It was argued that proceedings brought under s94 by information not complaint were a nullity. Held: The argument failed. A failure to comply with an abatement notice was a criminal offence, but proceedings could also be brought by complaint under s99 Citations:  1 All ER 260,  1 WLR 203 Statutes: Public Health Act … Continue reading Northern Ireland Trailers Ltd v Preston County Borough: 1972
EAT Equality Act 2010 section 27B. Victimisation. The claimant applied for a vacancy advertised by the respondent. He was qualified for the post and was the only applicant. The respondent shortlisted him but prior to interview decided to withdraw the vacancy. The HR department of the respondent thought that there was a high risk of … Continue reading Das v Ayrshire and Arran Health Board (Equality Act 2010 Section 27B Victimisation): EAT 28 Nov 2014
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
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
ECHR Article 3 Positive obligations Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation Facts – The applicant alleged that she was subjected to sexual abuse by a teacher (LH) in 1973 when she was a pupil in a state-funded National School owned and … Continue reading O’Keeffe v Ireland: ECHR 28 Jan 2014
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also that there was an action estoppel. Held: An English court should not … Continue reading Barrett v Universal-Island Records Ltd and others: ChD 15 May 2006
Interpretation of CICB Scheme The court should not construe the scheme as if it were a statute but as a public announcement of what the Government was willing to do. This entails the court deciding what would be a reasonable and literate man’s understanding of the circumstances in which he could under the scheme be … Continue reading Regina v Criminal Injuries Compensation Board ex parte Webb: CA 1987
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
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
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
UTLC COMPENSATION – electricity – grant of necessary wayleave under Schedule 4 of Electricity Act 1989 – overhead line – injurious affection – whether section 44 of the Land Compensation Act 1973 applies – application of the principle of equivalence Sir Keith Lindblom, P, AJ Trott FRICS  UKUT 214 (LC) Bailii Land Compensation Act … Continue reading Stynes v Western Power (East Midlands) Plc: UTLC 19 Jul 2013
COMPENSATION – LAND COMPENSATION ACT 1973 Part 1 – runway extension at Southend Airport – whether use of extension depreciated the value of 10 representative properties – physical factors – noise – change in number and type of commercial aircraft . .
Only economic losses are recoverable following a dismissal. . .
The claimants sought to claim for personal injuries against the defendant company, now in administration, and their insurers using the 1930 Act. The insurers said they were not liable to indemnify the company. The parties disputed the standing of an . .
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 . .
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act.
Held: (Majority) Because the land subject to notices to treat was required for . .
ECJ 1. A legal obligation in general terms requiring transport rates to be approved by public authority cannot in itself be deemed to constitute a ‘tariff obligation’ within the meaning of article 2 (5) of . .
A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired.
Held: There was no need to . .
The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its . .
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. . .
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LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease . .
LT COMPENSATION – residential dwellings – claims for injurious affection caused by the effects of physical factors following construction of a new road – Land Compensation Act 1973 Part 1. . .
COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of a new road – noise, vibration, dust, artificial lighting – comparables – compensation assessed at pounds 1,000. . .
UTLC COMPENSATION–whether the 3 year time limit provided by section 19(3) of the Land Compensation Act 1973 for making a claim for compensation in respect of depreciation in value of interest in land caused by . .
COMPENSATION – limitation – Land Compensation Act 1973 – whether proceedings brought when notice of reference sent to Tribunal – whether notice of reference a nullity if failing to identify all persons interested in the land – held claim not statute . .
LT COMPENSATION – preliminary issue – Land Compensation Act 1973 Part I – house affected by road traffic noise – whether claimant owner at relevant date – whether claim statute-barred – held claimant not entitled . .
LT COMPENSATION – Land Compensation Act 1973 Part I – house affected by road alterations acquisition by agreement of right to enter land to build wall for purpose of works compensation paid pursuant to this – . .
LT COMPENSATION – Land Compensation Act 1973, Part 1 – residential dwelling – injurious affection – effects of noise, dust, fumes and artificial lighting following construction of a highway improvement scheme – . .
