COMPENSATION – compulsory purchase – preliminary issue – ransom value – scheme highway – whether section 14(5)(d) of the Land Compensation Act 1961 engaged so as to prevent the assumption of planning permission – determined not so engaged Citations: [2018] UKUT 62 (LC) Links: Bailii Statutes: Land Compensation Act 1961 Jurisdiction: England and Wales Land … Continue reading In Re Section 14, (D) of The Land Compensation Act 1961: UTLC 8 Mar 2018
The defamation claimant sought that certain paragraphs of the defence should be struck out. Held: Several paragraphs of the defence were struck out, and others left. Judges: Tugendhat J Citations: [2011] EWHC 272 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lucas-Box v News Group Newspapers Ltd; Polly Peck (Holdings) Plc v Trelford, … Continue reading Hunt v Evening Standard Ltd: QBD 18 Feb 2011
Citations: [2011] EWCA Civ 129 Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land, Damages Updated: 02 September 2022; Ref: scu.429650
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership. Held: When determining the value of land compulsorily acquired by the Corporation, the Tribunal allowed for the fact that the landowner would … Continue reading Stokes v Cambridge Corporation: LT 1961
Compensation – Planning Permission – Certificate of Appropriate Alternative Development – appeal site in Green Belt – certificate granted by Council for 11 or 12 dwellings – previous outline planning permission for 14 dwellings granted in 2015 – certificate sought for development of nine dwellings – held that planning obligations policies apply to smaller development … Continue reading Lockwood and Others v Highways England Company Ltd: UTLC 20 Jun 2019
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, which payments he would not have received but for the incident. The section … Continue reading Cantwell v Criminal Injuries Compensation Board: HL 5 Jul 2001
COMPENSATION – reference to the Upper Tribunal shortly before expiry of limitation period – case ultimately settling (upon a basis involving the grant back of rights to the claimants rather than the payment of compensation) – costs applications made by both sides – whether the provisions of Land Compensation Act 1961 section 4 (1)(b) engaged … Continue reading City of London v Transport for London, Re: Billingsgate Market: UTLC 26 Oct 2018
COMPENSATION – COSTS – certificate of appropriate alternative development – whether the Upper Tribunal has power to award costs in an appeal under s.18, Land Compensation Act 1961 – whether proceedings for compensation for compulsory purchase – s.29, Tribunals, Courts and Enforcement Act 2007 – rule 10(6)(a), Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 … Continue reading Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020
A defamation of the claimant had been published and then repeated by others. Held: The court discussed the logical impossibility of apportioning damage between different tortfeasors: ‘Where injury has been done to the plaintiff and the injury is indivisible, any tortfeasor whose act has been a proximate cause of the injury must compensate for the … Continue reading Dingle v Associated Newspapers: CA 1961
Sellers LJ said: ‘The second plaintiffs had paid some andpound;5,000 for that theft; and for their respective losses these plaintiffs sought to recover damages under the Riot (Damages) Act, 1886’ The court considered that a liberal approach was appropriate for the admissibility of hearsay evidence in civil proceedings. Judges: Sellers LJ, Devlin LJ Citations: [1961] … Continue reading Bearmans Ltd v Metropolitan Police District Receiver: CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence costs not awarded. The defendant replied that this was not claimable loss. Held: … Continue reading Berry v British Transport Commission: CA 1961
Compensation was sought for injuries received in the course of employment. Held: The limitation period was to be calculated to have started on the day after the occurrence which founded the claim, the day itself being excluded from the calculation. Judges: Havers J Citations: [1961] 2 All ER 270, [1961] 2 QB 135 Statutes: Limitation … Continue reading Marren v Dawson Bentley and Co Ltd: 1961
UTLC COMPENSATION – Compulsory purchase of 0.49 acre waste transfer station required pursuant to the London 2012 Olympic Park development – disturbance – loss of opportunity to expand business – temporary loss of profits – additional costs of new site not providing value for money – increased costs due to temporary relocation – professional fees … Continue reading G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015
The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953
UTLC COMPENSATION – Compulsory purchase of 1.1 acre waste transfer site -planning assumptions – valuation – disturbance – extinguishment of business – pre-possession ‘shadow period’ losses – management time – re-investment costs – Land Compensation Act 1961 section 5 rules (2) and (6), sections 14(3) and 16(3) and section 10A – compensation determined at andpound;2,580,747 … Continue reading Halpern and Others v Greater London Authority: UTLC 18 Mar 2014
UTLC Compensation – planning permission – compulsory acquisition of land required for new highway – appeal against certificate of appropriate alternative development restricting residential development to 100% affordable housing – development plan – material consideration of extant planning permission on balance of site – Land Compensation Act 1961, s18 – appeal allowed [2016] UKUT 172 … Continue reading Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
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
No issue estoppel on land value arose from a previous Secretary’s finding on Lands Tribunal. Citations: Times 03-Jun-1996, [1996] 3 All ER 693 Statutes: Land Compensation Act 1961 18 Jurisdiction: England and Wales Cited by: Cited – Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council Admn 14-Mar-1997 The applicant … Continue reading Porter and Another v Secretary of State for Transport: CA 3 Jun 1996
