The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984
Domestic legislation remains in force pending an answer from the European Court. It was not an abuse to prepare many charges against a Defendant pending that decision. Citations: Ind Summary 16-Aug-1993, Times 06-Aug-1993 Statutes: Shops Act 1950 47 Magistrates, Consumer Updated: 09 April 2022; Ref: scu.87185
The Sunday trading law banning trading on Sunday’s does not create any situation of sex discrimination. Citations: Times 27-May-1993, Independent 27-May-1993 Statutes: Shops Act 1950 47, Sex Discrimination Act 1975 Jurisdiction: England and Wales Discrimination, Local Government Updated: 08 April 2022; Ref: scu.79102
The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes. Held: The defendant’s appeal was allowed in part. There had to be shown something more than repeated infringements to support an injunction. The authority had to show a deliberate and flagrant … Continue reading Guildford Borough Council v Hein: CA 27 Jul 2005
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found. Held: The court did not have the necessary jurisdiction. It had … Continue reading Worcestershire County Council v Tongue and others: ChD 6 Aug 2003
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry. Held: The court had no power to make an order to allow access for this purpose:’ truth what the Council is doing is to point to deficiencies … Continue reading Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