LT COMPENSATION – Land Compensation Act 1973 Part I – aerodrome – substantial alterations to aprons – whether purpose or main purpose the provision of facilities for a greater number of aircraft – held that it . .
LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development . .
COMPENSATION – claim under Part 1 of Land Compensation Act 1973 – residential dwelling- injurious affection- effects of noise, vibration, smell, fumes and the discharge on to the land of liquid substances, following construction of a new road bridge . .
UTLC COMPENSATION – Land Compensation Act 1973, Part 1- residential dwelling injurious affection – effects of noise, dust, fumes and artificial lighting following construction of a highway improvement scheme – . .
Where a local authority came to be obliged to pay compensation for home loss to a tenant, there was nothing usually to prevent the authority setting off against that sum any rent arrears. The two balances arose out of the same relationship, that of landlord and tenant. This may not always apply, the answer may … Continue reading Khan v Islington London Borough Council: CA 6 Jul 1999
LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development corporation – hoardings removed by corporation – whether claimant displaced in consequence of acquisition – whether corporation an authority possessing compulsory … Continue reading Mills V Allen Ltd v Commission for New Towns (trading as English Partnerships): LT 31 Dec 2000
‘Should this court overturn the decision of the Upper Tribunal (Lands Chamber) (‘the Tribunal’) not to award successful claimants their costs of pursuing claims for compensation under Part 1 of the Land Compensation Act 1973 on the indemnity basis, where the compensation awarded to them had exceeded offers of settlement made by them before the … Continue reading Mann and Others v Transport for London: CA 29 Jun 2018
LT COMPENSATION – simplified procedure – compulsory acquisition of grassland with hardstanding and shed – whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement – whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 – whether compensation for reinstatement can be claimed as disturbance … Continue reading Nicholls v Highways Agency: LT 31 Dec 1997
COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of second runway at Manchester Airport – noise, vibration and fumes – impact of agreed increase in noise – analysis of conflicting valuation evidence – compensation assessed at pounds 72,500 and pounds 40,000  UKUT 370 (LC) Bailii … Continue reading Robertson and Others v Manchester Airport Plc: UTLC 25 Oct 2010
UTLC COMPENSATION – Land Compensation Act 1973 Part I – dwelling houses – depreciation in value from physical factors caused by the Coulsdon Relief Road – relevance of noise evidence – valuation evidence based upon transactions and agreed values – transactions preferred – compensation determined at 1% and 4% of agreed switched off values.  … Continue reading Goodman and Others v Transport for London: UTLC 5 Apr 2016
UTLC COMPENSATION – Land Compensation Act 1973 Part I – aerodrome – preliminary issues – runway or apron alterations – relevant date – estoppel – limitation – validity of claim notices – occupation by government department – whether alterations pursuant to a single planning permission but separated by five years a single ‘scheme’ – Johnston … Continue reading Johnston and Others v Tag Farnborough Airport Ltd: UTLC 15 Oct 2015
UTLC COMPENSATION – Land Compensation Act 1973 Part 1 – dwelling house – depreciation by physical factors caused by upgrading of adjacent roundabout – compensation of andpound;75,000 awarded N J Rose FRICS  UKUT 501 (LC) Bailii Land Compensation Act 1973 England and Wales Land Updated: 04 January 2022; Ref: scu.552344
UTLC COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of High Speed 1 – impact of increase in noise, if any – whether compensating authority’s expert evidence admissible – held that it was – analysis of conflicting noise and valuation evidence – whether evidence of agreed … Continue reading Toms and Another v The Secretary of State for Transport: UTLC 3 Feb 2011
UTLC COMPENSATION – disturbance – rehousing – claim for disputed costs associated with move -Land Compensation Act 1973, section 38 – statutory disturbance 2,207.30 Pounds  UKUT 232 (LC) Bailii Land Compensation Act 19735 838 England and Wales Land Updated: 04 December 2021; Ref: scu.526455
Ceasing to trade after notice served did not defeat claim for compensation. . .
