Challenge to blight notice Citations: [2008] EWCA Civ 1109 Links: Bailii Statutes: Town and Country Planning Act 1990 149(2) Jurisdiction: England and Wales Land, Planning Updated: 07 December 2022; Ref: scu.380348
The local authority sought to remove forty families of Irish travellers and gypsies residing on unauthorised sites in their district. Judges: Collins J Citations: [2008] EWHC 987 (Admin), [2008] 19 EG 205, [2008] NPC 59, [2008] JPL 1787 Links: Bailii Statutes: Town and Country Planning Act 1990 8178 Jurisdiction: England and Wales Planning Updated: 22 … Continue reading Mccarthy and others v Basildon District Council: Admn 9 May 2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
The issue in this application is the way in which the Secretary of State should approach an appeal made under Section 78 of the Town and Country Planning Act 1990 where the local planning authority is of the view there has been no valid planning application. Is he entitled to substitute his own view of … Continue reading Blackmore, Regina (on The Application of) v Parliamentary and Health Service Ombudsman: Admn 18 Dec 2008
The caravan park operated under planning consents requiring the caravans to be occupied only during certain months. The defendants had bought their mobile homes from the claimants to occupy full time, and said that the claimants knew of this. The claimants purported to impose new leases with clauses requiring the site not to be occupied … Continue reading Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
The court considered the circumstances under which it might exercise its jurisdiction to prevent an abuse of process in confiscation proceedings. The circumstances where a confiscation might be oppressive are: ‘where demonstrably (i) the defendant’s crimes are limited to offences causing loss to one or more identifiable loser(s), (ii) his benefit is limited to those … Continue reading Morgan v Regina; Bygrave v Regina: CACD 20 Jun 2008
The complainant requested information regarding an investigation carried out by the public authority into allegations that the decision to grant planning permission for ground close to the complainant’s property was made improperly. The public authority refused the request, on the basis that Regulation 12(5)(b) applied. The Commissioner finds that this exception is engaged and that … Continue reading Warwickshire Police (Decision Notice): ICO 19 Mar 2008
COMPENSATION – electricity – preliminary issues – reference by consent – deed of grant for easement of overhead electricity line – provision for additional payment if planning permission granted for residential development – whether barn conversion for holiday lets residential development – held that it was – whether compensation to be assessed at date of … Continue reading Moyce v National Grid Electricity Transmission Plc: LT 25 Apr 2008
The appellant, a pharmacist had been convicted of inflating his claims for monthly payments by a small amount. He sought a stay of confiscation proceedings, saying that they amounted to an abuse. Held: The jurisdiction to order stay for abuse of process must be exercised with considerable caution ‘indeed sparingly’. That the effect of a … Continue reading Shabir v Regina: CACD 31 Jul 2008
Challenge to the grant of planning permission to create a marina in an area designated as a mussel fishery. Judges: Davis J Citations: [2008] EWHC 921 (QB) Links: Bailii Statutes: Menai Strait Oyster and Mussel Fishery Order 1962 Jurisdiction: Wales Cited by: Appeal from – Isle of Anglesey County Council and Another v The Welsh … Continue reading Isle of Anglesey County Council and Another v Welsh Ministers and others: QBD 6 May 2008
LT RESTRICTIVE COVENANT – modification or discharge – obsoleteness – practical benefits of substantial value or advantage – injury – proposal for conservatory and removal of part of garden wall – effect of development on visual amenity to objectors’ retained land – planning permission granted – modification ordered – Law of Property Act 1925, section … Continue reading O’Brien and Another, in re 2 Turnpike Road, Tadcaster: LT 22 Feb 2008
LT BLIGHT NOTICE – preliminary issue – house – whether claimant company has a qualifying interest – meaning of owner-occupier – counter-notice of respondent upheld – Town and Country Planning Act 1990 section 168. Judges: A J Trott FRICS Citations: [2008] EWLands BNO – 205 – 2006 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Aardvark Sre Ltd v Sedgefield Borough Council: LT 5 Feb 2008
The manager of a service station had accepted deliveries of ‘off road’ diesel on behalf of his employer, who had then sold it on without payment of duty. The judge had felt constrained (‘contrary to his commonsense view of the true benefit’) to conclude that the manager who had been paid pounds 15,000 by his … Continue reading Sivaraman, Regina v: CACD 24 Jul 2008
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009
The court considered the rejection of an application for temporary planning consent by the gipsies to place a caravan on land in a green belt. Held: The appeal succeeded. There was a requirement to balance the need to maintain the green belt and to recognise the particular human rights consequences of depriving somebody of what … Continue reading Wychavon District Council v Secretary of State for Communities and Local Government and others: CA 23 Jun 2008
