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
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Cadogan and Another v 55/57 Cadogan Square Freehold Ltd: LT 15 Sep 2005
Whether assured tenant or assured shorthold tenant. The tenant appealed against an order for possession. The tenant’s mother had been a statutory tenant under the 1997 Act. The tenant said that she had succeeded to that tenancy as an assured tenant, having been living with her mother at the date of her death and for … Continue reading Clore v Macnicol: CA 13 Jul 2004
The tenant had entered into a tenancy agreement, but only took up occupation ten days later. Held: The tenant was not entitled to housing benefit until the day he actually took up occupation. Citations: [2004] EWCA Civ 342, Gazette 11-Mar-2004 Links: Bailii Jurisdiction: England and Wales Benefits, Housing Updated: 10 June 2022; Ref: scu.195530
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites. Held: Conditions attached to the planning permission relating to such matters as the times when machinery for crushing the stone could be used and the control of dust … Continue reading Pyx Granite Co Ltd v Minister of Housing and Local Government: CA 1958
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 council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
Housing Act 2004 and Housing and Planning Act 2016 – Houses In Multiple Occupation Licensing . .
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 council appealed against rejection of its complaint that the defendant had used their maisonette as a house in in multiple occupation without first obtaining the licence required. The parties had disputed whether two maisonettes amounted to more than three floors for the purposes of the legislation, given the complicated layout of the particular house … Continue reading Bristol City Council v Digs (Bristol) Ltd: Admn 27 Mar 2014
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time. Held: The claim was brought within the necessary time limit. ‘the courts have given claimants the full … Continue reading St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003
The tenant appealed against refusal of her claim for damages under sections 213 and 214 of the 2004 Act, saying that the notice as to the protection of her deposit had been inadequate on the grant of an Assured Shorthold Tenancy to her. Held: The appeal succeeded, and the landlord was orderd to pay the … Continue reading Suurpere v Nice and Another: QBD 27 Jul 2011
Appeal against a decision in an action which was brought against the appellants for possession and arrears of rent. There was a counterclaim for a penalty payment pursuant to section 214(4) of the Housing Act 2004 for a failure by the respondents to the appeal, to place a rent deposit in an appropriate scheme and … Continue reading Okadigbo and Another v Chan and Another: QBD 23 Oct 2014
Gladehurst had let the property to the two tenants under an assured shorthold tenancy. They paid a deposit, which it retained and never paid into the deposit scheme. The tenancy came to an end when the tenants vacated the property, after which deductions from the deposit were made for breaches of the cleaning and repairing … Continue reading Gladehurst Properties Ltd v Hashemi and Another: CA 19 May 2011
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
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
The claimant owned a flying freehold room butting into the defendant’s property. Whilst the claimant’s property was unoccupied, the defendant broke through into the room, blocked off the door to the claimant’s property, and included the room in the flat it then let. The case was transferred to the High court to consider issues of … Continue reading Ramzan v Brookwide Ltd: ChD 8 Oct 2010
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
The claimant sought damages in nuisance and negligence saying that in constructing a new housing estate, they had altered the land in such a way as to lead to the repeated flooding of their home. Held: Both the developer and the council were liable. It had been intended to provide a drainage gully. The first … Continue reading Lambert and Others v Barratt Homes Ltd (Manchester Division) and Another: QBD 17 Feb 2009
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
‘There are two basic questions in this case. First, was the duty to make an ‘appropriate assessment’ under regulation 63 of the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’) lawfully performed by a local planning authority when it granted planning permission for housing development on land near a European protected site in … Continue reading Brook Avenue Residents v Development (Barad), Regina (on The Application of) v Hanslip and Others: CA 15 Jul 2022
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
The applicant was heavily pregnant when she was offered a first floor one bedroomed flat. She rejected it. Held: When a housing authority reviewed its decision on the applicant’s decision not to accept the accommodation offered, that review had two stages. Was the accommodation offered suitable, and, secondly, was the applicant’s rejection of the offer … Continue reading Slater v London Borough of Lewisham: CA 12 Apr 2006
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which … Continue reading Jelson Ltd v Derbyshire County Council: CA 1 Aug 1999
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
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 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
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer’s appeal was dismissed. ‘There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in … Continue reading Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers. Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a local connection under the Act. The respondent’s decision to refer the applicants back to authorities in … Continue reading Al-Ameri, Osmani v Royal Borough of Kensington and Chelsea/London Borough of Harrow: CA 28 Feb 2003
There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not definitive, as is evidenced by the adverb notamment (in English: ‘any ground such … Continue reading Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against him. After advice from leading counsel, counsel requested the judgment be reopened … Continue reading Stewart v Engel, BDO Stoy Hayward: CA 17 May 2000
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived with dependent family with disabilities, or live in what are known as ‘sanctuary scheme’ homes (accommodation specially adapted … Continue reading MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016
