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Wimbledon Construction Company 2000 Ltd. v Vago: TCC 20 May 2005

Citations: [2005] EWHC 1086 (TCC) Links: Bailii Cited by: Cited – Alexander and Law Ltd v Coveside (21BPR) Ltd TCC 12-Dec-2013 The claimant sought to enforce an arbitration award. The respondent resisted, saying that the claimant faced unresolved insolvency proceedings, and may be unable to repay any sum later found due. . . Lists of … Continue reading Wimbledon Construction Company 2000 Ltd. v Vago: TCC 20 May 2005

In Re Wimbledon and Merton Democratic Club Society Ltd: ChD 7 Jan 1999

A Friendly Society having ceased to operate and discussed dissolution with the Registrar and satisfied him that it had ceased to exist could not then claim to have been merely dormant. Re-constitution was properly refused. A revived society was a new one. Citations: Times 07-Jan-1999 Statutes: Industrial and Provident Societies Act 1965 16(1)(a Jurisdiction: England … Continue reading In Re Wimbledon and Merton Democratic Club Society Ltd: ChD 7 Jan 1999

Wimbledon and Putney Commons Conservators (Other): ICO 12 May 2020

The complainant has requested information regarding an agreement to swap land between Wimbledon and Putney Commons Conservators (WPCC) and a neighbouring Golf Club. WPCC refused to comply with the request on the basis that it was ‘manifestly unreasonable’ and cited regulation 12(4)(b). The Commissioner’s decision is that WPCC is entitled to rely on regulation 12(4)(b) … Continue reading Wimbledon and Putney Commons Conservators (Other): ICO 12 May 2020

Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004

The Commissioners appealed against a refusal of their application for a revocation of the defendant’s voluntary arrangement in that it had failed to comply with section 4. They complained that the arrangement was unfair to them. It had been agreed to pay football creditors in full at the expense of others, in order to avoid … Continue reading Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004

Wimbledon and Putney Commons Conservators v Dixon: CA 1875

A prescriptive right of way had been enjoyed in connection with the use of the dominant land for agricultural purposes, which had included enlarging the farmhouse and rebuilding a cottage. The dominant owner could not use the way for carting materials for the purpose of effecting a residential development on his land. James LJ said: … Continue reading Wimbledon and Putney Commons Conservators v Dixon: CA 1875

Penny v Wimbledon Urban District Council: 1898

The court considered the residual duties of a local authority when hiring an independent company to repair a highway. Citations: [1898] 2 QB 212 Cited by: Cited – Woodland v Essex County Council SC 23-Oct-2013 The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local … Continue reading Penny v Wimbledon Urban District Council: 1898

In re St Mary’s Church, Wimbledon: ConC 17 Mar 2002

An application was made for a faculty to place a plaque at the church commemorative of a couple who had been the only married couple to win a mixed doubles championship title at the Wimbledon Tennis tournament. The two people to be remembered had not worshipped at the church with any regularity, but one was … Continue reading In re St Mary’s Church, Wimbledon: ConC 17 Mar 2002

Essence Bars (London) Ltd (T/A Essence), Regina (on The Application of) v Wimbledon Magistrates’ Court and Another: CA 3 Feb 2016

Appeal from rejection of appeal against revocation of the appellants premises licence. The respondent said that the notice of appeal had been in the wrong form. Beatson, Simon LJJ, Sir Robin Jacob [2016] EWCA Civ 63 Bailii Licensing Act 2003 England and Wales Licensing Updated: 10 January 2022; Ref: scu.559506

Housden and Another Housden v Conservators of Wimbledon and Putney Commons (Easements): LRA 21 Aug 2006

LRA EASEMENT – right of way – prescription – Wimbledon and Putney Commons Act 1871 ss. 8 and 35 – Prescription Act 1832, ss. 2 and 3 – true construction of the word ‘dispose’ – definition of ‘the commons’ – whether the Respondents are capable grantors – doctrine of Lost Modern Grant. [2006] EWLandRA 2005 … Continue reading Housden and Another Housden v Conservators of Wimbledon and Putney Commons (Easements): LRA 21 Aug 2006

