Lord Goddard C discussed the ability of the criminal court of appeal to set aside a conviction in exceptional cases where the verdict was ‘one which no reasonable tribunal could have found.’ He said: ‘[T]he fact that some members or all the members of [this] court think that they themselves would have returned a different … Continue reading Rex v Hopkins-Husson: 1949
A landlord obtained an order of certiorari to quash an order of a rent tribunal which had reduced the rent of certain premises without hearing evidence on behalf of the landlord. Counsel appeared on behalf of the tribunal to oppose the making of the order. The court discussed the award of costs: ‘We decide this … Continue reading Rex v Kingston-upon-Hull Rent Tribunal ex parte Black: 1949
The appellant building contractors had been engaged by the Air Ministry to execute works at an aerodrome. They erected on the site, for the purpose of carrying out the contract, offices, garages, canteen for workmen and other structures. Although the site was handed over to the contractors, the conditions of the contract between the contractors … Continue reading John Laing and Son Ltd v Kingswood Assessment Committee: KBD 1949
The mere fact that an enactment shows that Parliament must have thought that the law was one thing, does not preclude the courts from deciding that the law was in fact something different. The position would be different if the provisions of the enactment were such that they would only be workable if the law … Continue reading West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970
Tucker LJ said: ‘There are . . no words which are of universal application to every kind of inquiry and every kind of domestic tribunal. The requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the . .
The Employment Judge dismissed claims for unfair dismissal, disability discrimination and protected disclosure detriment on the basis of res judicata in circumstances where a personal injury action between the same parties had been pursued in . .
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LT COMPULSORY PURCHASE – compensation – estate agent’s office and general offices above – valuation of freehold – whether direct to freehold value or by capitalising rental value – whether disturbance compensation based on assumed relocation of business or lengthy profit losses followed by total extinguishment of business – whether claimant took reasonable steps to … Continue reading Faraday v Carmarthenshire County Council: LT 24 Jul 2003
Proof of corruption not needed for bribe In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary. When a court looks at a decision of a judge at first instance, the court stressed the need to look at the objective facts and the overall … Continue reading Armagas Ltd v Mundogas SA (‘The Ocean Frost’): CA 1985
Citations: [1993] EWCA Civ 24, [1993] 49 EG 115, [1993] EGCS 68, [1993] NPC 60 Links: Bailii Statutes: Lands Tribunal Act 1949 Jurisdiction: England and Wales Land, Damages Updated: 22 November 2022; Ref: scu.262600
The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. Section 175 of the 2002 Act provided that a party to proceedings before a LVT may … Continue reading The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold: CA 5 Jul 2012
The court considered the duties of the High Court when assessing a decision of a professional tribunal: ‘The position is now more accurately stated as requiring appropriate respect to be given to the opinion of the professional tribunal. It is likely that the degree of deference will be higher in technical cases where, for example, … Continue reading Abrahaem, Regina (on the Application Of) v General Medical Council: Admn 26 Jan 2004
The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement compensation under the 1978 Regulations. On remittal of the case, they had found … Continue reading Secretary of State for Justice v Slee: CA 24 Jan 2011
(Court of Appeal of Jersey) The appellant had been convicted of laundering the proceeds of her husband’s drug trafficking. The Attorney-General now appealed against her successful appeal on sentence and confiscation order. Both she and her husband ran legitimate businesses, and she managed the bank accounts. Though the income from the husband’s business increased rapidly, … Continue reading Attorney General for Jersey v O’Brien (Jersey): PC 14 Feb 2006
The court hear an appeal to quarter sessions against a licensing decision taken by a local authority. The application was rejected by the local authority against whose decision an appeal lay to the Quarter Sessions. The Recorder allowed the appeal and the City Corporation appealed to the Court of Appeal Held: (Majority) Where an appellate … Continue reading Sagnata Investments Ltd v Norwich Corporation: CA 1971