UTLC COMPENSATION – Planning permission – Compulsory acquisition of land for village by-pass scheme – development potential – APPEAL under s.18 of the Land Compensation Act 1961 against a negative certificate issued pursuant to an application for a Certificate of Appropriate Alternative Development under s.17 of the Act – Appeal allowed [2014] UKUT 435 (LC) … Continue reading Edwards v Rhondda Cynon Taff County Borough Council: UTLC 14 Oct 2014
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been stated and often restated that if the wrong is established the wrongdoer … Continue reading Bourhill v Young’s Executor: HL 5 Aug 1942
The plaintiff sought damages following the death of her husband when working for the defendants. He had died on 5 September 1967 but the writ was not issued until Monday 7 September 1970. The applicable limitation period was 3 years, which the defendants relied upon. The plaintiff argued that since the writ could not be … Continue reading Pritam Kaur v S Russell and Sons Ltd: QBD 1 Jun 1972
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
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
LT COMPENSATION – compulsory purchase – abandoned house in state of disrepair – untraceable owner – cost of repair and refurbishment – valuation – comparable transactions – Housing Act 1985 section 17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;185,000. Citations: [2008] EWLands ACQ – 304 – 2008 Links: Bailii Statutes: … Continue reading Clarke v London Borough of Newham: LT 25 Sep 2008
The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals extraction. Held: The appeal failed. Carnwath LJ said: ‘The planning assumptions in the 1961 … Continue reading Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002
Citations: [2003] EWCA Civ 160 Links: Bailii Statutes: Land Compensation Act 1961 5(4) Jurisdiction: England and Wales Land, Damages Updated: 25 October 2022; Ref: scu.181109
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
Where a defendant in a defamation action sought to reduce the damages payable by arguing that the claimant had a reduced or damaged reputation, he could include evidence about particular facts only where these were directly connected to the background circumstances which led to the offending publication. General evidence was admissible, but particular evidence of … Continue reading Burstein v Times Newspapers Ltd: CA 20 Dec 2000
COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act 1961 section 5, rules (2) and (6); Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 544,400 Citations: [2011] UKUT 18 (LC) Links: … Continue reading East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011
LT COMPENSATION – purchase notice – land in use as public open space – terrace of houses on land demolished during second world war – whether Third Schedule rights to be assumed – held they were – compensation andpound;1,600,000 – Land Compensation Act 1961 ss 14(1) and 15(3). Citations: [2007] EWLands LCA – 118 – … Continue reading Greenweb Ltd v London Borough of Wandsworth: LT 17 Sep 2007
UTLC COMPENSATION – compulsory purchase of part of forecourt to commercial premises and half road width for highway improvements – loss of rent and rental voids – injurious affection – valuation assumptions – personal time – pre-reference costs – Land Compensation Act 1961 section 5, rule (6) and Compulsory Purchase Act 1965 section 7 – … Continue reading Welford v Transport for London: UTLC 9 Apr 2010
COMPENSATION – Compulsory purchase of land forming part of curtilage to rural property for road improvement scheme – disturbance – Land Compensation Act 1961 section 2, rule (6)- compensation determined at pounds 43,389.90 Citations: [2010] UKUT 121 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415012
COMPENSATION – compulsory purchase – dwelling house in a regeneration area – valuation – comparables – Land Compensation Act 1961 section 5, rule (2) – compensation determined at pounds 96,000 Citations: [2010] UKUT 122 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415014
COMPENSATION – Land Compensation Act 1961 s.5, rr(2), (5) and (6) – compulsory acquisition of riding stables and land – equivalent reinstatement, total extinguishment or relocation – eviction costs – Compensation awarded on basis of relocation pounds 119,438 – no jurisdiction to determine eviction costs Citations: [2002] EWLands ACQ – 127 – 1999 Links: Bailii … Continue reading Prielipp and Another v Secretary of State for Environment, Transport and the Regions: LT 8 Feb 2002
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss … Continue reading Longden v British Coal Corporation: HL 13 Mar 1997
The tribunal considered the compulsory acquisition of land for the construction of a spine road through a housing development, where rule (3) of the Rules had been considered in the context of whether the land held the key to its completion. Held: In so far as the reference land attracted a special value as the … Continue reading Laing Homes Ltd v Eastleigh Borough Council: LT 1978
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
UTLC COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under no-scheme rule – cancellation assumption – chances of planning permission for different development options – Spirerose – Land Compensation Act 1961 s16(2). … Continue reading Urban Edge Group Ltd v London Underground Ltd: UTLC 4 Jun 2009
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under the 1952 Act. About 383 of the 550 acres were, in the town development plan, … Continue reading Camrose v Basingstoke Corporation: CA 1966
The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development. Judges: Dyson J Citations: Times 11-Jul-1997, [1997] EWHC Admin 538 Statutes: Land Compensation Act 1961 22(2) Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for Environment … Continue reading Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport: Admn 10 Jun 1997
