only: ‘possession of a dwelling house under a rental purchase agreement is a matter which … Continue reading Bain and Co v Church Commissioners for England: ChD 1989

Coates v Crown Prosecution Service: Admn 29 Jul 2011

The defendant appealed by case stated against his conviction for driving a Segway scooter on a footpath. He denied that it was ‘a mechanically propelled vehicle intended or adapted for use on roads.’ Held: The appeal failed. The district judge had correctly read and applied the authorities. The manufacturer’s statement that the Segway was not … Continue reading Coates v Crown Prosecution Service: Admn 29 Jul 2011

Bunt v Tilley and others: QBD 10 Mar 2006

The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had inevitably carried the traffic from the bulletin boards to their own customers. Held: The claims were struck … Continue reading Bunt v Tilley and others: QBD 10 Mar 2006

Shop Direct Group v Revenue and Customs: SC 17 Feb 2016

The Court considered the interpretation of the sections which applied corporation tax to post-cessation receipts. Companies had received from the Inland Revenue substantial repayments of VAT together with interest. There had been reorganisations of the group, the company which had made the overpayment did not exist, and the payee of the repayment had only later … Continue reading Shop Direct Group v Revenue and Customs: SC 17 Feb 2016

Bacon v Mountview Estates Plc: UTLC 28 Oct 2015

UTLC LANDLORD AND TENANT – Rent Determination – first-tier tribunal determining rent for flat on reference under Housing Act 1988 section 13 by applying criteria set out in Housing Act 1988 section 14 – whether first-tier tribunal erred in law – whether tenancy a protected or statutory tenancy governed by the Rent Act 1977 rather … Continue reading Bacon v Mountview Estates Plc: UTLC 28 Oct 2015