COMPENSATION – Costs – s.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – S. 11(1) of Compulsory Purchase Act 1965 – Interest payable on compensation agreed for injurious affection – Delay in accepting sealed offer – Reason for order for costs against claimant. Citations: [2006] EWLands ACQ – 45 – … Continue reading Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006
David Richards J reviewed the authorities and stated the test which has been applied in the tribunals and courts since Gascoyne: ‘The issue is whether the Tribunal misdirected itself in its consideration of the question of abuse of process. The decision as to whether there is or is not an abuse of process requires the … Continue reading HM Revenue and Customs v Dawkin: ChD 2008
EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007
VDT INPUT TAX – Whether there was genuine trade in platinum alloy – Whether Appellant knowingly involved in sham transactions – Hitch and Others v Stone (Inspector of Taxes) [2001] STC 214 considered PROCEDURE – Whether statement of case adequately pleaded – Tribunal’s jurisdiction to strike out – Rules 19(4) and 27(4) VAT Tribunals Rules … Continue reading Plasma Trading Ltd v Revenue and Customs: VDT 14 Mar 2006
COMPENSATION – Costs – Sealed offer accepted – S.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – Reasonable time for acceptance of sealed offer – Guidance as to form of sealed offer Citations: [2006] EWLands CON – 87 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 4(1) Jurisdiction: England … Continue reading Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 2006
EAT Practice and Procedure / Time Limits Application to amend originating application to add a complaint of race discrimination out of time. Appeal against Employment Tribunal’s granting of application allowed. Cross-appeal against Employment Tribunal’s decision that Unfair Dismissal claim lodged out of time (reasonably practicable to present in time). Cross-appeal dismissed. Judges: The Honourable Mrs … Continue reading DSG Retail Ltd v Kirnon: EAT 6 Oct 2004
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
A trustee in breach of his duty has a duty to disclose that breach. It was alleged that the defendants, including a director of the claimant, had submitted false invoices to the claimants, and purchased property with the resulting profits. Held: Mr Pook owed a duty to disclose the bribes that he had taken. He … Continue reading Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003
The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003
EAT Unfair dismissal and Race Relations Act 1976 Unfair dismissal – Exclusions including worker/jurisdiction Three cases were stayed pending the judgment of the House of Lords in Lawson v Serco [2006] ICR 250. The appeal in the British Council case was dismissed on withdrawal after the hearing and before the judgment. In ADT, the Employment … Continue reading ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006
Citations: [2003] 2 EGLR 28 Statutes: Lands Tribunal Act 1949 3(4), Landlord and Tenant Act 1987 Jurisdiction: England and Wales Cited by: Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005 The claimant appealed against a refusal of judicial review of a decision of the Lands … Continue reading Orchard Court Residents’ Association v St Anthony’s Homes Ltd: CA 2003
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
Re-instatement may be inappropriate where an employer has lost confidence in an employee. The Employment Tribunal’s order for re-engagement was set aside where the Respondent genuinely believed that the Claimant was using and dealing in drugs in the workplace and had been guilty of clocking offences. Although the dismissal was found to be unfair due … Continue reading Wood Group Heavy Industrial Turbines Ltd v Crossham: EAT 1998
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
C, a barrister was appointed to hear an election petition under section 115. The petitioners later sought an order of certiorari to quash his costs award. It was claimed that no such remedy lay against the tribunal. Held: Certiorari would lie. Once the election court had made its order, it was functus officio, and not … Continue reading Regina v Cripps, ex parte Muldoon: QBD 1984
A patent for a method of producing asbestos cement was challenged for obviousness.Diplock LJ considered that a development should be treated as obvious if ‘the person versed in the art would assess the likelihood of success as sufficient to warrant actual trial’. However the notion of something being obvious to try was useful only in … Continue reading Johns-Manville Corporation’s Patent: CA 1967
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
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002
