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Wyldecrest Parks (Management) Ltd v Kenyon and Others (Occupiers of Pitches At Bartington Hall Park): UTLC 25 Jan 2017

UTLC PARK HOMES – Pitch Fee Review – annual licence fee payable by park owner to local authority – delay in introducing licence fee – whether fee to be taken into account in determining pitch fee review – paras 18(1)(ba) and 20(A1), Sch 1, Mobile Homes Act 1983 – appeal allowed Citations: [2017] UKUT 28 … Continue reading Wyldecrest Parks (Management) Ltd v Kenyon and Others (Occupiers of Pitches At Bartington Hall Park): UTLC 25 Jan 2017

Fowles v Bedfordshire County Council: CA 22 May 1995

The claimant had received some instruction as to the use of gymnastic mats, but the instruction from the defendants was inadequate and had not made him aware of the dangers. Subsequently, when the claimant used the mats with a friend on a subsequent occasion, without supervision, he suffered a serious injury. A Local Authority allowing … Continue reading Fowles v Bedfordshire County Council: CA 22 May 1995

Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995

The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.Morritt LJ discussed section 199: ‘Counsel for the wife … Continue reading Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995

Barrett v Ministry of Defence: CA 3 Jan 1995

The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995

Buckley v Dalziel: QBD 3 May 2007

There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007

C and G Homes Ltd v Secretary Of State For Health: CA 1991

The court was asked whether a health authority’s housing of former mental in-patients in two houses on a residential estate resulted in a breach of one or both of two covenants burdening the houses. One covenant, (20) was: ‘Not to cause or permit or suffer to be done in or upon the property any act … Continue reading C and G Homes Ltd v Secretary Of State For Health: CA 1991

In re Basham dec’d; Basham v Basham: 1986

The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until her stepfather’s death she and her husband lived near the cottage to which her stepfather had … Continue reading In re Basham dec’d; Basham v Basham: 1986

Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown: CA 4 Mar 1999

The claimant wished to construct a new runway on its own land, and it was necessary to carry out works, namely, that trees on nearby land should be lopped or felled so that they would not constitute an obstruction to the flight path. The claimant had been granted a licence by the National Trust to … Continue reading Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown: CA 4 Mar 1999

Boyland and Son Ltd v Rand: CA 20 Dec 2006

The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006

Yorkshire Bank Plc v Hall and Others: CA 18 Dec 1998

The Court of Appeal is not strictly bound by the terms of leave to appeal given, but where the points had been specifically considered a point could only be heard with the leave of the Court of Appeal which had full power to regulate its own proceedings. Judges: Robert Walker LJ Citations: Times 14-Jan-1999, [1998] … Continue reading Yorkshire Bank Plc v Hall and Others: CA 18 Dec 1998

Manning v Hope (t/a the Priory): CA 8 Dec 1998

Where there was an award of damages for personal injuries arising under the Act, the judge was obliged to make some reference to the statutory duties under the Act and his findings relative to them. In the absence of a finding of a breach of duty, the judgment could not be allowed to stand. Citations: … Continue reading Manning v Hope (t/a the Priory): CA 8 Dec 1998

McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

Roles v Nathan: CA 15 May 1963

Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit. Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal succeeded.Lord Denning MR said: ‘the warnings which were given to the sweeps were enough to enable them … Continue reading Roles v Nathan: CA 15 May 1963

Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002

The court refused to set aside the council’s decision to register as a common a lesser area then applied for. ‘ Does the council have power to register a smaller area than applied for? It is perfectly true that there is no express power in either the Act or the Regulations to register a smaller … Continue reading Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002

Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993

A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993

Bridget and Papendick v William Bridgwater: 31 May 1855

Plaintiff claimed a right of common by prescription, in respect of a que estate in land, and also by thirty and sixty years’ enjoyment by the occupiers of the land. Defendant offered evidence that A., now deceased, while tenant of the land for years, had declared that he had no such right in respect of … Continue reading Bridget and Papendick v William Bridgwater: 31 May 1855

Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007

The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright possession. Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. … Continue reading Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007

Toni and Guy (South) Ltd and Another v London Borough of Hammersmith and Fulham: Admn 11 Feb 2009

The council had served a remediation notice on the appellants. The tenants said that they occupied only the ground floor of the building, but that the notice related to other discrete parts which they did not occupy. Held: The authority should have properly identified the actual occupiers. The notice was quashed. Judges: Wyn Williams J … Continue reading Toni and Guy (South) Ltd and Another v London Borough of Hammersmith and Fulham: Admn 11 Feb 2009

Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land which attracted children, but not for an injury arising from unforeseeable … Continue reading Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox. Held: A certifying authority and its inspector were both liable in negligence having certified an … Continue reading Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

Lovell Projects Ltd v Legg and Carver: 2003

The court was asked whether the regulations applied to a construction contract. Judges: Judge Moseley QC Citations: [2003] BLR 452 Statutes: Unfair Terms in Consumer Contracts 1992 Jurisdiction: England and Wales Cited by: Cited – Domsalla (T/A Domsalla Building Services) v Dyason TCC 4-May-2007 A consumer has no grounds for complaining about the construction adjudication … Continue reading Lovell Projects Ltd v Legg and Carver: 2003

Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997

The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997

Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997

The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997

Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it. Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, … Continue reading Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002

Slipping on wet floor of takeaway – claimant had too much to drink – wearing high heels. Held: ‘There is a distinction between particular dangers such as greasy spillages, which it is reasonable to expect a shopkeeper to deal with straightaway, and the general problem posed by walked in water on a wet night, which … Continue reading Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002

Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004

The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts. Held: The situation had to be looked at in the light of the particular circumstances. There … Continue reading Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004

Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of … Continue reading Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

Revenue and Customs v Barkas: UTTC 15 Jan 2015

UTTC VALUE ADDED TAX – zero rating – DIY residential conversion scheme – conversion of two commercial buildings on same site into live/work unit consisting of residential building and workshop/office building – whether residential building designed as a dwelling – whether planning permission description of development as live/work unit and/or condition that workshop/office only to … Continue reading Revenue and Customs v Barkas: UTTC 15 Jan 2015

Barkas v North Yorkshire County Council: CA 23 Oct 2012

The court was asked: ‘When local inhabitants indulge in lawful sports and pastimes on a recreation ground which has been provided for that purpose by a local authority in the exercise of its statutory powers, do they do so ‘by right’ or ‘as of right’?’ The appellant now appealed on an argument not put before … Continue reading Barkas v North Yorkshire County Council: CA 23 Oct 2012

Kaiyam, Regina (on The Application of) v The Secretary of State for Justice: CA 9 Dec 2013

The court was asked as to claims arising from the continued detention of the appellants following the expiry of the ‘minimum terms’ or ‘tariff periods’ of their indeterminate terms of imprisonment. The appellant prisoners said that the respondent’s failure to provide rehabilitation courses meant that they could not earn release. The lower court had rejected … Continue reading Kaiyam, Regina (on The Application of) v The Secretary of State for Justice: CA 9 Dec 2013

Totton and Eling Town Council v Caunter and Another: ChD 11 Jun 2008

The council appealed against an award by the adjudicator of title by adverse possession in favour of the respondents. Held: The appeal succeeded. On any sensible analysis from the Council’s perspective, the Caunters were entitled to remain in possession of the land until such time as it chose to communicate with them to revoke it, … Continue reading Totton and Eling Town Council v Caunter and Another: ChD 11 Jun 2008

Secretary of State for the Environment Food and Rural Affairs v Meier and others: CA 31 Jul 2008

The claimant sought possession of land occupied by the defendant nomadic people. Part of the land only had been occupied by the defendants. Held: An order for possession could be granted not only of the land occupied, but also the remainder of the land. The Court of Appeal ordered that the Secretary of State ‘do … Continue reading Secretary of State for the Environment Food and Rural Affairs v Meier and others: CA 31 Jul 2008

Pirabakaran v Patel and Another: CA 26 May 2006

The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006

Hide v The Steeplechase Company (Cheltenham) Ltd and Others: CA 22 May 2013

The court considered liability after serious injury was suffered by a professional jockey during a steeplechase. His horse threw him after landing and he collided with a guard rail. He now appealed against dismissal of his claim. Held: His appeal succeeded: ‘it is not enough for a defendant, where Regulations apply, simply to comply with … Continue reading Hide v The Steeplechase Company (Cheltenham) Ltd and Others: CA 22 May 2013

BT Pension Scheme Trustees Ltd and Others, Regina (on The Application of) v UK Statistics Authority and Another: Admn 1 Sep 2022

Whether the UK Statistics Authority (‘UKSA’) has acted unlawfully by deciding that the United Kingdom General Index of Retail Prices (‘the RPI’) will in future import the methodology and data sources of the Consumer Prices Index including owner occupiers’ housing costs Judges: The Hon Mr Justice Holgate Citations: [2022] EWHC 2265 (Admin) Links: Bailii, Judiciary … Continue reading BT Pension Scheme Trustees Ltd and Others, Regina (on The Application of) v UK Statistics Authority and Another: Admn 1 Sep 2022

