Property was offered for sale by tender. The tender documents contained all the detailed terms upon which the contract was to be based. The successful tender was accepted by letter, but by mistake the secretary who typed it typed in the words ‘subject to contract’ at the bottom. The purchaser had refused to complete after … Continue reading Michael Richards Properties Ltd v Corporation of Wardens of St Saviour’s Parish Southwark: 1975
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003
The council appealed an order requiring it to specify an overall maximum charge for licensing taxis. It had fixed an adminsitrative sum plus a sum for the first inspection and further sums for re-inspection. Held: The section envisaged separate charges being made, and no overall limit was properly implied. Judges: Lord Justice Keene Lord Justice … Continue reading Liverpool City Council v Kelly: CA 20 Feb 2003
The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004
Citations: [2003] EWHC 3133 (Admin) Links: Bailii Statutes: Medicines Act 1968 168 Jurisdiction: England and Wales Cited by: Appeal from – National Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005 Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: … Continue reading National Association of Health Stores and Another v Secretary of State for Health and Another: Admn 19 Dec 2003
Appeal from a decision of the Transport Tribunal Citations: [2003] EWCA Civ 599 Links: Bailii Statutes: Goods and Vehicles (Licensing of Operators) Act 1995 37 Jurisdiction: England and Wales Transport Updated: 20 August 2022; Ref: scu.181307
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete licence for nearby premises. The claimants, neighbours, asserted an infringement of their human rights. Held: … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others: Admn 31 Jul 2003
Judges: Sullivan J Citations: [2007] EWHC 2213 (Admin) Links: Bailii Statutes: Licensing Act 2000, Licensing Act 2003 Jurisdiction: England and Wales Licensing Updated: 12 July 2022; Ref: scu.259843
The claimant’s horse had been found after a race to have morphine in his system. It was not thought that the claimant was at fault, but the horse was disqualifed. He sought judicial review of the decision. Held: The decision was a disciplinary one made by a specialist body whose authority over the claimant was … Continue reading Mullins, Regina (on the Application of) v The Jockey Club: Admn 17 Oct 2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
The claimant sought payment of three years’ salary after termination of his service contract. He said that an agreement had been made by the company to purchase a ‘financial institution’, which would trigger the additional payments. The defendants said that the clause requiring the payment was a penalty, and also sought damages under the 1985 … Continue reading Murray v Leisureplay Plc: QBD 5 Aug 2004
Objection was made to the removal of an old on-license by the magistrates. Held: The justices had had no jurisdiction under section 15 because, at the time the application came before the justices, the premises of Mim’s Bar were not ‘occupied’ or about to be ‘occupied’ for a ‘public purpose’ within the meaning of section … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others: Admn 15 Mar 2004
The CPS sought to enforce a confiscation order made by the Crown Court in proceedings against the claimant’s husband. She successfully established that she had been beneficially entitled to a one-half interest in the matrimonial home, and was therefore entitled to half of the proceeds of its sale. She now appealed against refusal of her … Continue reading Grimes v Crown Prosecution Service: CA 27 Nov 2003
The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence. Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which … Continue reading Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003
The parties entered into agreements licensing the exclusive distribution of encrypted television channels within Turkey. A clause provided a calculation of damages for a breach amounting to the balance of licence fees due, and other penalties, including the return of proprietary rights. On a breach the licensors sought to enforce the contract. On an application … Continue reading Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others: CA 21 Nov 2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003
The applicants took in ferrous scrap, sorted and cut it, selling it on to processors who would use the material in a second stage recycling process to produce ingots. The claimed entitlement to credit under the regulations. Held: The second stage was a recycling process, but the first was not. A reprocessor was someone carrying … Continue reading Regina (Mayer Parry Recycling Ltd) v Environment Agency and Another; Corus (UK) Ltd and Another, Interveners: ECJ 19 Jun 2003