Evans v Wimbledon and Putney Commons Conservators and Others: Admn 8 Nov 2013

The claimant owned property by Putney Lower Common. He objected to a proposal to develop further neighbouring land, and in particular the grant of access over the common to the proposed development. Held: Housden must be applied, and ‘Of particular importance in the context of this case is the provision within section 39 which empowers … Continue reading Evans v Wimbledon and Putney Commons Conservators and Others: Admn 8 Nov 2013

Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008

The claimants sought to register a right of way over the common by virtue of use over forty years. The defendants denied that they were able to grant an easement inder the 1871 Act, and that therefore no claim could be laid under prescription. Held: Though the 1871 Act contained a wide provision against alienation, … Continue reading Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008

Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006

The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were andpound;20,000, and that the tenant had done sufficient to be in material compliance with its … Continue reading Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006

Director of Public Prosecutions v Collins: Admn 23 Jun 2005

The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005

Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

Evans Dorothy, Regina v: CACD 6 Dec 2004

The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer. Held: ‘the … Continue reading Evans Dorothy, Regina v: CACD 6 Dec 2004

SB Property Co Ltd v Chelsea Football and Athletic Co Ltd: ChD 6 Nov 1990

Clause 1 of the lease provided that the quarterly rent should be the higher of: (a) the amount payable by the landlord as interest on certain borrowings; and (b) 10% of the Club’s gross receipts as defined. The question arose as to treatment of season ticket payments as accruals: ‘The typical payment which raises a … Continue reading SB Property Co Ltd v Chelsea Football and Athletic Co Ltd: ChD 6 Nov 1990

DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982

ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.The provisions of community law relating to freedom of movement for workers also cover a national of a member state who pursues, … Continue reading DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982

Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004

The liquidator sought to recover his expenses from assets charged under a floating charge in priority to the chargee. Held: Barleycorn was decided in error. The liquidators costs incurred in an insolvent winding up were not to be charged against the assets subject to the floating charge: ‘The winding up of a company is a … Continue reading Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004

Percy v Director of Public Prosecutions: Admn 21 Dec 2001

The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001

Somji v Cadbury Schweppes Plc: CA 20 Dec 2000

Where a party’s agreement to an individual voluntary arrangement had been obtained by an advantage offered to that creditor but not disclosed to others, the entire arrangement could be set aside. In this case the offer to purchase a debt after the arrangement was not an ordinary dealing in distressed debt. There was a duty … Continue reading Somji v Cadbury Schweppes Plc: CA 20 Dec 2000

Kempf v Staatssecretaris Van Justitie: ECJ 3 Jun 1986

The term ‘worker’ when used within community legislation should not be interpreted restrictively. Citations: C-139/85, R-139/85, [1986] EUECJ R-139/85, [1986] ECR 1741 Links: Bailii Cited by: Cited – Barry v London Borough of Southwark CA 19-Dec-2008 The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been … Continue reading Kempf v Staatssecretaris Van Justitie: ECJ 3 Jun 1986

Berkshire and Oxfordshire Magistrates’ Courts v Gannon and Another: QBD 10 May 2000

The applicants had been employed on the administrative staff of a Magistrates’ Court, spending 25-40% of their working day performing duties delegated to them by the clerk to the justices. The Tribunal held that, as an ‘appreciable’ part of their duties was in assisting the JC, they came within the definition in regulation 3(1)(b). Held: … Continue reading Berkshire and Oxfordshire Magistrates’ Courts v Gannon and Another: QBD 10 May 2000

Star Rider Limited v Inntrepreneur Pub Co: 1998

A provision in the lease requiring payment of the rent ‘without any deduction or set off whatsoever’ was effective to exclude any right of deduction or set-off. Citations: [1998] 1 EGLR 53 Cited by: Cited – Altonwood Ltd v Crystal Palace FC (2000) Ltd ChD 7-Mar-2005 The landlord claimed arrears of rent and other payments … Continue reading Star Rider Limited v Inntrepreneur Pub Co: 1998

Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015

The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised by the appeal are, potentially at … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015

Customs and Excise v McLean Homes (Midland) Ltd: 1993

Judges: Brooke J Citations: [1993] STC 335 Jurisdiction: England and Wales Citing: Dicta Applied – Brutus v Cozens HL 19-Jul-1972 The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary … Continue reading Customs and Excise v McLean Homes (Midland) Ltd: 1993