London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

Keelwalk Properties Ltd v Betty Waller and Another: CA 30 Jul 2002

The claimant appealed refusal of its claim for possession against the respondents, occupiers of single-storey wooden bungalows on its land. The leases had expired. The defendants said the structures were their own, and not subject to the lease, and an order would infringe their human rights. They also claimed an estoppel based on reassurances given … Continue reading Keelwalk Properties Ltd v Betty Waller and Another: CA 30 Jul 2002

Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006

Tenants challenging power of freeholders to impose parking regulations on occupiers of development. The landlord appealed. Held: ‘the regulations in the present case – which limited the right to park to the parking of one vehicle at a time – were proper regulations to make. They were regulations which can be seen as necessary if … Continue reading Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006

Salford City Council v Mullen: CA 30 Mar 2010

The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010

H, Regina v: CACD 13 Feb 2008

The judge had ruled that the evidence intended to be offered could not create offences within the 1977 Act. Verdicts of not guilty were entered. The decision was a terminating ruling. The prosecutor failed to give the appropriate section 58 undertaking on appealing. Held: Attending to the purpose of the 2003 Act, the prosecutor’s mistake … Continue reading H, Regina v: CACD 13 Feb 2008

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009

The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant … Continue reading Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009

Shell-Mex v Manchester Garages: CA 1971

The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971

Tarjomani v Panther Securities Ltd: CA 1983

The tenant disputed whether he had surrendered the property in the lease. Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates when the tenant is a party to a transaction that is inconsistent with the continuation of … Continue reading Tarjomani v Panther Securities Ltd: CA 1983

Manchester City Council v Pinnock: CA 31 Jul 2009

The court considered the status in law of ‘demoted tenants’, those who had been secure social housing tenants, but who had only limited security after being found to have behaved anti-socially. The tenant had been refused an opportunity by the county court judge to challenge the conclusions as to fact found by the local authority. … Continue reading Manchester City Council v Pinnock: CA 31 Jul 2009

Ministry of Defence v Radclyffe: CA 30 Jun 2009

The court held the appellant Ministry liable for a soldier’s injuries incurred when jumping from a high bridge. A senior officer had earlier ‘assumed responsibility to prevent the junior soldiers from taking undue risks of which he was or ought to have been aware’. Sir Anthony May pointed out that the senior officer had been … Continue reading Ministry of Defence v Radclyffe: CA 30 Jun 2009

Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987

The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was challenged on the basis that this would be an unlawful … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987

Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009

The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. Judges: Coulson J Citations: [2009] EWHC 493 (TCC) Links: Bailii Statutes: The Housing Grants (Construction and Regeneration) Act 1996 106 Jurisdiction: England and Wales … Continue reading Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009

McKennitt and others v Ash and Another: QBD 21 Dec 2005

The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005

M’Glone v British Railways Board: HL 27 Oct 1965

The appellant sought damages in respect of injuries suffered by his son who received a severe electrical shock, climbing on a booster transformer on premises occupied by the respondents. The First Division had held that the respondents were not liable and granted decree of absolvitor. Held: The father’s appeal failed. The 1960 Act abolishes the … Continue reading M’Glone v British Railways Board: HL 27 Oct 1965

Maloco v Littlewoods; Smith v Litlewoods: HL 5 Feb 1987

The pursuer sought damages after his cafe was burned in a fire which started in a neighbouring insecure abandoned building owned by the defenders. Held: The defendant was held not liable to adjoining occupiers for a fire started by vandals in its disused premises. The question was whether or not the occurrence of such behaviour … Continue reading Maloco v Littlewoods; Smith v Litlewoods: HL 5 Feb 1987

Bermingham v Sher Bros: HL 31 Jan 1980

The claimant sued as widow and administratix of her deceased firefighter’s estate. He had died a fire in a building occupied by the respondent. Held: Her appeal failed: ‘the respondents, as occupier of those premises, owed no duty to firemen such as the appellant’s deceased husband who entered the premises for the purpose of fighting … Continue reading Bermingham v Sher Bros: HL 31 Jan 1980

Hall v Holker Estate Co Ltd: CA 17 Dec 2008

The claimant was injured playing football with his son while playing football at a caravan park owned by the defendant. He appealed dismissal of his claim. They had been using goal posts which collapsed on him injuring his face. It had not been anchored as required by the manufacturer. Held: The appeal was allowed. The … Continue reading Hall v Holker Estate Co Ltd: CA 17 Dec 2008

Tedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa): CA 7 May 2008

A leisure centre appealed a finding of liability under the 1957 Act after a customer slipped on water by a jacuzzi and injured herself, saying that the judge imposed too high a duty of care. Held: The appeal succeeded. ‘If the claimant can prove facts which support the inference that the defendant was at fault, … Continue reading Tedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa): CA 7 May 2008

Portsmouth Youth Activities Committee (A Charity) v Poppleton: CA 12 Jun 2008

The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all risk and might give a false sense of security. Held: It was not sustainable to say that the … Continue reading Portsmouth Youth Activities Committee (A Charity) v Poppleton: CA 12 Jun 2008

South Cambridgeshire District Council v Persons Unknown: CA 17 Sep 2004

The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site. Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore to be deposited, caravans, mobile homes or other forms of residential accommodation to be stationed, or existing caravans or … Continue reading South Cambridgeshire District Council v Persons Unknown: CA 17 Sep 2004

Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007

The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been … Continue reading Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007

Jackson v J H Watson Property Investment Ltd: QBD 7 Jan 2008

The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied that the fault pre-dated the lease, and that the … Continue reading Jackson v J H Watson Property Investment Ltd: QBD 7 Jan 2008

Cotton v Derbyshire Dales District Council: CA 10 Jun 1994

The claimant had been injured falling on land owned by the defendant. The had gone down what he must have known was not a path and fallen over a cliff. He appealed dismissal of his claim. Held: Any notice would only have warned of the obvious difficulty and danger. The land owners were not in … Continue reading Cotton v Derbyshire Dales District Council: CA 10 Jun 1994

Hardy and others v Fowle and Another: ChD 26 Oct 2007

Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered. Held: The lease had been surrendered by a deed. The defects in notice alleged did not affect the result. The bank’s claim under estoppel was made out. Judges: John Randall … Continue reading Hardy and others v Fowle and Another: ChD 26 Oct 2007

Domsalla (T/A Domsalla Building Services) v Dyason: TCC 4 May 2007

A consumer has no grounds for complaining about the construction adjudication process per se under the Regulations Judges: HH Judge Thornton QC Citations: [2007] EWHC 1174 (TCC), [2007] BLR 348 Links: Bailii Statutes: Unfair Terms in Consumer Contracts Regulations Jurisdiction: England and Wales Citing: Cited – Lovell Projects Ltd v Legg and Carver 2003 The … Continue reading Domsalla (T/A Domsalla Building Services) v Dyason: TCC 4 May 2007

Polar Park Enterprises v Allason: ChD 18 Apr 2007

The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction. Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the … Continue reading Polar Park Enterprises v Allason: ChD 18 Apr 2007

Vesely v Levy and others: CA 27 Apr 2007

The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007

Allen v Matthews: CA 13 Mar 2007

The defendants appealed an order refusing title by adverse possession to registered land. They denied that the limitation period had been restarted by their solicitor’s letter acknowledging the title. Held: The letter must be read as a whole. As such it was an admission of title. The requirement that the possession be adverse requires only … Continue reading Allen v Matthews: CA 13 Mar 2007

Robb v Salamis (M and I) Ltd: HL 13 Dec 2006

The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

James Casey and others v Crawley Borough Council: Admn 1 Mar 2006

The range of considerations which any public authority should take into account in deciding whether to invoke its powers can be very wide. Judges: Mr Justice Burton Citations: [2006] EWHC 301 (Admin) Links: Bailii Cited by: Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others … Continue reading James Casey and others v Crawley Borough Council: Admn 1 Mar 2006

Carisbrooke Shipping Cv5 v Bird Port Ltd: AdCt 13 Sep 2005

Action for damages by the Claimant, the owner of the motor vessel CHARLOTTE C, against the Defendant, the owner and operator of Bird Port which is in Newport. The claim is brought under the Occupiers’ Liability Act 1957 and in negligence. It is said that whilst berthed at Bird Port between 8 and 12 May … Continue reading Carisbrooke Shipping Cv5 v Bird Port Ltd: AdCt 13 Sep 2005

Collier v Williams and others: CA 25 Jan 2006

Various parties appealed refusal and grant of extensions of time for service of claim forms. Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could reconsider an application made without notice and on paper, and whether the Hashtroodi guidance was being … Continue reading Collier v Williams and others: CA 25 Jan 2006