The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which emphasised the need for competition. Held: The appeal against the allowance of the entry for the roposed … Continue reading Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit): CA 5 Dec 2008
Application to quash Local Development Core Strategy. Judges: Wilkie J Citations: [2008] EWHC 2644 (Admin) Links: Bailii Statutes: Planning and Compulsory Purchase Act 2004 113 Jurisdiction: England and Wales Planning Updated: 19 July 2022; Ref: scu.277546
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
The claimant sought specific performance of a contract for the sale of land. The purchase was under an option agreement. The option was exercisable on the grant of planning permission within a certain period, extensible in the case of an appeal. Held: The contract did not impose much by way of obligation on the buyer … Continue reading Chantry Estates (South East) Ltd v Anderson and Another: ChD 3 Oct 2008
Citations: [2008] EWHC 2364 (Admin) Links: Bailii Statutes: Planning and Compulsory Purchase Act 2004 3(5) Jurisdiction: England and Wales Planning Updated: 19 July 2022; Ref: scu.276998
The court gave guidance on the meaning of ‘garden’ in planning law. Judges: Moses LJ Citations: [2008] EWHC 2408 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – McInerney v Portland Port Limited QBD 2001 In order to identify whether land comprises of garden, it is necessary not only to look at its appearance … Continue reading Rockall v Department for Environment, Food and Rural Affairs: Admn 3 Jul 2008
Challenge to order requiring the claimant to remove an advertising hoarding. Judges: Sir Michael Harrison Citations: [2008] EWHC 1912 (Admin) Links: Bailii Statutes: London Local Authorities Act 1995 11 Planning, Media Updated: 19 July 2022; Ref: scu.272754
Interpretation of section 106 agreements. Citations: [2008] EWHC 916 (Ch), [2008] JPL 1440, [2009] 1 P and CR 5 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 July 2022; Ref: scu.267363
The authority appealed against an order requiring it to pay a sum in compensation on the purchase of land which was more than one hundred times its market value. Held: Where the authority compulsorily acquired open land after declining a planning application for that land by the owner, it was to be valued on the … Continue reading Greenweb Ltd v London Borough of Wandsworth: CA 31 Jul 2008
Appeal against quashing of part of local plan. Citations: [2008] EWCA Civ 861 Links: Bailii Statutes: Planning and Compulsory Purchase Act 2004 Jurisdiction: England and Wales Planning Updated: 18 July 2022; Ref: scu.271220
Judges: Collins J Citations: [2008] EWHC 1741 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986 The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly … Continue reading Dinedor Hill Action Association v County of Herefordshire District Council and Another: Admn 24 Jul 2008
The claimants said that the the laws restricting residence and voting rights and oher constitutional arrangements on the Isle of Sark were in breach of European law, and human rights law. Held: The claims failed. The composition of Chief Pleas under the Reform Law are not inconsistent with the rights conferred by Article 3, nor … Continue reading Barclay and Others, Regina (on the Application of) v The Seigneur of Sark and Another: Admn 18 Jun 2008
Judges: Keith J Citations: [2008] EWHC 1540 (Admin) Links: Bailii Statutes: Planning and Compulsory Purchase Act 2004 Jurisdiction: England and Wales Planning Updated: 17 July 2022; Ref: scu.270618
Citations: [2008] EWHC 1258 (Admin) Links: Bailii Statutes: Planning and Compulsory Purchase Act 2004 113 Jurisdiction: England and Wales Planning, Land Updated: 17 July 2022; Ref: scu.270061
The authority appealed by case stated from the dismissal of its complaints that the defendant had altered a listed building. He had been given permission to carry out certain works, but had in effect demolished and rebuilt the property. Held: Had the prosecution been mounted as the works progressed, the works would have been shown … Continue reading East Riding of Yorkshire Council, Regina (on the Application of) v Hobson: Admn 18 Apr 2008
Judges: Sullivan J Citations: [2008] EWHC 678 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 69(1) Planning Updated: 14 July 2022; Ref: scu.266876
LT COMPENSATION – Compulsory purchase – acquisition of town centre site in connection with Metro scheme – planning assumptions – development costs – valuation methodology – valuation – Land Compensation Act 1961 Section 5 rule (2) – compensation awarded andpound;1,165,683.06. Citations: [2008] EWLands CON – 19 – 2007 Links: Bailii Statutes: Land Compensation Act 1961 … Continue reading Jumbuk Ltd v West Midlands Passenger Transport Executive: LT 4 Feb 2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about the safety of their occupational (company) pension following the Maxwell affair.’ The … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 7 Feb 2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Owners of land (Chartbrook) made a contract with a developer (Persimmon) granting Persimmon a licence to develop the land for commercial and residential use. Planning permission was granted and the development was built. The sums payable to Chartbrook under the contract included an ‘additional residential payment’ which was to be calculated according to a defined … Continue reading Chartbrook Ltd v Persimmon Homes Ltd: CA 12 Mar 2008