The authority sought to control local unlicensed Sunday markets. Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area designated. An argument that a right to prosecute was a sufficient remedy and excluded … Continue reading Leeds City Council v Watkins, Whiteley: ChD 25 Mar 2003
Two of the judges who had acted in Mr Pfeifer’s case also presided at his trial, despite a clear provision of the Code of Criminal Procedure disqualifying them. The Commission dealt with whether the court was ‘established by law’ separately from whether it was ‘impartial’ and held that it was not. The Court held that … Continue reading Pfeifer And Plankl v Austria: ECHR 25 Feb 1992
The respondent company subscribed to a cuttings service, but redistributed the cuttings within its offices. The cuttings agency claimed that the re-distribution infringed their rights in the typographical arrangement. The cuttings did not give any indication of the view of the original layout, and the court held that the cuttings themselves were not such a … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001
The parties agreed in writing for the sale of land, the agreement contained a right of pre-emption. In the event of the owner wishing to sell it was to offer to sell a share in the property by notice. Within 28 days of the notice, the grantee was to accept the offer ‘subject to contract’. … Continue reading Alpenstow Ltd v Regalian Properties plc: ChD 1985
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy. Held: One aim of the legislation is to allow licensing authorities to provide a ‘light touch bureaucracy’ with greater freedom and flexibility for businesses and the avoidance of disproportionate standard conditions. If … Continue reading The British Beer and Pub Association and others v Canterbury City Council: Admn 24 Jun 2005
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003
Lord Evershed said: ‘ . . court proceedings may not be used or threatened for the purpose of obtaining for the person so using for threatening them some collateral advantage to himself, and not for the purpose for which such proceedings are properly designed and exist; and a party so using or threatening proceedings will … Continue reading In re Marjory: 1955
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and therefore not requiring a licence under section 7. Held: It was not possible to argue … Continue reading Oddy, Regina (on the Application of) v Bugbugs Ltd: Admn 12 Nov 2003
A statute in 1950 granted to the port authority powers, inter alia, to grant licences for moorings on the foreshore. These powers overrode the ancient Royal Charter which vested the foreshore in the local authority. Accordingly licences issued by the port authority were effective and binding as against the local authority.The court considered whether the … Continue reading Ipswich Borough Council v Moore and Another: CA 25 Jul 2001
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995
PC (New Zealand) The Board was asked whether whether the effect of the registration of the repondent as licencees to provide ferry services permitted them to operate the ferry service with two vessels or with one vessel only. Held: The appeal failed. There was insufficient in the words of the licence to justify a conclusion … Continue reading Opua Ferries Ltd and Another v Fullers Bay of Islands Ltd: PC 5 Mar 2003
The word ‘ancillary’ in the Act meant subordinate or secondary. Richards -v- Bloxham (Binks) establishes that ‘where there is the provision of both music and dancing and substantial refreshment, that is to say food, to which the supply of intoxicating liquor is ancillary, the relative priorities as between music and dancing and food does not … Continue reading Young v O’Connell: QBD 25 May 1985
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours. Held: The purpose of the licensee must be that the supply of liquor will be ancillary to the provision of music and dancing … Continue reading Luminar Leisure Ltd v Norwich Crown Court: Admn 3 Oct 2003
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004
The claimant sought judicial review of the rate of levy set by the respondent, saying that they operated a new kind of system which was treated unfairly. Held: The procedure followed in settling the levy was unsatisfactory. The claimant would be adversely affected by the structure proposed, but had not been allowed a proper part … Continue reading Sporting Options Plc, Regina (on the Application Of) v Horserace Betting Levy Board: Admn 31 Jul 2003
[2003] EWHC 1305 (Admin) Bailii Environment Protection Act 1990 England and Wales Environment, Crime, Licensing Updated: 28 December 2021; Ref: scu.185336