The SRA alleged that the Solicitors Disciplinary Tribunal had erred in not finding proven some of the serious allegations against the defendant solicitors proven. Held: Some of the appeals succeeded. Holman J [2016] EWHC 3455 (Admin) Bailii Solicitors Act 1974 England and Wales Cited by: See Also – Solicitors Regulation Authority v Wingate and Another … Continue reading Solicitors Regulation Authority v Wingate and Another: Admn 21 Dec 2016
A worker who had strictly been employed by an agency but on a long term placement at a customer, claimed to have been unfairly dismissed by the customer when that placement ended. Held: To see whether she was an employee the tribunal should follow the established tests, and look at the whole picture, including particularly … Continue reading Montgomery v Johnson Underwood Ltd: CA 9 Mar 2001
The election commissioner, Mr Anthony Cripps QC, had purported to explain many months later what he had meant in an order for costs which he had made when handing down his judgment on an election petition. It was argued that he had had the power to do so under the slip rule (a power conferred … Continue reading Regina v Cripps; Ex parte Muldoon: QBD 1983
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
Lost Expenses as Damages for Contract Breach The court was asked as to the basis in law of the principle allowing a contracting party to claim, as damages for breach, expenditure which has been wasted as a result of a breach. The charterer had been in breach of the contract but the owner had been … Continue reading Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd: ComC 4 Aug 2010
S.29 of the Ceylon (Constitution) Order in Council 1946 gave the Ceylon Parliament power to make laws for the peace, order and good government of the island. S.29(4) gave it the power to ‘amend or repeal any of the provisions of this Order’; but provided that no Bill for amendment or repeal should be presented … Continue reading The Bribery Commissioner v Ranasinghe: PC 5 May 1964
False Prospectus – Issuers liable in Deceit The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off pressing liabilities. … Continue reading Edgington v Fitzmaurice: CA 7 Mar 1885
The respondent occupied a tugboat with his family as his home. The appellant authority had sought to charge council tax, saying that it was a dwelling. The boat was not a houseboat but a live-aboard seagoing vessel, registered in the Small Ships Register; The question was whether it amounted to a heraditament. Held: The listing … Continue reading Reeves (Listing Officer) v Northrop: Admn 6 Mar 2012
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
Contracts of service or for services In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’ Held: The court asked what was the test of … Continue reading Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
Four builders’ moveable huts, which had been erected as temporary structures on a site for 18 months, only one of which was moved from one part of the site to the other during that period, were claimed chattels and therefore not rateable. Held: Whether or not the structures had lost their character as chattels was … Continue reading London County Council v Wilkins (Valuation Officer): HL 1957
Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
The taxpayer had successfully challenged the entry of his houseboat in the rating list at the Valuation Tribunal, but this had been re-instated at first instance. He said that the boat, as a registered seagoing vessel was not a houseboat, and that he occupied only a tidal fore and aft mooring protected by a pit. … Continue reading Reeves (Listing Officer) v Northrop: CA 17 Apr 2013
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence. Held: When looking at the duty of care the court should ask whether the risk was not so remote that a reasonable person would not have anticipated it. It was … Continue reading Bolton v Stone: HL 10 May 1951
EAT UNFAIR DISMISSAL: Contributory faultThe employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to apologise. The Tribunal found that she had been unfairly dismissed, of its own volition raised Polkey but did not raise or consider contributory fault which … Continue reading Swallow Security Services Ltd v Millicent: EAT 19 Mar 2009
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
This is an incomplete list of the senior judicial appointment holders for England and Wales. See also more generally: http://www.judiciary.gov.uk/about-the-judiciary/the-judiciary-in-detail http://www.supremecourt.gov.uk/about/biographies-of-the-justices.html http://en.wikipedia.org/wiki/Lord_Chief_Justice_of_England_and_Wales#Lord_Chief_Justices_of_England_.28later_England_and_Wales29.2C_1875.E2.80.93present http://en.wikipedia.org/wiki/President_of_the_Family_Division https://en.wikipedia.org/wiki/Senior_President_of_Tribunals
