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Regina v East Riding of Yorkshire Council and Kingston Upon Hull City ex parte Michael Bogdal: Admn 24 Jun 1997

The applicant challenged refusal to register his nursing home. He argued that a lease of the premises and business to another was in practice a contract of agency. Held: The applicant having ceased himself to have any direct financial interest in the business, he had no standing to seek judicial review. The authority was free … Continue reading Regina v East Riding of Yorkshire Council and Kingston Upon Hull City ex parte Michael Bogdal: Admn 24 Jun 1997

Jain and another v The United Kingdom: ECHR 16 Sep 2009

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

Regina v Department of Health, Ex Parte Bhaugeerutty and Another: QBD 1 May 1998

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

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

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

Jain and another v The United Kingdom: ECHR 9 Mar 2010

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

Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006

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

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 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

Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004

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

Farstad Supply As v Enviroco Ltd: SC 6 Apr 2011

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

Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

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

Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011

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

Gold Harp Properties Ltd v Macleod and Others: CA 29 Jul 2014

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

Interlego AG v Tyco Industries Inc: PC 5 May 1988

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