The court considered the meaning of ‘maladministration’ in the section. Held: Lord Denning MR said: ‘It will cover ‘bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude, arbitrariness and so on.’ It ‘would be a long and interesting list’ clearly open-ended, covering the manner in which a decision is reached or discretion is exercised; but excluding … Continue reading Regina v Local Commissioner for Administration for the North and East Area of England ex parte Bradford Metropolitan City Council: CA 1979
The complainant made a request to the public authority for information regarding a complaint he had previously made against a local authority. The public authority refused the request under section 44 of the Act which provides for an exemption from the right to know where disclosure is prohibited under any other enactment. It said that … Continue reading Commission for Local Administration In England (Decision Notice): ICO 28 Mar 2011
The court considered the power of the Secretary of state to vary or amend an enforcement notice under the Act. Held: He could amend a notice which was otherwise invalid but not one which was upon its face a nullity. Lord Denning MR said: ‘He can correct errors so long as having regard to the … Continue reading Miller-Mead v Minister for Housing and Local Government and Another: CA 1963
Delay in application. Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy. As long as no prejudice is caused, the courts will not rely on these provisions to deprive a litigant who has … Continue reading Regina v Commissioner for Local Administration ex parte Croydon London Borough Council: QBD 1989
Maladministration includes bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude and arbitrariness in reaching a decision or exercising a discretion, but that it has nothing to do with the intrinsic merits of the decision itself.Lord Donaldson of Lymington MR set out the correct view of the relationship between a local authority and the Ombudsman: ‘There … Continue reading Regina v Commissioner for Local Administration ex parte Eastleigh Borough Council: CA 1988
Judges: Bean J Citations: [2011] EWHC 2972 (Admin) Links: Bailii Statutes: Local Government Act 1974 Jurisdiction: England and Wales Local Government Updated: 05 May 2022; Ref: scu.448505
A court having once adjudicated on an issue, it was not open to the Local Government Ombudsman to re-investigate the matters. The availability of additional remedies including compensation did not set aside the general rule. Citations: Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Local Government Act 1974 Jurisdiction: England and Wales Administrative Updated: 28 April 2022; Ref: … Continue reading Regina v Commissioner for Local Administration Ex P H (A Minor): QBD 8 Jan 1999
The complainant made a request to the Local Government Ombudsman for information related to its investigation of a complaint he had previously made against Bolton Metropolitan Borough Council. The public authority refused to disclose the information under section 44 of the Act which provides an exemption from the right to know where disclosure is prohibited … Continue reading Local Government Ombudsman (Decision Notice): ICO 22 May 2007
(New Zealand Court of Appeal) The court was asked about the validity of a decision of a local council where it was said that a councillor had already made up his mind: ‘It cannot be doubted that one of the cardinal principle of natural justice, and one of very wide application, is that in the … Continue reading Lower Hutt City Council v Bank: 1974
Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021
Courts Not to Investigate Parliament’s Actions It was alleged that the respondent had misled Parliament to secure the passing of a private Act. The claimant said that the land taken from him under the Act was no longer required, and that he should be entitled to have it returned. Held: When an enactment is passed … Continue reading Pickin v British Railways Board: HL 30 Jan 1974
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
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Where a local authority directly paid accommodation and subsistence expenses incurred by councillors in attending conferences in the course of their duties, the expenses were not limited by the Act in the way they would be if the councillors had had to claim them back themselves. There was on overriding provision limiting all such payments. … Continue reading Grubb v Pricewaterhousecoopers and Another: QBD 17 Oct 2000
The complainant requested copies of any correspondence between the council and the Local Government Ombudsman between January 2007 and June 2007. The Commissioner understands that this primarily relates to an investigation carried out by the Ombudsman into allegations of maladministration by the council. A report was published by the Ombudsman on 31 May 2007 as … Continue reading Ryedale District Council (Decision Notice): ICO 13 Jul 2009
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
A local authority resisting an appeal by a legally aided plaintiff could be awarded costs. The court should be careful not to depart from the wording of the Act, and an order did not depend upon any finding of wrongful behaviour by a party. The plaintiff had sought to exercise an option in a lease … Continue reading Stretch v West Dorset District Council (2): CA 13 May 1999
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
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID card, birth certificate or living parents. He appealed against the decision of the IAT and now again from the Court of Appeal which said that there was no immigration decision within section … Continue reading MS (Palestinian Territories) v Secretary of State for The Home Department: SC 16 Jun 2010
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017
The claimant applied for a review of a decision by the respondent council not to sell it land. Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to consider what was in the interest of the Council. And in reaching its … Continue reading Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council: Admn 25 Aug 2006
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory. Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the … Continue reading Wilson v Wychavon District Council and Another: Admn 20 Dec 2005
The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes. Held: The defendant’s appeal was allowed in part. There had to be shown something more than repeated infringements to support an injunction. The authority had to show a deliberate and flagrant … Continue reading Guildford Borough Council v Hein: CA 27 Jul 2005
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004
Peer sought declarations that they were the owners, or licensees, of the UK copyright in musical works composed by Cuban nationals, relying on assignments in writing by the composers and in some instances by their heirs. The defendants claimed under other titles. In Cuba laws had been passed to to recover copyrights assigned abroad. Held: … Continue reading Peer International Corporation Southern Music Publishing Company Inc Peermusic (UK) Limited v Termidor Music Publishers Limited Termidor Musikverlag Gmbh and Co Kg -And-Editoria Musical De Cuba: CA 30 Jul 2003
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the notice. A number of informations were laid against Bovis but they were adjourned and the injunction … Continue reading City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988