Sales of alcohol had taken place at a bar within the meaning of section 76(5). Held: Widgery LCJ said: ‘I think it must be remembered that the consumption of liquor in the special hours period, for want of a better phrase, is liquor which is to be ancillary to dancing, music, refreshment or all of … Continue reading Carter v Bradbeer: QBD 1975
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls. Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile … Continue reading Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications: Admn 27 Jun 2003
The applicant appealed revocation of its operator’s licence. Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and not on the operator to demonstrate the contrary. This was clear from the Directive implemented by the … Continue reading Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening: CA 15 Sep 2005
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour. Held: The operator’s licence is a possession within art 1 of the Convention. The Act did not define what was considered to be … Continue reading Crompton T/A David Crompton Haulage v Department of Transport North Western Area: CA 31 Jan 2003
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required licensing. Held: The system was not unlawful. The fare was calculated by a … Continue reading Transport for London v Uber London Ltd: Admn 16 Oct 2015
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
The appellant had overstayed the permitted period of free parking in a retail park by nearly an hour. The parking was managed by the respondent who had imposed a charge of 85.00 pounds. The judge had found that the appellant was in breach of a contract entered into when parking. The charge had been a … Continue reading Parkingeye Ltd v Beavis: CA 23 Apr 2015
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence. Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. … Continue reading Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007
A group of five students was held to form a single household. The court identified the factors to assist in identifying whether a house was being occupied as a single household or not: the origin of the tenancy; whether the residents arrived in a . .
The House considered the definition of a ‘bar’ and the area to which a special hours certificate applied.
Held: The appellant’s conviction for selling intoxicating liquor after prescribed hours was upheld as the sale took place in an area not . .
The parties disputed the licensing charges for use of BTs database. . .
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The claimant wanted to argue that proceedings before the respondent’s licensing sub-committee were an abuse of process. The committee had said it had no jurisdiction to admit such a clam. Held: Any such power in an administrative tribunal must be given explicitly by whatever statute created it. A power could not be implied by law … Continue reading Regina (Harpers Leisure International Ltd) v Guildford Borough Council: QBD 13 Jul 2009
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007
Judges: Pitchford J Citations: [2007] EWHC 816 (Admin) Links: Bailii Statutes: Licensing Act 2003 Jurisdiction: England and Wales Costs Updated: 09 December 2022; Ref: scu.251464
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
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
A trishaw was properly a form of hackney carriage, not a ‘stage coach,’ and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a ‘cross between a rickshaw and a bicycle and a tricycle. Like … Continue reading Regina v Cambridge City Council, Ex Parte Lane: CA 3 Sep 1998
Competing bars challenged the grant of a new licence with substantially increased numbers to the licensee. Judges: Ouseley J Citations: [2008] EWHC 1002 (Admin) Links: Bailii Statutes: Licensing Act 2003 Jurisdiction: England and Wales Licensing Updated: 19 November 2022; Ref: scu.267575
The Council appealed against reversal of its decision to suspend the respondent’s premises licence. Judges: Edwards-Stuart J Citations: [2013] EWHC 249 (Admin) Links: Bailii Statutes: Licensing Act 2003 Jurisdiction: England and Wales Licensing Updated: 17 November 2022; Ref: scu.472659
The issue of a special hours certificate overrode the normal license during the entire period of the special hours granted; The Justices might also state the starting time for the special hours certificate. ‘at all times when the special hours certificate is in operation, the licensee cannot rely on a combination of his on-licence and … Continue reading Regina v Stafford Crown Court ex parte Shipley: CA 12 Dec 1997
An English court does not have to refuse an application which sought to apply a foreign copyright law in a claim based on acts committed abroad on the basis that not actionable here. Such restrictions applicable to land actions only: ‘It is, we think, clear from an analysis of the judgments in the Mocambique case … Continue reading Pearce v Ove Arup Partnership Ltd and others: CA 21 Jan 1999