ICO The complainant made a series of requests concerning the sale of Stevenage Borough Council’s (‘the Council’) freehold interest in an area of land and the granting of planning permission for the site. The Council refused the requests on the basis that either the exclusion under section 14 of the Freedom of Information Act 2000 … Continue reading Stevenage Borough Council (Decision Notice): ICO 7 Apr 2008
The defendant appealed against judgment in favour of his (buyer’s) estate agent for his commission in finding the property for it. A previous offer was rejected by the seller, but a subsequent agent of the buyer obtained the acceptance of a further offer. Was the intriduction by the first agent the effective cause of the … Continue reading Standard Life Assurance Company (Incorporated Under Laws of Scotland By Act of Parliament) v Egan Lawson Limited: CA 21 Nov 2000
Sullivan J rejected an argument that the Secretary of State should have deferred to an Inspector’s judgment as to the merits of a planning application, the Inspector having had a personal viewing of the site. He said: ‘Mr Katkowski referred to the decision in R (on the application of) Newsmith Stainless v Secretary of State … Continue reading Regina (Novalong Ltd) v Secretary of State for the Communities and Local Government: Admn 2008
The complainant requested information from the Council in connection with a planning application and disposal of open space relating to the Hunstanton Green / Pier Project. The request was declined by the Council on the basis that the information was subject to legal professional privilege and was therefore exempted under section 42 of the Act. … Continue reading Kings Lynn and West Norfolk Borough Council (Decision Notice): ICO 8 Jan 2008
The landlord had opposed the tenant’s application to renew his tenancy, and the tenant also claimed title to additional land by adverse possession. The tenant asserted various business uses, some of which the landlord denied. The landlord went into liquidation, the title was disclaimed by the liquidator, and the mortgagee sold on to the defendant. … Continue reading Fowles v Heathrow Airport Ltd: ChD 15 Feb 2008
The defendant sought leave to appeal against a finding of copyright infringement in respect of Ordnance Survey mapping data. It obtained the data and used it to create maps from applications for planning applications. The data had been obtained apparently by use of a student’s password. Held: Summary judgment had been given correctly. LLoyd LJ … Continue reading Controller of HM Stationery Office and Another v Green Amps Ltd: CA 8 May 2008
Mr Plunkett requested a copy of the planning application for Merrick Leisure centre, specifically information relating to the designated parking from Dumfries and Galloway Council (the Council). The Council responded by providing Mr Plunkett with a copy of a Road Officer’s report and a copy of the relevant plan, alongside a explanatory covering letter. Mr … Continue reading Plunkett and Dumfries and Galloway Council: SIC 26 Feb 2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a public place of religious worship, since it was not open to the public, or even to … Continue reading Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
The applicant sought judicial review of the grant of planning permission for a wind farm on neighbouring land. Amongst other things he said that the information required by the order to be placed with the application had not been provided. Held: This application was refused for delay. The need for expedition is of particular importance … Continue reading Finn-Kelcey v Milton Keynes Council: Admn 17 Jul 2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether the decision in Runa Begum was to be interpreted in the light of Tsfayo. … Continue reading Ali v Birmingham City Council: CA 7 Nov 2008
UTTC FINANCIAL SERVICES – Supervisory Notice – Application for direction to suspend effect of notice until reference disposed of – Notice varied Applicant’s permission by removing all regulated activities with immediate effect – Reason for notice being failure to satisfy Threshold Conditions-Respondent not satisfied that Applicant a fit and proper person because in its opinion … Continue reading Walker Trading As Walkers Financial Planning v Financial Conduct Authority: UTTC 3 Feb 2014
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made in order to assess the appropriatenmess of the use of certain drugs, but had not disclosed the mathematical … Continue reading Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners): CA 1 May 2008
Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the import of counterfeit clothing and of money laundering. Held: The burden of showing that the judge acted … Continue reading Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008
The court considered an application for a protective costs order in judicial review proceedings in environmental law cases. Held: The central decision was Corner House Research, but that was to be applied purposively and not rigidly. It was appropriate for the court to enquire as to the claimants arrangements with his lawyers as to costs, … Continue reading Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corp: CA 4 Nov 2008
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had been denied to them, and that the constitution did not achieve a sufficient separation … Continue reading Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others: CA 2 Dec 2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
