The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for . .
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
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued that they had provided accommodation under section 17 rather than section 20 of the 1989 Act. Held: Once the section 20 … Continue reading H and others v London Borough of Wandsworth and others: Admn 23 Apr 2007
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel. Held: As she had previously been looked after by the local authority for some time, this would be sufficient for her to become a relevant child under … Continue reading L, Regina (on the Application of) v Nottinghamshire County Council: Admn 26 Sep 2007
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. The concept of an equitable term of years is well known to the law. Citations: … Continue reading Regina v London Borough of Tower Hamlets ex parte Von Goetz: CA 8 Oct 1998
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997
The social worker arranged for D, unable to live with her father because he was violent towards her, to live with his fomer partner. The court was asked whether the local authority had simply facilitated a private fostering arrangement, in which case they had no duty to maintain the child, or whether they had accommodated … Continue reading Southwark, London Borough of v D: CA 7 Mar 2007
Sumsheld with regard to residual housing debt are not included in the calculations of the central government subsidy. Citations: Times 17-Aug-1993 Statutes: Local Government Housing Act 1989 74 & 79 Jurisdiction: England and Wales Local Government Updated: 26 October 2022; Ref: scu.87694
An improvement grant made in respect of a house in multiple occupation, became repayable in whole, where the owner of the freehold took up residence in any part of the property. In applying for the grant the owner certified that part of the property would be available for active to someone not a family member. … Continue reading Brent London Borough Council v Patel and Another: ChD 30 Nov 2000
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
Claim for judicial review of a decision of the defendant local authority to refuse to provide accommodation and support to the claimants, together with their parents, under section 17 of the Children Act 1989. Judges: Leggatt J Citations: [2013] EWHC 1205 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government, Children, Housing Updated: 15 September … Continue reading MN and Another v London Borough of Hackney: Admn 10 May 2013
W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not … Continue reading White v Secretary of State for the Environment: CA 1989
Taking into account the scope and policy of the Housing Acts, local authorities’ powers of management of housing accommodation should be construed ‘in the widest possible sense.’ Judges: Lord Greene MR Citations: [1948] 1 KB 274 Jurisdiction: England and Wales Cited by: Approved – Regina v London Borough of Ealing, Ex parte Lewis CA 1992 … Continue reading Shelley v London County Council: CA 1948
The Royal Opera House sought permission and listed building consents to carry out a re-development, extending and modernising the House raising it to international standards, and to develop the surrounding area consistently with that project. Parts of the site were proposed to be used for the erection of office accommodation, which would be a departure … Continue reading Regina v Westminster City Council, ex parte Monahan: CA 1989
Citations: [2018] EWHC 3298 (Admin) Links: Bailii Statutes: Children Act 1989 17, Chronically Sick and Disabled Persons Act 1970 2 Jurisdiction: England and Wales Local Government, Children, Immigration, Housing Updated: 23 July 2022; Ref: scu.631204
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women under the homelessness legislation, though also conceding that she … Continue reading S, Regina (on the Application of) v London Borough of Sutton: CA 26 Jul 2007
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006
This appeal gives rise to important questions about the obligations of a local authority under the Children Act 1989 to provide accommodation and financial support for a child in need in its area when the mother herself is not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor … Continue reading G, Re Application for Judicial Review: CA 11 Apr 2001
The applicants had two severely disabled children. They sought assistance from the local authority in carrying out the necessary adaptations to their home. The authority asked first as to their financial circumstances. They declined, saying that any such consideration was not relevant to the decision. Held: The statutes were unclear, but the result was that … Continue reading Regina ex parte Spink and Another v The London Borough of Wandsworth: CA 18 Mar 2005
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the site. The court was asked whether that 1965 resumption … Continue reading Hartley v Minister of Housing and Local Government: CA 1970