Application for leave to appeal to the Court of Appeal against a ruling of the Social Security Commissioner. The tibunal was asked if the Court of Appeal any jurisdiction to give leave to appeal from the refusal of a Social Security Commissioner to give leave to appeal to her from a decision of the supplementary … Continue reading Bland v Chief Supplementary Benefit Officer: SSCS 1 Dec 1982
The company appealed a notice requiring them to avoid th eneed for its employees to carry out manual handling operations. Held: The notice was inadequate, and the magistrates had been wrong to try to improve it by adding to it. The inspector had been ready to consider an alternative such as training but this had … Continue reading BT Fleet Ltd v McKenna: Admn 17 Mar 2005
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it had been a failure to make such referrals had led to the overpayments, and that … Continue reading Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions: Admn 30 Oct 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
Maghull Brook passed under a densely populated part of Merseyside, in an enclosed culvert constructed in about 1958. The question was whether this part had become a sewer before 1 April 1974, because of the culverting work. The parties discussed which was responsible for its maintenance, being successors to the authorities who had orginally constructed … Continue reading Sefton Metropolitan Borough Council v United Utilities Water Ltd: CA 31 Jul 2001
The court considered the procedure for a licensing Local Authority and the justices to admit into its consideration any spent convictions of the licence applicant when considering his fitness to hold a Hackney Carriage Licence. Citations: Times 24-Feb-1997, [1997] EWHC Admin 62 Links: Bailii Statutes: Rehabilitation of Offenders Act 1974, Local Government (Miscellaneous Provisions) Act … Continue reading Bernard Charles Admanson v Waveney District Council: Admn 24 Jan 1997
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. Held: There now exists no power in the courts to create new criminal offences. A new criminal offence could … Continue reading Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions: HL 1972
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed. Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties … Continue reading Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers. Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap transaction) with compound interest. It was repayable under the equitable principle … Continue reading Westdeutsche Landesbank Girozentrale v Islington London Borough Council: CA 30 Dec 1993
Citations: [1979] 1 WLR 213 Cited by: Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988 An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ … Continue reading Kent County Council v Batchelor: 1979
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
An injunction was granted to restrain a nuisance because of a threat of irreversible damage. Citations: [1986] 1 WLR 353 Cited by: Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988 An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served … Continue reading Runnymede Borough Council v Ball: CA 1986
Blackmail was alleged under section 21 of the 1968 Act, the letter making the unwarranted demand with menaces having been posted from England to an intended victim in Germany. Held: The appeal was dismissed. To allow an English court to have jurisdiction where elements of the offence occurred abroad, the last act constituting the actus … Continue reading Treacy v Director of Public Prosecutions: HL 1970
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury. Held: It has always been a principle of the interpretation of statutes that the courts should seek to construe them so as to produce a … Continue reading Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another: Admn 26 Apr 2005
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Equity applies its doctrines to the substance, not the form, of transactions. In respect of the rule against self dealing for trustees ‘But of course equity looks beneath the surface, and applies its doctrines to cases where, although in form a trustee has not sold to himself, in substance he has. Again one must regard … Continue reading Tito v Waddell (No 2); Tito v Attorney General: ChD 1977
The council had been found responsible by the magistrates for allowing footpaths to be ‘out of repair’. The paths were unusable for various reasons including having a hawthorn hedge growing down the middle, and having barbed wire fencing strung across. Held: The appeal was allowed in part. A roadway was ‘out of repair’ within the … Continue reading Hereford and Worcester County Council v Newman: CA 1975
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order. Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate predisposition or even giving strong weight to his own manifesto commitment that Partingdale Lane should be re-opened, and … Continue reading Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council: Admn 2 Apr 2003
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder. Held: A minority shareholder bringing a derivative action on behalf of a company could obtain the authority of the court to sue as if he were a trustee suing … Continue reading Wallersteiner v Moir (No 2): CA 1975
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimant, chair of a political party, the English Democrats, said that a blog written and published on the Internet by the defendant was defamatory and contained malicious falsehoods. The blog was said to associate the claimant’s party with racism, saying that a BNP member had joined. The court now looked at whether the article … Continue reading Tilbrook v Parr: QBD 13 Jul 2012
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible. Held: The appeal was dismissed. The claimant did not have an interest in the injured party’s claim of a kind … Continue reading Simpson v Norfolk and Norwich University Hospital NHS Trust: CA 12 Oct 2011
The court considered the importance of the role played by the media in attending and reporting court proceedings. Watkins LJ said: ‘The role of the journalist and his importance for the public interest in the administration of justice has been commented upon on many occasions. No one nowadays surely can doubt that his presence in … Continue reading Regina v Felixstowe Justices ex parte Leigh: CA 1987
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of Parliamentary privilege. Held: A Defendant may not use libel proceedings to impugn … Continue reading Prebble v Television New Zealand Ltd: PC 27 Jun 1994
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
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
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course. Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had also preserved the supporting text and reasoned justification: ‘it makes no sense to preserve naked ‘policies’ shorn … Continue reading Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now appealed against an order reducing … Continue reading Star Energy Weald Basin Ltd and Another v Bocardo Sa: SC 28 Jul 2010
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
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
The court heard a complaint as to the non payment of dividends. Harman J said: ‘It is, in my judgment, vital to remember that actions of boards of directors cannot simply be justified by invoking the incantation ‘a decision taken bona fide in the . .
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports