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000
Appeal against refusal of judicial review of decision to limit opening hours of nightclub. Judges: Longmore, Etherton LJJ, Sir David Keene Citations: [2011] EWCA Civ 462 Links: Bailii Statutes: Licensing Act 2003 Jurisdiction: England and Wales Licensing Updated: 08 September 2022; Ref: scu.434845
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system. Held: The claim succeeded. The council’s Licensing Sub-Committee had failed … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012
The court was asked as to the approach which should be taken by a Magistrates Court hearing an appeal from a decision under the 2003 Act. Held: Before a Magistrates’ Court can interfere with the Sub-Committee’s decision, it must be satisfied that the decision of the licensing authority was wrong.Toulson LJ said: ‘It is right … Continue reading Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others: CA 26 Jan 2011
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
The court had allowed an appeal against a decision of the appellant’s licensing sub-committee refusing a Premises Licence. The Council now appealed against the award of costs, sayin that no reasons had been given. Held: There were no findings of fact made which, applying the principles set out in the City of Bradford case and … Continue reading Leeds City Council v Leeds District Magistrates and Another: Admn 11 Apr 2013
Appeal by way of case stated from a decision of District Judge Pattinson sitting at the Bournemouth Magistrates Court by which he found the appellant, Hall and Woodhouse Limited, guilty of four offences under section 136(1)(a) of the Licensing Act 2003 Citations: [2009] EWHC 1587 (Admin), (2009) 173 JP 433, [2010] PTSR 741 Links: Bailii … Continue reading Hall and Woodhouse Ltd v The Borough and County Of the Town Of Poole: Admn 3 Apr 2009
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell unhappily short of the high standards of fairness and … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited: CA 30 Oct 2002
Judges: Mr Justice Beatson Citations: [2012] EWHC 3834 (Admin) Links: Bailii Statutes: Licensing Act 2003 18(9) Jurisdiction: England and Wales Licensing Updated: 21 July 2022; Ref: scu.471254
The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants had refused to indemnify him should his employers claim under a restrictive covenant. He had … Continue reading Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008
When and to what extent, if at all, can an application to vary a licence under the Licensing Act 2003 be amended? Citations: [2012] EWHC 3467 (Admin), [2014] PTSR 57 Links: Bailii Statutes: Licensing Act 2003 Jurisdiction: England and Wales Licensing Updated: 15 July 2022; Ref: scu.466797
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The court considered whether a clause in an employment agency’s terms and conditions amounted to a penalty and was unenforceable. The contract provided that if the offer was withdrawn by the eventual employer after acceptance but before the employment was taken up, the customer was to pay one third of the annual fee. Held: The … Continue reading Euro London Appointments Ltd v Claessens International Ltd: CA 6 Apr 2006
Judges: Turner J Citations: [2013] EWHC 2174 (Admin), [2013] WLR(D) 420, [2014] PTSR 325 Links: Bailii, WLRD Statutes: Licensing Act 2003 Jurisdiction: England and Wales Licensing Updated: 01 July 2022; Ref: scu.513543
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in … Continue reading Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004
The company refused to disclose the identity of its shareholders, when it applied for an alcohol license. The magistrates refused a licence it on the basis that the information was needed to assess the fitness of the company to hold the licence. The Crown Court refused the licence, but it was then granted on appeal. … Continue reading Regina v Warrington Crown Court Chief Constable of Cheshire Constabulary, Ex Parte RBNB (A Company): HL 20 Jun 2002
The claimant was a football player’s agent. The licensing scheme required disputes, including disciplinary procedures, to be referred to arbitration. He denied that the rule had been incorporated in the contract. He also complained that the Association had agreed to postpone disciplinary proceedings pending the result of other litigation between the parties. Held: The appeal … Continue reading Stretford v The Football Association Ltd and Another: CA 21 Mar 2007
The claimant was injured by a door attendant employed as an independent contractor by the defendant. Held: The defendant’s duty in selecting an independent contractor was limited to assessing the competence of the contractor. The duties of minding the door were not non-delegable, and therefore there was no additional duty to carry insurance against liability. … Continue reading Naylor (T/A Mainstreet) v Payling: CA 7 May 2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