A family had been found to be voluntarily homeless. The family asked the authority to provide housing to the family under the 1989 Act from its duty to care for the children. Held: The 1989 Act did not change the law in the 1980 Act. The authority had a power to assist and Another child … Continue reading Regina (W) v Lambeth London Borough Council: CA 3 May 2002
A change in accounting practice moving interest due to the year accrued did not affect average rate of interest to calculate housing revenue: ‘The words ‘payable on’ plainly do not refer to ‘the average rate.’ One cannot pay an average rate: one can only pay real interest, at whatever the appropriate rate may be. Equally, … Continue reading Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden: HL 12 Mar 1998
The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them. Held: The structure the section is general, and point very clearly to … Continue reading A v The London Borough of Lambeth: Admn 25 May 2001
The Council had given planning consent for a superstore, not appreciating the proposed size, which would contravene national planning policy. In the face of the council’s objections, the Secretary of State revoked the permission. The substantial compensation would fall on the Council. The inspector described the decision as ‘grossly wrong’ and ‘seriously perverse’, and likely … Continue reading Alnwick District Council v Secretary of State for Environment, Transport and Regions and others: Admn 4 Aug 1999
Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989. Judges: Tucker J Citations: [1999] EWHC Admin 711 Links: Bailii Statutes: Children Act 1989 20 Housing, Local Government, Children Updated: … Continue reading Application for Permission; Bibi: Admn 20 Jul 1999
Continuing duties of local authrity to children who have been in care on attaining majority. Citations: (1999) 3 CCLR 38, [1999] EWHC Admin 464 Links: Bailii Statutes: Children Act 1989 24 Cited by: Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001 The words ‘within their area’ in the section had … Continue reading Regina v Kent County Council, Ex parte Salisbury and Pierre: Admn 19 May 1999
Citations: [1997] EWHC Admin 1120 Links: Bailii Statutes: Local Government and Housing Act 1989 Part VIII Cited by: Appeal from – Regina v London Borough of Tower Hamlets ex parte Von Goetz CA 8-Oct-1998 A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five … Continue reading Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Von Goetz: Admn 11 Dec 1997
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. Citations: Times 30-Jun-1997, [1997] EWHC Admin 535, [1998] 1 FLR 253, [1998] Fam Law 20, [1998] 2 FCR 6 Links: Bailii Statutes: … Continue reading Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997
Section 17(1) imposes an obligation in respect of the needs of an individual child. Judges: Kay J Citations: (1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294 Links: Bailii Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte … Continue reading Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and ultra vires. A power to charge did not arise by necessary implication. The words ‘necessary implication’ … Continue reading Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd: HL 14 Nov 1991
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now … Continue reading C v London Borough of Lewisham: CA 4 Jul 2003
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
The applicants appealed an enforcement notice, with regard to a change of use, to use land for a multiplicity of businesses. The inspector had suggested he would correct by amendment an error in the notice. The section provided that an amendment could be made unless it caused injustice. The applicant argued that an amendment could … Continue reading Simms v Secretary of State for Environment, Broxtowe Borough Council: Admn 18 Mar 1997
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
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
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
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient. Judges: Mr Jack Beatson, … Continue reading Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009
The House considered the concept of a spent planning consent. Held: This was a mineral operation and every shovelful dug amounted to another act of development. Therefore, although it had been begun, the planning permission was not spent and remained capable of implementation. A planning permission enures for the benefit of the relevant land and … Continue reading Pioneer Aggregates (UK) Limited v Secretary of State for the Environment: HL 1985
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
UTLC LEASEHOLD ENFRANCHISEMENT – lease extension – maisonettes – whether deferment rate should be increased by 0.25% to reflect an additional risk of deterioration – whether the Leasehold Reform, Housing and Urban Development Act 1993 confers any benefit in ‘unsophisticated’ West Midlands market – whether a discount should be made to the FHVP value to … Continue reading Midland Freeholds Ltd and Another, Appeals Against Decisions: UTLC 29 Dec 2017
The applicant had come to England from Guyana. She married here and had a child, but after her divorce, she was to be removed back to her home country. She applied for emergency housing, but was offered only short term housing and the cost of a flight back to Guyana for herself and her child. … Continue reading Regina (M) v Islington London Borough Council and Another: QBD 5 Jun 2003
