The Court was asked: ‘Whether, apart from and without prejudice to paragraph 14 of the defence, the cancellation of the restriction in favour of the claimant on 13th August 2008 and the restriction [sic]’ (by which it is agreed was meant ‘registration’) ‘on that date of Ms Awokiyesi in place of the bankrupt was a … Continue reading Pick v Chief Land Registrar: ChD 21 Jan 2011
Gilliatt The claimant was born in 1949 with barely formed male genitalia. He was registered at birth as a male child. He lived for some of his life as a male and for some time as a female until he underwent gender reassignment surgery in 1999, since which time the claimed lived life entirely as … Continue reading Ryder, Regina (on the Application of) v The Registrar of Births, Marriages and Deaths: Admn 20 Jun 2002
LRA Profit a prendre; right to exercise common of pasture; doctrine of Lost Modern Grant; Prescription Act 1832; Land Registration Act 2002, ss. 33, 34, 40, 65, sch 4, para. 5(b) or (c); Commons Registration Act 1965, ss 1, 13(b); Commons Act 2006; New Forest Claims Act 1854; New Forest Act 1877; Commons Registration (New … Continue reading Anthony Robert Cooper v Alan Charles Prince, Terence John Madden, Paul Nicholas Bakewell (Easements and Profits A Prendre): LRA 31 Aug 2011
LRA Application for first registration of land – objection based on adverse possession – whether application for first registration is ‘action for recovery of land’ – consideration of provisions of Limitation Act 1980 and Land Registration Act 2002 Citations: [2011] EWLandRA 2010 – 1166 Links: Bailii Jurisdiction: England and Wales Registered Land, Limitation Updated: 06 … Continue reading Michael Abbs, Rachel Marie Hoey v Edward James Eldridge, Joanna Claire Eldridge (Adverse Possession): LRA 21 Sep 2011
LRA Adverse possession – Schedule 6 to Land Registration Act 2002 – whether paper owner required application to be dealt with under paragraph 5 in time – Land Registration Rules 2003 Citations: [2011] EWLandRA 2010 – 0499 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 06 November 2022; Ref: scu.465863
LRA Registration of freehold with possessory title based on 12 years’ adverse possession – land in ownership of Crown – application to close title on grounds that 30 years’ adverse possession required – adverse possession not made out for requisite period – whether title acknowledged – acknowledgment sent indirectly to paper title owner- effect of … Continue reading The Secretary of State for Transport v Quest Maidstone Ltd (Adverse Possession): LRA 11 Apr 2011
Application for first registration – lost, stolen, or destroyed documents of title – Respondents’ case based on a claim for adverse possession – relevance or otherwise of the Land Registration Act 2002, sections 97 and 134, Schedule 6 paragraph 5(4), and Schedule12 paragraph 18(1) to the case – Land Registry Practice Guide 2 Citations: [2011] … Continue reading Davies v Lloyd and Another (Evidence): LRA 19 Apr 2011
LRA Applications to alter the proprietorship register – dispute as to the properly appointed trustees of a charity – one party directed to commence court proceedings under section 110(1) of the Land Registration Act 2002 – proceedings struck out for failure to obtain consent of the Charity Commission – whether consent of the Charity Commission … Continue reading Khan and Others v Khan and Others (Practice and Procedure): LRA 27 Jan 2011
LRA Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to proceed taking into account the overriding objective set out in … Continue reading Kent County Council v Jenny Fremlin (Adding and Substituting Parties): LRA 14 Jan 2011
LRA Adverse possession – whether title extinguished by 1984 – application to rectify or alternatively under Schedule 6 to the Land Registration Act 2002 – whether conditions in paragraph 5 met Citations: [2011] EWLandRA 2009 – 1177 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 06 November 2022; Ref: scu.465857
The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to land which was registered to the respondent neighbour. Held: The claimant’s appeal succeeded, but the matter remitted to the adjudicator. Judges: Morgan J Citations: [2012] EWHC 1248 … Continue reading Paton and Another v Todd: ChD 11 May 2012
The opposition was based on four registrations of a device mark which, the opponents claimed, consisted of the letters PC in stylised form. The opposition under Section 5(1) and (5(2)(a) failed automatically as the marks were not identical. Under Section 5(2)(b) the Hearing Officer thought that it was ‘far from certain that consumers would identify … Continue reading Pc Clear (Trade Mark: Opposition): IPO 12 Mar 2002
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. Judges: Proudman J Citations: [2011] EWHC 1489 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964 What is substantial copyingThe plaintiff alleged copying of their … Continue reading Future Publishing Ltd v The Edge Interactive Media Inc and Others: ChD 13 Jun 2011
LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007