SL Sethia Liners Ltd v Naviagro Maritime Corporation: 1981

The right of deduction and set off under a lease was ‘essentially an act of self-help’. Judges: Robert Goff J Citations: [1981] 1 Lloyds Rep 18 Jurisdiction: England and Wales Cited by: Cited – Altonwood Ltd v Crystal Palace FC (2000) Ltd ChD 7-Mar-2005 The landlord claimed arrears of rent and other payments due under … Continue reading SL Sethia Liners Ltd v Naviagro Maritime Corporation: 1981

British Eagle International Airlines Ltd v Compagnie National Air France: HL 1975

British Eagle, which had gone into liquidation. The parties disputed a contract attempting to reset the ranking of debts. The House was asked whether there was a debt due to the insolvent company at the commencement of its winding-up, to which the netting-off provisions of the IATA clearing house rules then applied. Held: (bare majority) … Continue reading British Eagle International Airlines Ltd v Compagnie National Air France: HL 1975

Director of Public Prosecutions v Hammond: QBD 13 Jan 2004

A preacher repeatedly displayed posters such as ‘Stop Homosexuality’ and ‘Stop Lesbianism’. He had been convicted of displaying a sign which was threatening abusive or insulting within the sight of a person likely to be caused harrassment alarm on distress. On one occasion a crowd of 30 or more had gathered outside his house. Held: … Continue reading Director of Public Prosecutions v Hammond: QBD 13 Jan 2004

Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

Woodland v Essex County Council: SC 23 Oct 2013

The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013

Altonwood Ltd v Crystal Palace FC (2000) Ltd: ChD 7 Mar 2005

The landlord claimed arrears of rent and other payments due under the lease of the football ground occupied by the club. A licence had been granted for the accomodation to be shared with Wimbledon Football Club. The rent varied with the gate receipts, and side letters provided for sums payable under the licence to be … Continue reading Altonwood Ltd v Crystal Palace FC (2000) Ltd: ChD 7 Mar 2005

Merton London Borough Council (Decision Notice): ICO 5 Dec 2012

The complainant has requested information relating to car parking at Wimbledon Park and Morden Park during Wimbledon tennis fortnight in June 2011. London Borough of Merton (the councii) provided some of the requested information but refused to provide details of income received for parking at Morden Park citing the exemption for commercial interests. The Commissioner’s … Continue reading Merton London Borough Council (Decision Notice): ICO 5 Dec 2012

British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978

Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage by the breach rather than paid money to remedy it, an equitable … Continue reading British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978

Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a … Continue reading Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

Jones v First Tier Tribunal and Another: SC 17 Apr 2013

The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme. Held: The appeal was allowed, restoring … Continue reading Jones v First Tier Tribunal and Another: SC 17 Apr 2013

Bauer and Others v The Director of Public Prosecutions: Admn 22 Mar 2013

The appellants had entered Fortnum and Masons to demonstrate against tax avoidance. They appealed against convitions for aggravated trespass. Held: The statutory question posed by s.68 is whether the prosecution can prove that the trespasser has done anything on the land (‘there’), apart from trespassing, with the required statutory intent? As to that, there is … Continue reading Bauer and Others v The Director of Public Prosecutions: Admn 22 Mar 2013

Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011

The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a parade celebrating the return of an army regiment from Afghanistan, but had demonstrated against the war. … Continue reading Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011

Quazi v Quazi: HL 1979

The husband had pronounced a talaq in Pakistan, in accordance with the 1961 Muslim Family Ordinance. The question was whether the English court had jurisdiction on the wife’s petition to dissolve the marriage and make consequential orders relating to a house in Wimbledon in which the wife was living with their son and which belonged … Continue reading Quazi v Quazi: HL 1979

Majorstake Ltd v Curtis: CA 8 Aug 2006

The tenant had given notice under section 42 requiring a new lease. The landlord said it wished to redevelop the apartment by combining it with a neighbouring one. The issue was as to what constituted ‘any premises in which [Flat 77] is contained’ within s47(2)’. The landlord said that the phrase was general and could … Continue reading Majorstake Ltd v Curtis: CA 8 Aug 2006

McFaddens (A Firm) v Platford: TCC 30 Jan 2009

The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009

W v L: CA 1974

For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the . .

Golds, Regina v: SC 30 Nov 2016

The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the . .