The defendant appealed against a finding that she was liable to pay her estate agent, appointed as sole agent, on the sale of her property. The eventual purchasers had visited but rejected the property. The agency was later terminated, and the buyers were re-introduced by a subsequent agent. The claimants claimed entitlement because the sale … Continue reading Foxtons Ltd v Pelkey Bicknell and Another: CA 23 Apr 2008
SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008
The claimants were neighbours to a car racing circuit. They complained of noise nuisance. Held: Simon J said: ‘The Claimants’ objections are not to the car and motor-bicycle racing fixtures which amount to about 20 (N1 and N2) events each year (over approximately 45-50 days); but to the noise from the circuit’s other activities, in … Continue reading Watson and Others v Croft Promo-Sport Ltd: QBD 16 Apr 2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that public authorities are obliged at common law to publish reasons for … Continue reading Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 25 Nov 2008
The appellant had been found to have received criminal proceeds along with another. He appealed against an order making him liable for the full amount. Held: The appeal failed. The defendant’s argument did not face the finding that he had been acting jointly with his co-defendants. ‘The committee cannot, however, regard it as disproportionate to … Continue reading Regina v Green: HL 14 May 2008
The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit. Held: Though some criticisms of the Court of Appeal decision were valid, the appeal … Continue reading Crown Prosecution Service v Jennings: HL 14 May 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
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged when, after several months, the court had been presented with no evidence of his involvement. He … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: CA 14 Feb 2008
ZERO-RATING – building – annexe or extension – separate dwelling – planning conditions – Value Added Tax Act 1994 Schedule 8 Group 5 Item 2 Notes 2, 16 and 17 – appeal dismissed . .
The claimant sought to challenge permission given for a new M6 link road.
Held: The objection was unarguable and was dismissed. There was a need to introduce a requirement for prior consent to applications under section 288. . .
Challenge to deemed grant of planning permission for wind farm. . .
The claimant sought possession of a garage. The defendant claimed adverse possession.
Held: The defendant’s appeal against an order for possession failed. The defendant had attended a meeting where his behaviour had allowed other parties to . .
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 . .
References: [2014] UKUT B2 (TCC) Links: Bailii Coram: Herrington UTJ UTTC FINANCIAL SERVICES – Supervisory Notice – Application for direction to suspend effect of notice until reference disposed of – Notice varied Applicant’s permission by removing all regulated activities with immediate effect – Reason for notice being failure to satisfy Threshold Conditions-Respondent not satisfied that … Continue reading Walker Trading As Walkers Financial Planning v Financial Conduct Authority; UTTC 3 Feb 2014
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
One of several judicial reviews of the decision of the Secretary of State for Transport (‘the Secretary of State’), made under section 5 of the Planning Act 2008 (‘the PA 2008’), to designate ‘Airports National Policy Statement: new runway capacity and infrastructure at airports in the South East of England’ Judges: Lord Justice Hickinbottom, Mr … Continue reading Heathrow Hub Ltd and Another, Regina (on The Application of) v The Secretary of State for Transport: Admn 1 May 2019
The claimant seeks to quash the development consent order relating to the proposed new road scheme for the A303 at Stonehenge which was granted by the defendant under the Planning Act 2008 to the applicant, Highways England Judges: Mr Justice Holgate Citations: [2021] EWHC 1642 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 30 … Continue reading Save Stonehenge World Heritage Site Ltd, Regina (on The Application of) v Highways England and Another: Admn 10 Jun 2021
Judicial review to challenge a decision of the Secretary of State for Transport which selected for inclusion in a draft National Policy Statement (‘NPS’) a proposal for a third runway at Heathrow Airport. Judges: Cranston J Citations: [2017] EWHC 121 (Admin), [2017] WLR(D) 54 Links: Bailii, WLRD Statutes: Planning Act 2008 Jurisdiction: England and Wales … Continue reading London Borough of Hillingdon and Others v The Secretary of State for Transport and Others: Admn 30 Jan 2017
The Company seeks two declarations from the court: i) That it has ‘begun’ the development for which the Order granted consent within the meaning of section 155 of the Planning Act 2008 during the period required by virtue of section 154 of the Planning Act 2008 (i.e. by 8 June 2020); and, if so ii) … Continue reading Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy and Industrial Strategy and Others: Admn 25 Nov 2021
The applicant challenged an order for the construction of a road link between the M6 and Heysham. Turner J [2013] EWHC 2937 (Admin) Bailii Planning Act 2008 Transport, Planning Updated: 21 November 2021; Ref: scu.516260