The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting right of appeal. The claimant sought to enforce the judgement here. … Continue reading Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
The complainant requested information concerning the DVLA, the DfT and the Information Commissioner’s Office in respect of the application of ‘Regulation 27’ of the Road Vehicles (Registration and Licensing) Regulations 2002. The DVLA provided some information in a redacted format but refused a significant part of the request stating that it did not hold the … Continue reading Driver and Vehicle Licensing Agency (Decision Notice): ICO 20 Oct 2011
Application under section 404 of the Companies Act 1985 for the registration out of time of a charge Citations: [2001] EWCA Civ 140, [2002] BCC 917, [2001] 2 BCLC 316 Links: Bailii Jurisdiction: England and Wales Company Updated: 11 June 2022; Ref: scu.200725
ECJ EEC-Turkey Association Agreement – Freedom of movement for workers – Article 6(1) of Decision No 1/80 of the Association Council – Scope – Registration as duly belonging to the labour force of a Member State – Turkish national pursuing gainful activity in the course of vocational training – Effects of an expulsion order. Citations: … Continue reading Kurz (ne Yuce) v Land Baden-Wurttemberg: ECJ 19 Nov 2002
The first defendant appealed the award of interest on an order for specific performance of a contract for the sale of land. It had declined to complete the purchase because the seller had not been registered as proprietor of the land, and the transfer to it had not been stamped. Held: The transfer to the … Continue reading P and O Overseas Holdings Ltd v Rhys Braintree Ltd and Another: CA 12 Mar 2002
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer. Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in … Continue reading Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
The standard building contract allowed a contractor to take plant and equipment from a site and sell it in payment of sums due under the contract, upon the other contractor becoming insolvent. It was said that this power amounted to a charge over the company’s assets, and should have registered at Companies House. Upon entering … Continue reading Smith (Administrator of Cosslett (Contractors) Limited) v Bridgend County Borough Council; In re Cosslett (Contractors) Ltd: HL 8 Nov 2001
The Asprey family had been in business for many years. Their business was incorporated, and later sold to the claimants. A member of the Asprey family sought to carry on new businesses through limited companies using the family name. Upon request, he changed the names to the names of the respondent companies. Later he left … Continue reading Asprey and Garrard Ltd v WRA (Guns) Ltd and Another: CA 11 Oct 2001
The applicant sought to register, under the Act, an order against the funds of the defendant, who replied that the order sought to be registered had been obtained in a way which would infringe her human rights if obtained here. As a fugitive she had not been allowed to defend the claim. Held: If the … Continue reading Government of the United States of America v Barnette and another: Admn 2002
Local inhabitants requested the alteration of the Town and Village Green register to include land over which they claimed use as of right for more than twenty years. The difference between acquiescence, which would allow the claim, and tolerance or permission which would defeat it is the presence of some positive act of consent. As … Continue reading Regina (on the application of Beresford) v The City of Sunderland: CA 26 Jul 2001
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 claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
The claimant sought registration of an open area as a Commons under the 2006 Act. Until 2002 it had been tenanted by a golf club. The inspector had recommended against registration, saying that the use by the public for lawful pastimes had been for more than twenty years, but that this use had been generally … Continue reading Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council: Admn 20 Dec 2007
LRA On voluntary first registration in 2007, the land registered by mistake included land the paper title to which was vested in the Applicant. It adjoined a block of flats and shops and was used, for the most part under rights granted by their leases, for car parking and waste bins by the tenants. One … Continue reading Knights Construction (March) Limited v Roberto Mac Limited, The Chief Land Registrar (Fraud, Forgery, Duress and Undue Influence): LRA 9 Feb 2011
The court was asked whether the criminalising of trespass to land in the 2012 Act had altered the running of time in applications for registration of title to land by adverse possession. Judges: Ouseley J Citations: [2014] EWHC 1370 (Admin), [2014] WLR(D) 211 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act … Continue reading Best v The Chief Land Registrar and Another: Admn 7 May 2014