Objections were raised to the grant of a special hours licence. Held: The premises had been adapted to provide for music and dancing and for eating. Four principles were identified: The intended use is that of the licensee, not his customers; that some customers might only drink would not defeat an application; the use to … Continue reading Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004
The judge had awarded the costs of part of an action to one party, and provided that overall the costs were to be assessed if not agreed. The applicant sought to have its costs own assessed. Held: The order did not differentiate between the different parts on the question of assessment, and it was not … Continue reading Regina (on the Application of Chorion Plc) v Westminster City Council: CA 30 Jul 2002
The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its grounds to raise funds. Held: The hospital was liable under the Act. A splat … Continue reading Gwilliam v West Hertfordshire Hospitals NHS Trust and Others: CA 24 Jul 2002
The applicant was undergoing fertility treatment. She wanted to have more than three eggs implanted, but permission for this was refused by the Authority. She sought to challenge that by way of judicial review. Held: Judicial review was not the right way to challenge a scientific view. The authority is a public one, and its … Continue reading Regina (Assisted Reproduction and Gynaecology Centre) v The Human Fertilisation and Embryology Authority: CA 31 Jan 2002
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD. Held: Where a mental patient sought to challenge by judicial review the imposition of treatment without his consent, it was open to the … Continue reading Regina (Wilkinson) v Broadmoor Special Hospital and Others: CA 22 Oct 2001
The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the defence. One of the police witnesses said that no fingerprints were found … Continue reading Edwards v The United Kingdom: ECHR 16 Dec 1992
ECJ Member States are required to refrain from taking any measures liable seriously to compromise the results prescribed by a Directive, even though the date for its implementation has not yet expired.The test as to whether an item is discarded and is therefore waste was described: ”The general concept is now reasonably clear. The term … Continue reading Inter-Environnement Wallonie v Region Wallonne: ECJ 18 Dec 1997
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of … Continue reading Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner: Admn 7 May 1999
Short measures of beer had been sold. One aspect of the case was the responsibility of the company, which was not the licensee, for the shortcomings of an inadequately trained bar person. Held: The question did not really arise because of the way the justices decided the case, but the court questioned the concession made … Continue reading Allied Domecq Leisure Limited v Cooper (West Yorkshire Trading Standard Service): Admn 9 Oct 1998
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it into account in the discharge of their functions. They would be susceptible … Continue reading Regina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher: Admn 11 Jul 1997
Judges: Stadlen J Citations: [2009] EWHC 1850 (Admin) Links: Bailii Statutes: Licensing Act 2003 161 Jurisdiction: England and Wales Licensing Updated: 22 May 2022; Ref: scu.372661
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs. Held: The appellant had not acted unlawfully, but had acted conscientously and properly. The … Continue reading Cambridge City Council v Alex Nestling Ltd: QBD 17 May 2006
A hackney carriage may be plying for hire siomply by waiting in the street available to take passengers. Citations: [1922] 1KB 553 Cited by: Cited – Oddy, Regina (on the Application of) v Bugbugs Ltd Admn 12-Nov-2003 A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. … Continue reading Sales v Lake: 1922
Destitute asylum-seekers could derive benefit from section 21. Held: ‘The destitute condition to which asylum-seekers can be reduced as a result of the 1996 Act coupled with the period of time which, despite the Secretary of State’s best efforts, elapses before their applications are disposed of means inevitably that they can fall within a class … Continue reading Regina v Westminster City Council and others ex parte M, P, A and X: CA 1997
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights. Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life would be so directly effected by the incinerator proposal as to engage article 8, ‘The answer to that … Continue reading Regina (Vetterlein) v Hampshire County Council: Admn 2001