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
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
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
Mutual Knowledge admissible to construe contract The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations. Held: The appeal succeeded. There were difficulties in construing the contract. The contract … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a conviction for any offence could be put to a witness by way … Continue reading Clifford v Clifford: 1961
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
ICO The complainant has requested various items of information in relation to highways, access and other material planning matters concerning the development of new housing on a specified area of land in Newport, Pembrokeshire. The complainant expressed a preference to receive the information electronically. Pembrokeshire County Council (‘the Council’) informed the complainant that the information … Continue reading Pembrokeshire County Council (Local Government (County Council)): ICO 12 Nov 2015
Local government (City council) The complainant has requested information regarding private landlords found guilty of offences under the Housing Act 2004. Stoke on Trent City Council relied on section 40(2) (personal data) to withhold individuals’ names and particular property addresses though it did release anonymised data. The Commissioner’s decision is that Stoke on Trent City … Continue reading Stoke-On-Trent City Council (Local Government (City Council)): ICO 2 Feb 2015
Execution of the judgment – This case concerns the applicant’s forcible eviction from a flat after the death of her late partner who held tenancy rights to the flat. The Court noted that domestic law permitted eviction only on grounds established by law and only on the basis of a court order (Housing Code of … Continue reading Prokopovich v Russia: ECHR 8 Aug 2011
UTLC HOUSING – Houses in multiple occupation – s90 Housing Act 2004 – local housing authority’s powers to impose conditions upon the grant of a license in respect of houses within a selective licensing area – nature and extent of conditions which can be imposed [2015] UKUT 489 (LC) Bailii Housing Act 2004 90 England … Continue reading Hyndburn Borough Council v Brown and Another: UTLC 11 Sep 2015
Oxford County Court – possession hearing – landlord completing deposit protection procedure only after possession proceedings – new proceedings Vincent DJ [2015] EW Misc B18 (CC) Bailii Housing Act 2004 213 England and Wales Housing Updated: 03 January 2022; Ref: scu.551740
Application to quash local plan alleging: ‘ (1) the planning inspector appointed to conduct the examination into the local plan erred in failing to determine whether the Council’s sustainability appraisal complied with the relevant legal and procedural requirements; (2) the sustainability appraisal and the process of consideration of alternatives by the Council and the planning … Continue reading IM Properties Development Ltd v Lichfield District Council and Others: Admn 20 Jul 2015
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
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
Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020
The court explained the nature of an estoppel by convention. Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone through them all in this judgment. It has evolved … Continue reading Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd: CA 1982
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children was unlawful within section 11 of the 2004 Act, and had been excessive in time. … Continue reading Castle and Others v Commissioner of Police for The Metropolis: Admn 8 Sep 2011
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
Will Drafter liable in Negligence to Beneficiary A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise outside the terms of the retainer or where there is … Continue reading White and Another v Jones and Another: HL 16 Feb 1995
The newspaper applied to challenge the protection of the identity of the defendant subject to a control order under the 2005 Act. It said that there was no basis for the making of the order without first considering the Human Rights need for open justice. Held: The general purpose of the control order related to … Continue reading Times Newspapers Ltd v Secretary of State for the Home Department and AY: Admn 17 Oct 2008
Rent Repayment Order From Superior Landlord Housing – Rent Payment – Whether A Rent Repayment Order May Be Made against A Superior Landlord – – application to strike out claim for rent repayment order – ss. 40, 41 Housing and Planning Act 2016 – appeal dismissed‘the FTT does have jurisdiction to make a rent repayment … Continue reading Rakusen v Jepsen: UTLC 11 Nov 2020
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
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
Occupier Responsible for Nuisance in adopting it A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the plaintiff’s neighbouring land. Held: … Continue reading Sedleigh-Denfield v O’Callaghan: HL 24 Jun 1940
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time to time. Held: (Majority) A claim in contract or tort for damages for psychiatric injury is a claim … Continue reading Page v Smith: HL 12 May 1995
Housing – Civil Penalty – Houses In Multiple Occupation – breaches of Management of Houses in Multiple Occupation (England) Regulations 2006 – application of local housing authority policy on civil penalties – whether remedial works carried out after date of offences is relevant to assessment of seriousness of offences – whether works carried out to … Continue reading Sheffield City Council v Hussain: UTLC 28 Oct 2020
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. Typically the process took many months. Held: The procedure asked only if the employer reasonably considered … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: HL 21 Jan 2009
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal. Held: It did not matter whether the claim was under wrongful dismissal. There was a breach of contract in not allowing the plaintiff to discharge his duties as manager, … Continue reading Addis v Gramophone Company Limited: HL 26 Jul 1909
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders . .
The position of married couples is not comparable with the position of unmarried couples, so that differences in treatment between them do not amount to discrimination within the meaning of article 14 of the convention. . .
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