The council appealed against a finding of the Deputy Adjudicator of the Land Registry refusing to alter the filed plan of the defendant’s title. Christopher Nugee QC approved the statement of the deputy adjudicator Mr Michael Mark described a change on the filed plan as producing ‘another general boundary in a more accurate position than … Continue reading Derbyshire County Council v Fallon and Another: ChD 11 Jun 2007
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was primarily amongst surfers. The Hearing Officer conducted a ‘multi-factorial’ comparison, and rejected the opposition … Continue reading Bessant and others v South Cone Incorporated; in re REEF Trade Mark: CA 28 May 2002
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011
The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002
LRA ISSUES – claimed adverse possession of unregistered land – claimed adverse possession under Schedule 6 of the Land Registration Act 2002 – effect of NAP Form – whether paragraph 5 conditions engaged – boundary agreement – estoppel [2012] EWLandRA 2011 – 0722 Bailii Registered Land Updated: 30 December 2021; Ref: scu.546239
The commissioner appealed a dismissal of her case against a council, complaining that the council knowingly or recklessly used personal data for the collection of council tax, for which registration had expired. Held: It was not necessary to show that the individual officer making use of the data had been aware of the breach. The … Continue reading Information Commissioner v Islington London Borough Council: Admn 24 May 2002
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002
The parties disputed the position of the boundary between their neighbouring properties. The appellant Z had succeeded in establishing that the the boundary was as they decribed on paper, but the respondents had succeeded in their claim for adverse posession. The appellants said that the occupation having been by consent, it could not be counted … Continue reading Zarb and Another v Parry and Another: CA 15 Nov 2011
The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years. Held: The residents’ appeal failed. In the context of planning applications ‘the test of apparent … Continue reading Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009
LRA Practice and Procedure : Preliminary Issues – Applications to alter the proprietorship register – dispute as to the properly appointed trustees of a charity – one party directed to commence court proceedings under section 110(1) of the Land Registration Act 2002 – proceedings struck out for failure to obtain consent of the Charity Commission … Continue reading Khan, Shah, Ali, Ashraf v Khan, Mohammed, Khalil, Hanif: LRA 27 Jan 2011
Charges and Charging Orders : Charges Imposed Pursuant To Statute – Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to … Continue reading Kent County Council v Fremlin: LRA 14 Jan 2011
LRA Adverse possession under paragraph 5(4) of Schedule 6 to the Land Registration Act 2002. Disputed land fenced in as part of the garden of the house being bought by the Applicants. Reasonableness of Applicants’ belief that the disputed land was part of the property which they bought. [2011] EWLandRA 2010 – 1066 Bailii Land … Continue reading Osborne, Osborne v Lawton, Noyes, Sandford-Fawcett ): LRA 8 Mar 2011
LRA Schedule 6 to Land Registration Act 2002 – Mr Baxter registered with possessory title – whether register can altered under Schedule 4 – Chief Land Registrar ordered to alter register – Right of Way – whether squatter can acquire prescriptive right of way – Chief Land Registrar ordered to cancel application [2011] EWLandRA 2008 … Continue reading Steven John Baxter v Thomas Francis Mannion (Alteration and Rectification of The Register : Correcting A Mistake): LRA 22 Feb 2011
LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013
Strips of land lay between the two hotels operated by the parties. Restrictive covenants had been entered into by the respondent’s predecessors in title. The claimant brought proceedings to enforce the restrictions on the use of the land. An earlier case had been compromised on condition that the covenants be entered on the registers. This … Continue reading Half Moon Bay Limited v Crown Eagle Hotels Limited: PC 20 May 2002
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
LRA Estoppel – Exercise of options – whether defect waived – ‘The Kanchenjunga’ [1990] Lloyds Law Reports 391 – Peyman v Lanjani [1985] 1 Ch 457, HIH Casualty and General Insurance Ltd v AXA Corporate Solutions [2002] EWCA Civ 153, Forrest and Sons Ltd v CGU Insurance Plc [2006] Lloyds Rep 113, Persimmon Homes v … Continue reading Wheatley, Smith As Executors of Henry Thomas Cadbury-Brown v King: LRA 30 Nov 2011
LRA The council challenged the grant of a possessory title to the respondent. He, acting for English Nature had claimed ownership of a section of foreshore of special scientific interest. The respondent argued that the claimant had not asserted any contrary interst and should not be heard. The council appealed against acceptance of that argument … Continue reading Pilling Parish Council v Stephen Wells (Practice and Procedure): LRA 6 Mar 2008
Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an article which was said falsely to associate the claimants with terrorist activity. Held: … Continue reading Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The claimants, serving prisoners, sought damages saying that the refusal to allow them to vote was in infringement of their human rights. The large numbers of claims had been consolidated in London. The claimant sought to withdraw his claim. Held: The claims failed and were struck out: ‘there are no reasonable grounds in domestic law … Continue reading Tovey and Others v Ministry of Justice: QBD 18 Feb 2011
The court was asked ‘can a man who has got his name registered as the proprietor of a parcel of registered land by wrongly claiming that he had been in adverse possession for ten years hang on to that title if the original proprietor, within 65 days of its being posted to him, failed to … Continue reading Baxter v Mannion: CA 22 Feb 2011
The claimants, organisers of the Indian Premier cricket League, met with organisations in England seeking to establish a similar league in the Northern Hemisphere. A copy of a note came to the defendant, chairman of the England and Wales Cricket Board, who in turn wrote to the President of the Indian Board in terms said … Continue reading Modi and Another v Clarke: CA 29 Jul 2011
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively owned the ground and first and second floors of a bulding. Access to … Continue reading Chaudhary v Yavuz: CA 22 Nov 2011
The Chief Land Registrar appealed against the dismissal of his appeal against the adjudicator’s decision on the cancellation of a unilateral notice. On the day of the adjudication, the Silkstones had purported to withdraw their case, wanting to take it forward instead in the High Court. The adjudicator had proceeded in any event, ordering the … Continue reading The Chief Land Registrar v Silkstone and Others: CA 14 Jul 2011
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
Appeal from rejection of claim to registered land by adverse possession. Judges: Prosser QC HHJ Citations: [2012] EWHC 3085 (Ch), [2013] 1 Ch 363, [2013] 2 WLR 844, [2012] WLR(D) 319, [2012] 47 EG 126, [2013] 1 P and CR 22, [2013] 2 All ER 84 Links: Bailii Statutes: Land Registration Act 2002 11 Jurisdiction: … Continue reading Yeates and Another v Line and Another: ChD 12 Nov 2012
LRA Application to close registered title by documentary title owners/ first registration of possessory title based on adverse possession/ Whether factual and mental elements of adverse possession established/ Whether the occupation was with consent/ Whether witness statements made by their apparent author/ whether a witness offered an inducement to give evidence/ Whether a further adjournment … Continue reading Phillips and Others v Vaughan: LRA 4 Mar 2016
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995
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
The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005
Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an allegation of unfairness. While in some situations public and private … Continue reading Modahl v British Athletic Federation Limited: CA 28 Jul 1997
Appeal by prospective purchaser of property from order that contract rescinded, and deposit forfeited. Judges: Morritt LJ Citations: Gazette 26-Mar-1997, Times 21-Mar-1997, [1997] EWCA Civ 1062, [1997] 1 WLR 1016 Links: Bailii Statutes: Land Registration Act 1925 110 Jurisdiction: England and Wales Citing: Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA … Continue reading Urban Manor Limited v Sadiq: CA 20 Feb 1997
The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension. Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the … Continue reading Khan v General Pharmaceutical Council: SC 14 Dec 2016
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
A person may have a sufficient interest in the making of an entry to enable him (or it) to apply for the entry of a restriction within the meaning of section 43(1)(c) of the Act, on the basis of a claim to an interest in the registered estate, even if that claim is not justiciable … Continue reading The Republic of Croatia v The Republic Of Serbia: ChD 2 Jul 2009
Landlord and Tenant – Appointment of Manager – manager appointed by FTT – no restriction entered on register of title – property acquired by nominee on behalf of tenants exercising right of collective enfranchisement – whether nominee taking free of management order – whether participating tenants in breach of management order – whether FTT should … Continue reading Urwick and Another v Pickard: UTLC 22 Nov 2019
Hazel Marshall QC discussed the idea of consent in adverse possession claims, saying that mere acquiescence in another’s use of one land is not the same as the grant of permission for that user for the purposes of the stopping time running in favour of an adverse possessor. More generally: ‘Limitation is not so much … Continue reading J Alston and Sons Ltd v BOCM Pauls Ltd: ChD 28 Nov 2008