LEASEHOLD ENFRANCHISEMENT – Premium – whether FTT made arithmetical mistake in calculating value of existing lease – whether allowance for the benefit of the Act should be made – deferment rate adjustments – whether appropriate to allow for Schedule 10 rights under Local Government and Housing Act 1989 – whether long leasehold value should be … Continue reading Contactreal Ltd v Smith Re Hitchman Court: UTLC 16 May 2017
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
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
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
Judicial review of the policy adopted by Salford City Council (‘the Council’) for calculating the amount of financial assistance to be provided under section 17 of the Children Act 1989 (‘the 1989 Act’) to meet the needs of children and their parents who are destitute as they had no accommodation and no means of providing … Continue reading Mensah v Salford City Council: Admn 28 Oct 2014
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
UTLC LEASEHOLD ENFRANCHISEMENT – maisonette – premium – freehold reversion – whether reduction in value appropriate to reflect risk of tenancy continuing under Local Government and Housing Act 1989, Schedule 10 – if so, whether adjustment to be made at end of original term or extended term – held deduction appropriate at end of original … Continue reading Midland Freeholds Ltd, Re 68 Mallaby Close: UTLC 7 Jul 2014
Entitlement to housing grant. [1997] EWHC Admin 909 Local Government and Housing Act 1989 116 England and Wales Local Government, Housing Updated: 04 January 2022; Ref: scu.137854
ECHR Article 1 Jurisdiction of states Jurisdiction of Azerbaijan as regards a disputed area near Nagorno-Karabakh on the territory of Azerbaijan Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Impossibility for an Armenian citizen displaced in the context of the Nagorno-Karabakh conflict to gain access to his home … Continue reading Sargsyan v Azerbaijan: ECHR 16 Jun 2015
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The court considered the determination of a new rent on the conversion of a long tenancy protected under Part I of the 1954 Act to an assured periodic tenancy under the 1988 Act. The tenant had carried out improvements which she now wanted to be discounted in calculating the rent. If it was not so … Continue reading Hughes v Borodex Ltd: CA 27 Apr 2010
Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979
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 applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether price enhanced by value potentially available from a redevelopment of the building into a single house – extent of risks regarding ability to obtain vacant possession and carry out such redevelopment – how such risks would affect properly advised hypothetical purchaser – Leasehold Reform, Housing and Urban … Continue reading Cadogan v 2 Herbert Crescent Freehold Ltd: LT 15 May 2009
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
The tenant under a long lease appealed against a rent assessment which increased the amount payable to a level where she lost her security of tenure. She said that 17 year old improvements she had made should not have been taken into account. Held: The words of the Act were clear and the value of … Continue reading Hughes v Borodex Ltd: Admn 25 Mar 2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority instead to arrange for him to be accommodated … Continue reading G, Regina (on the Application of) v London Borough Of Southwark: HL 20 May 2009
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The court considered the extent of an Authority’s duties when a young woman (17) came to its attention under section 17 of the 1989 Act. The claimant was fleeing the domestic violence of her partner. The authority had said that she should seek help not from Social Services but instead through family services or victim … Continue reading MM, Regina (on the Application of) v London Borough of Lewisham: Admn 6 Mar 2009
The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee sought to recover from the defendant who was responsible for the court service. … Continue reading Poulton v Ministry of Justice: CA 22 Apr 2010
The Council had granted planning permission for four student housing units. The Executive complained that they were too near to a liquified gas storage depot. The Court was now asked whether the impact of any compensation which might be payable on any revocation of the consent was a proper material consideration for the Council in … Continue reading The Health and Safety Executive v Wolverhampton City Council: SC 18 Jul 2012
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 court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The court of appeal had refused leave to appeal against … Continue reading Lane v Esdaile: HL 5 May 1891
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 validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and . .
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
