Search Results for: Lands Tribunal Act 1949

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The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold: CA 5 Jul 2012

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

Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006

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

Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 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

Orchard Court Residents’ Association v St Anthony’s Homes Ltd: CA 2003

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

Faraday v Carmarthenshire County Council: LT 24 Jul 2003

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

Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 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

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

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

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

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

Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

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

Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

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

Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967

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

West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970

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

London County Council v Wilkins (Valuation Officer): HL 1957

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

Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

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