Claim for judicial review of a decision of the defendant local planning authority under section 70A of the Town and Country Planning Act 1990 as amended by the Planning Act 2008 to decline to determine a planning application made to the local planning authority by the claimant. Nicholas Paines QC DHCJ [2013] EWHC 1677 (Admin) … Continue reading Harrison, Regina (on The Application of) v Richmond Upon Thames London Borough Council: Admn 24 May 2013
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007
(New Zealand) Mr Plimmer had occupied land under a revocable licence from the Corporation’s predecessor-in-title and at their request had made extensive improvements to it. He sought compensation when the land was to be vested in the defendant. The defendant denied that he had a sufficient interest. Held: A person having a reasonable expectation that … Continue reading Plimmer v Mayor, Councillors and Citizens of the City of Wellington: PC 1884
An indulgent father had encouraged his son to build a bungalow on his, the father’s, land. The son had done so in the expectation, encouraged by the father, that he would be permitted to remain in occupation. Held: The court formulated the principle of equitable estoppel on the footing that where a person has expended … Continue reading Inwards v Baker: CA 13 Jan 1965
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995
The parties negotiated for a lease, but never signed a contract. The plaintiff expended considerable sums to try to get planning, and once acquired it sought to buy the land, and claimed that Mr Broadhead had taken an unconscionable advantage, entitling the plaintiff to relief in equity. The defendant had repeatedly assured the plaintiffs that … Continue reading Holiday Inns Inc v Broadhead: 1974
Lord President McNeill discussed the postal rule in the law of contract: ‘By putting the letter of acceptance into the post office, the offeree did just what he had been invited to do, and all that it was incumbent on him or possible for him to do by way of acceptance, by the mode of … Continue reading Thomson v James: 1855
Decision after successful request for judicial review of decision to grant planning permission. The respondent and interested party resisted costs orders saying that the claimant had not been successful on all points. Held: In general the award should be made, with limited exceptions. Judges: Haddon-Cave J Citations: [2013] EWHC 3558 (Admin) Links: Bailii Jurisdiction: England … Continue reading Cherkley Campaign Ltd, Regina (on The Application of) v Mole Valley District Council and Another: Admn 15 Nov 2013
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused. Citations: Times 19-Aug-1997, [1997] EWCA Civ 2262, [1998] JPL 49, (1998) 76 P and CR 207, [1997] 3 PLR 55 Links: Bailii Statutes: Town and Country Planning Act 1970 78 Jurisdiction: England … Continue reading Regina v Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others: CA 19 Aug 1997
(High Court of Australia) The plaintiff farmers sought damages for financial losses incurred after the defendant negligently introduced a disease. Although the disease was not shown to have spread, neighbouring farm owners suffered economic loss by the imposition of a potato marketing ban in Western Australia attributable to the proximity of their farms to the … Continue reading Perre v Apand Pty Ltd: 12 Aug 1999
The claimant a former police constable sought judicial review of a decision made by the tribunal, saying that it had had no jurisdiction to make it. The respondent tribunal, having now accepted that it had not had the power it exercised, being then functus officio, nevertheless maintained that the decision should not be quashed where … Continue reading Baker v Police Appeals Tribunal: Admn 27 Mar 2013
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
The claimant owned a public house. It set out with the defendant to to acquire the premises or to take a lease of them. The defendant went into occupation, and carried out works. Negotiations continued, but broke down over the form of protection to be given to the claimant’s rights as a minority shareholder in … Continue reading Pridean Limited v Forest Taverns Limited; Hipwell and Marshall: CA 28 Nov 1996
No application for judicial review could be made before the Secretary of State had confirmed a modification order. Simon Brown LJ identified three categories of case excluded from the statutory review procedure: ‘a) A failure by the statutory decision maker to exercise his jurisdiction . . b) The reasoning underpinning the decision which is otherwise … Continue reading Regina v Cornwall County Council ex parte Huntington and Another: CA 1994
The claimant asserted that the behaviour of the local authority gave rise to a legitimate expectation such as to allow them to commence works in breach of a planning condition. Held: The circumstances under which a claimant might rely upon a legitimate expectation in a planning context will be very rare, and difficult to envisage, … Continue reading Henry Boot Homes Limited v Bassetlaw District Council: CA 28 Nov 2002
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The question at the heart of this matter is what is needed to constitute an effective appropriation of land from one designated use to another, and in particular from designated use as allotment land to land able to be used for other purposes. The judge described Thanet’s case: ‘[Thanet’s] case is simply that in 2006 … Continue reading Ramsgate Town Council v Thanet District Council: ChD 9 Nov 2018
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not … Continue reading Regina v Major Sandhu: CACD 10 Dec 1996
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015