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004
ECHR Article 37-1 Striking out applications State’s unilateral declaration recognising violation of applicants’ rights and awarding compensation: struck out Facts – The applicants were two religious groups and six individuals. In 2002 the two applicant groups’ enrolment in the national register of associations was annulled as they could not be classified as a private-law entity … Continue reading Union of Jehovah’s Witnesses of Georgia and Others v Georgia (Dec): ECHR 21 Apr 2015
Compulsory purchase Citations: [2008] EWLandRA 2007 – 0167 Links: Bailii Statutes: Compulsory Purchase (Vesting Declarations) Act 1981 3 4 5 6 9, Acquisition of Land Act 1981 5 11 12 13A 15 23, Compulsory Purchase of Land (Vesting Declarations) Regulations 1990, Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990, Adjudicator to HM Land … Continue reading London Borough of Wandsworth v Rapose, Rapose, Rapose, De Souza, Rapose, Gracias, Haq, Scullion: LRA 1 Apr 2008
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to … Continue reading Machado v Secretary of State for the Home Deptment: CA 19 May 2005
The taxpayer complained that the assessment imposed by the Commissioners was wholly unreasonable, and void. The tribunal had found the assessment wholly unreasonable, but the High Court had allowed the Commissioners’ appeal. Held: There was no objective standard against which an assessment, necessarily an estimate, could be made. If the officer had done his honest … Continue reading Pegasus Birds Ltd v Commissioners of HM Customs and Excise: CA 27 Jul 2004
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An application had been made for registration of the option, but requisitions had not been … Continue reading Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled. Held: The claimant’s expert survey evidence was defective in several ways, but even so there was no evidence of confusion under the … Continue reading L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006
The claimant sought orders restraining certain uses of its property by a former tenant, the defendant. The defendant sought to register a title by adverse possession. Held: The defendant was not restricted from making such a claim by virtue of the existence of anti-social behaviour injunction proceedings. Judges: Eady J Citations: [2012] EWHC 3129 (QB), … Continue reading Swan Housing Association Ltd v Gill: QBD 7 Nov 2012
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance. Held: The judge had reiterated but not relied upon the statement as to the subjective views of the parties as to the position of the boundary. The plans did not show the … Continue reading Pennock and Another v Hodgson: CA 27 Jul 2010
LAND REGISTRATION – BOUNDARY DISPUTES – application for a determined boundary, section 60 of the Land Registration Act 2002 – evidence – decision made on a basis not put to the parties – weight to be given to expert evidence Citations: [2022] UKUT 113 (LC) Links: Bailii Statutes: Land Registration Act 2002 60 Jurisdiction: England … Continue reading Cattermol v Jordan and Others: UTLC 27 Apr 2022
The disputed land, which had been unregistered until 2010 but was admittedly within the paper title which the Respondents first registered in 2010, comprised a steep bank down from a lawn to a field. It had been enclosed within the Applicant lawn owners’ land since 1980 at least. It was so enclosed by a scrappy … Continue reading Price, Price v Bartlett-Ward, Petrides, Saunders, Ward: FTTPC 2 Jul 2018
The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004
The applicant had been an employee of the objector at their nightclub ‘Chinawhite’ and whose principal attraction was a cocktail of the same name. Employees signed a confidentiality agreement as to the recipe. Having left the employment, the appellant set up a company with a similar name and applied for the mark ‘CHINA WHITE’. The … Continue reading Harrison v Teton Valley Trading Co; Harrison’s Trade Mark Application (CHINAWHITE): CA 27 Jul 2004
The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used to reject his claim were discriminatory had been rejected by the employment tribunal and EAT on the basis that they had no jurisdiction. Held: The section and rules establishing the Training authority clearly reserved to that … Continue reading British Medical Association v Chaudhary: CA 15 May 2003
The need to avoid conflict between trade marks registered in more than one country within the community was not dealt with by the Directive, but regard had to taken of the Convention. The Cour d’Appel had issued a final judgment in proceedings for registration of the mark in France. Held: An English court was not … Continue reading Prudential Assurance Co Ltd v Prudential Insurance Co of America: CA 12 Mar 2003
When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and … Continue reading Reynolds v Brent London Borough Council: CA 4 Dec 2001