The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998
The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of Registration. The application was successful and the applicants’ Certificate of Registration was cancelled with immediate effect. The applicants … Continue reading Jain and another v The United Kingdom: ECHR 9 Mar 2010
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The applicant appealed a refusal of leave to apply for judicial review of a cancellation of the registration of her former nursing home. Held: Since the registrant herself no longer intended to operate a nursing home the application must inevitably fail. Review refused. Citations: [1997] EWCA Civ 2435 Statutes: Registered Homes Act 1984 10 11 … Continue reading Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Bogdal: CA 7 Oct 1997
Decision of two lay members of Registered Homes Tribunal against view of deceased qualified member who had indicated contrary view but had not considered other opinions could not stand. Citations: Times 01-May-1998 Statutes: Registered Homes Act 1984 10 Jurisdiction: England and Wales Administrative Updated: 05 June 2022; Ref: scu.88436
When an authority applies for the revocation of a nursing home’s licence, only evidence relevant to the issues identified in the 1984 Act can be presented. The authority must show a case to the civil standard of proof. The authority need not be limited to the elements set out in the written statement of reasons, … Continue reading Lyons v East Sussex County Council: 1987
The owners of private mental hospital sought to change the character of one of its wards. A patient sought leave to challenge that change by judicial review, arguing that the hospital served a public function. Held: Although the contracting out of the Heath Authority’s functions might not always transfer its public obligations, such obligations might … Continue reading Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002
Citations: 39598/09, [2009] ECHR 1391 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the … Continue reading Jain and another v The United Kingdom: ECHR 16 Sep 2009
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
Sir Douglas Brown [2006] EWHC 3019 (QB) Bailii Registered Homes Act 1974 30 England and Wales Cited by: Appeal from – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of … Continue reading Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty. Held: The magistrate had made his decision on the inaccurate material placed before him. … Continue reading Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007
Land had been purchased which was subject to a restrictive covenant. The papers did not disclose the precise extent of the dominant land, the land which benefitted from the restriction. Held: The land having the benefit of a covenant had to be easily ascertainable. It would be oppressive to expect a purchaser of land to … Continue reading Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004
The court was asked by the parties to a charterparty whether one of them is an ‘Affiliate’ of the charterer for the purposes of provisions in a charterparty by which both the owner and the charterer agreed to indemnify and hold each other harmless (including in the case of the charterer its ‘Affiliates’) in relation … Continue reading Farstad Supply As v Enviroco Ltd: SC 6 Apr 2011
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009
Commercial Sense Used to Interpret Contract The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations. Held: The appeal succeeded. In such a case the court should adopt the more, rather than the less, commercial construction, applying the … Continue reading Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011
The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances existed to justify the non-rectification, and that the judge had erred in giving the revived leases priority. Held: … Continue reading Gold Harp Properties Ltd v Macleod and Others: CA 29 Jul 2014
How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988