The claimants lived near Southampton Airport. The airport was altered to allow larger aircraft to use it, and they claimed damages for the increased noise and disturbance. Land had been acquired for additional parking. The number of aircraft flying . .
Carnwath LJ considered the effect of Bugajny and other cases after Sporrong: ‘ Later cases (see eg Bugajny v Poland (Application No 22531/05) (unreported) given 6 November 2007, para 56 and following) have given further guidance on the practical . .
The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been . .
COMPENSATION – Disturbance – rehousing following Closing Order – claim for disputed items – kennelling costs – loss of garden equipment and plants, cooker and fridge, use of garage – loss on forced sale of car – temporary accommodation — increased . .
The airport was the operator liable for compensation. The apron was extended to allow for two more helicopters to be based at the airport, and a neighbouring householder claimed compensation for loss to the value of his house. The Secretary’s . .
Appeal from refusal of home loss payment . .
The builders had agreed as part of the planning process to indemnify the council against all claims incidental to the carrying out of the works for which permission was given. The council had to compulsorily purchase land, and sought repayment from . .
UTLC COMPENSATION – Compulsory purchase of shop and residential accommodation – valuation – basic loss payment – compensation determined at pounds 550,000 – Land Compensation Act 1961 section 5, rule (2)and Land . .
A claimant’s claim for compensation on the compulsory acquisition of his land is but one claim for all those losses which flow from a compulsory acquisition of which the value of the land taken and any injury to retained land is but part of the . .
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
Judge’s attention to be drawn to actual loss sustained for a compensation order to be made. If property is stolen and recovered undamaged, it is not open to the court to make a compensation order in respect of the value of the goods. Citations: Gazette 03-Nov-1993, Times 15-Oct-1993, 15 Cr App R (S) 415 Statutes: … Continue reading Regina v Tyce: CACD 15 Oct 1993
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Sir John Brightman referred to Norton Tool, Stepek and Hilti and then said: ‘The principle behind these three cases is clear. If an employee is unfairly dismissed without due notice and without pay in lieu of notice, he is prima facie entitled to compensation equal to his net pay for the proper period of notice. … Continue reading Everwear Candlewick Ltd v Isaac: EAT 2 Jan 1974
A widow received a widow’s pension under a Coal Board scheme on the death of her husband, which had been caused by the defendants’ negligence. Held: She did not have to give credit for this pension when the value of her dependency on her husband for the rest of his anticipated lifetime (from his earnings … Continue reading Auty v National Coal Board: CA 1985
(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
The court considered issues about the application of, and the relationship between, the principles of need, sharing and compensation in the determination of financial claims under the 1973 Act, specifically: (i) Is an earning capacity capable of being a matrimonial asset to which the sharing principle applies and in the product of which, as a … Continue reading Waggott v Waggott: CA 11 Apr 2018
An abatement order had been made against the council under the 1936 Act. The tenant appealed a finding that the magistrates had had no jurisdiction to award compensation under the 1973 Act. Held: An order under the 1973 Act required a criminal conviction. Section 94 of the 1936 Act created an offence of which the … Continue reading Herbert v Lambeth London Borough Council: QBD 27 Nov 1991
The claimant sought to enforce a restrictive covenant against the defendant a former assistant solicitor as to non-competition within a certain distance of the practice for a period of three years. After leaving she had sought to set up partnership with others to practice in competition. During the period of her notice she worked also … Continue reading Allan Janes Llp v Johal: ChD 23 Feb 2006
Statutory nuisance proceedings are in their nature criminal proceedings, and compensation may be awarded by the court. Citations: Times 07-Nov-1994, (1994) 16 Cr App R (S) 622 Statutes: Environmental Protection Act 1990 82(1) Jurisdiction: England and Wales Citing: Adopted – Regina v Inner London Crown Court ex parte Bentham QBD 1989 The defendant sought legal … Continue reading Botross v Hammersmith and Fulham London Borough Council: QBD 7 Nov 1994
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for misrepresentation. The policies were novel and sophisticated contracts and included clauses modifying the duties of … Continue reading HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003