Land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference to another proposal which it replaced. Buxton LJ: ‘[The landowners] contended that . . the … Continue reading Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore): CA 11 Jun 1998
The authority appealed against an order requiring it to pay a sum in compensation on the purchase of land which was more than one hundred times its market value. Held: Where the authority compulsorily acquired open land after declining a planning application for that land by the owner, it was to be valued on the … Continue reading Greenweb Ltd v London Borough of Wandsworth: CA 31 Jul 2008
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development. Held: On a valuation on a compulsory purchase of land, … Continue reading Porter v Secretary of State for Transport: CA 1996
Where payment of compensation for the compulsory purchase of land was delayed, the interest set down by the Act as prescribed from time to time was the only compensation payable for that delay. The claimant’s losses in this case by way of loss of rental income had already been provided for in the calculation of … Continue reading Kashif Mallick v Liverpool City Council: CA 14 Jul 1999
Harman LJ described the section as ‘monstrous legislative morass’ and ‘a Slough of Despond’. Judges: Harman LJ Citations: [1964] 3 All ER 390, [1964] 1 WLR 1218 Statutes: Land Compensation Act 1961 6 Cited by: Appeal from – Davy v Leeds Corporation HL 1965 The Corporation declared an area in which the appellants owned some … Continue reading Davy v Leeds Corporation: CA 1964
The parties disputed the validity of a clause in a car hire contract relating to the consequences of a breach. Held: (Majority) The agreement had been terminated by breach rather than by the exercise of an option, so that the stipulated payment could be, and in fact was, a penalty. Lord Morton said that had … Continue reading Campbell Discount Company Ltd v Bridge: HL 1962
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder. Held: The purpose of the Pointe Gourde principle is to prevent the compensation for the … Continue reading Wilson v Liverpool Corporation: CA 1971
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the road improvements, including the construction of a roundabout, had been carried out. The compulsorily acquired plot was the site … Continue reading Batchelor v Kent County Council: CA 1989
The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit which a purchaser would build into that purchase should affect the compensation. Held: The … Continue reading Ryde International Plc v London Regional Transport: CA 5 Mar 2004
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
UTLC COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – compulsory purchase of former railway land – whether planning permission would have been granted for change of use of former operational building(s) said to be in Green Belt – conditions to be attached to agreed scrap yard and fuel recovery uses – ss. … Continue reading Boulder Bridge Lane Trust v Barnsley Metropolitan Borough Council: UTLC 14 Mar 2017
Hot Air balloon was an aircraft: damages limited The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an aircraft. Held: The appeal was dismissed. There was … Continue reading Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009
LT COMPENSATION – Compulsory purchase of land for the construction of a road – value – assumed planning permission – value of minerals – planning permission for a commercial minerals operation not granted or to be assumed – compensation assessed on basis of agricultural value at andpound;17,000 – Alternative valuation (Rule 50(4) Lands Tribunal Rules … Continue reading C F and M G Roberts v South Gloucestershire District Council: LT 31 Dec 1994
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. The employer had failed to follow the contractual procedure, and the dismissal … Continue reading Botham v The Ministry of Defence: QBD 26 Mar 2010
A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates construed them as under the general law of contract, in which case … Continue reading Fisher v Bell: QBD 10 Nov 1960
UTLC COMPENSATION – planning permission – certificate of appropriate alternative development – section 17 application for ‘full open market residential’ – section 18 appeal against a nil certificate – development plan – imminent revocation of saved structure plan policies at relevant valuation date – emerging local plan policies – material considerations – National Planning Policy … Continue reading Tescan Ltd v Cornwall Council: UTLC 3 Nov 2014
UTLC COMPENSATION – planning permission – compulsory acquisition of land required for local employment regeneration site – appeals against certificates of appropriate alternative development – appeals upheld in part – Land Compensation Act 1961, s18 [2014] UKUT 413 (LC) Bailii England and Wales Planning Updated: 04 January 2022; Ref: scu.552340
Where a certificate of appropriate development was issued for land to be acquired compulsorily, the land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference … Continue reading Newell and others v Secretary of State for the Environment and Another; Fletcher Estates (Harlescott) Ltd v Secretary of State for the Environment and Another: HL 17 Feb 2000
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009
The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At trial the judge held that the part of the article which reported on the proceedings in … Continue reading Dingle v Associated Newspapers: HL 1964
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008
The claimant had obtained a freezing order against the defendants. His claim having been dismissed, the court now considered if and what damages should be paid under the cross-undertaking he had given. Held: Setting out and applying the principles appropriate to such claims, the court found that the defendants had not established that, but for … Continue reading Soutzos v Asombang and Others: ChD 21 Jun 2011
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004