A judge should withdraw a case which was based on poor identification evidence, and the prosecution must be sure to disclose all identification evidence. ‘In a case dependent on visual identification, and particularly where that is the only evidence, Turnbull makes it clear that it is incumbent on a trial Judge to place before the … Continue reading Regina v Fergus: CACD 29 Jun 1993
In 1982 the surveyor failed to observe serious defects, including a leaking roof and a septic tank with an offensive smell. The plaintiff purchaser could not afford major repairs and executed only minor repairs himself. At the date of the trial the plaintiff was still occupying the house as his home. The judge awarded damages … Continue reading Perry v Sidney Phillips and Son: CA 1982
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was … Continue reading Stafford v The United Kingdom: ECHR 28 May 2002
The House was asked whether or not a person was ‘driving or attempting to drive’ a motor vehicle when he had been stopped by the police in connection with the illumination of his rear number plate, and the driver got out of the car and started to talk to the police and they, smelling alcohol, … Continue reading Pinner v Everett: HL 1969
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 court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of re-hearing; the question was whether the rulings had been … Continue reading Radford and Another v Frade and Others: QBD 8 Jul 2016
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
The court was asked whether Lloyds TSB Bank Plc was entitled to rectify the terms of a compromise embodied in the schedule to a Tomlin order. Mummery, Rimer, Lewison LJJ  EWCA Civ 107 Bailii England and Wales Citing: Cited – Swainland Builders Ltd v Freehold Properties Ltd CA 2002 Swainland Builders Ltd owned the … Continue reading Lloyds TSB Bank Plc v Crowborough Properties Ltd and Others: CA 12 Feb 2013
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
Mr Bettini agreed to sing for Mr Gye in concerts and operas in London between March and July 1875. The contract said he was to be in London ‘without fall’ at least six days before the 30th March for rehearsals. Because of illness, he did not arrive until the 28th. Held: The term was not … Continue reading Bettini v Gye: QBD 1876
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to brokers for the advice given to the Court of Protection which would … Continue reading Eagle (By Her Litigation Friend) v Chambers: CA 29 Jul 2004
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after the full term of the charter. The arbitrator set off that … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain: ComC 21 May 2014
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
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The court considered the interpretation of a term in a contract of insurance to the effect that ‘Warranted Owner and/or Owner’s experienced skipper on board and in charge at all times and one experienced crew member.’, asking whether ‘at all times’ meant 24 hours a day. Held: The owner’s appeal succeeded. If underwriters wish to … Continue reading Pratt v Aigaion Insurance Company SA (‘the Resolute’): CA 27 Nov 2008
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
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The parties were apartment owners in a development, each owning shares in the management company. They disputed the interpreation of the Articles as to whether the owner of more than one apartment was still restricted to one vote at member meetings, or had a number of votes equal to the number of apartments. The articles … Continue reading Sugarman and Others v CJS Investments Llp and Others: CA 19 Sep 2014
Letter Without Prejudice Save as to Costs Husband and wife disputed provision under 1973 Act, and a summons under section 17 of the 1882 Act. The wife had offered to transfer a house to H occupied by his mother, worth about pounds 12,000, in return for him leaving the matrimonial home. He refused the offer … Continue reading Calderbank v Calderbank: CA 5 Jun 1975
Absurdity did not defeat a clear clause A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended. Held: The tenants’ appeal failed (Lord Carnwath dissenting). The words were clear, … Continue reading Arnold v Britton and Others: SC 10 Jun 2015
Commercial Sense Used to Interpret Contract The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations. Held: The appeal succeeded. In such a case the court should adopt the more, rather than the less, commercial construction, applying the … Continue reading Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for payment was made, but when she signed the mortgage … Continue reading Forster v Outred and Co: CA 1981