Category: Land

Abubakare Olayiwola Shewu ; Salimot Adetola Shewu and Richmond Upon Thames London Borough Council v London Borough of Hackney: CA 28 Jul 1999

When assessing the value of land compulsorily purchased, the value was that agreed at the date of entry. The existence of a mortgage was not relevant. The authority had a power, but no duty, to repay any mortgage loan, and were not accountable for any interest accruing for any delay. That loss did not flow from the compulsory purchase order.

Citations:

Gazette 11-Aug-1999, Times 28-Sep-1999, [1999] EWCA Civ 1990

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 31 May 2022; Ref: scu.146905

Mcareavey and Another v Coal Authority: CA 19 Jul 1999

A Lands Tribunal awarding compensation after completion of repairs following subsidence arising from mining works is not restricted to awarding damages for the delay in completion for the subsidence, but may also award damages for any diminution in the value of the property.

Citations:

Times 02-Sep-1999, [1999] EWCA Civ 1882

Links:

Bailii

Statutes:

Coal Mining (Subsidence) Act 1957

Jurisdiction:

England and Wales

Land

Updated: 31 May 2022; Ref: scu.146797

Kashif Mallick v Liverpool City Council: CA 14 Jul 1999

Where payment of compensation for the compulsory purchase of land was delayed, the interest set down by the Act as prescribed from time to time was the only compensation payable for that delay. The claimant’s losses in this case by way of loss of rental income had already been provided for in the calculation of the capital sum payable.

Citations:

Times 24-Jul-1999, [1999] EWCA Civ 1832

Links:

Bailii

Statutes:

Land Compensation Act 1961 52

Jurisdiction:

England and Wales

Cited by:

Cited – Ryde International Plc v London Regional Transport CA 5-Mar-2004
The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 31 May 2022; Ref: scu.146747

Timothy Ellis v London Borough of Lambeth: CA 9 Jul 1999

A squatter claiming possession of land as against a local authority should not have his claim defeated because he had not completed a form which would lead to payment of community charge to the authority. His possession was not thereby made secret, and nor did he represent that nobody was in occupation of the property. The failure to complete the form could not become an estoppel against the claimant.

Judges:

Lord Justice Swinton Thomas Mr Justice Wilson

Citations:

Times 28-Sep-1999, (1999) 32 HLR 596, [1999] EWCA Civ 1807

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Fung Kai Sun v Chang Fui Hing PC 1951
The manager of real property owned by the respondents had fraudulently mortgaged it. Following discovery of their manager’s fraud the respondents had delayed for three weeks before telling the purported mortgagees of the forgery, as a result of . .

Cited by:

Cited – Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others CA 1-Dec-2000
A block of flats had been occupied over several years by a succession of squatters. The present occupiers appealed an order for possession, and the authority appealed refusal of possession for other flats. The occupiers asserted possessory title. . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation

Updated: 30 May 2022; Ref: scu.146722

Agodzo v Bristol City Council: CA 27 May 1999

The Council had required the appellant to execute repairs to private sewers serving his properties. When he failed to do them, they did the work, and he now appealed against the costs incurred and charged to him.

Judges:

Henry LJ, Holman j

Citations:

[1999] EWCA Civ 1517, [1999] 1 WLR 1971

Links:

Bailii

Statutes:

Building Act 1984 99(1)

Jurisdiction:

England and Wales

Local Government, Land

Updated: 30 May 2022; Ref: scu.146432

Burns and Burns v Morton: CA 27 May 1999

The parties disputed the line of the boundary between their neighbouring properties.
Held: The appeal failed: ‘the conveyance in respect of each property refers to the wall between the properties as being a division or dividing wall. That phrase clearly, to my mind, indicates an intention that the wall should demarcate the boundaries between the properties and were it not so, as Mr Such rightly submitted, nobody, in particular a purchaser, would be in a position to know where the true boundary between these two properties lay. The plans are not sufficiently detailed to demarcate the boundaries with any exactitude, with the result that the position of the wall, situated very close to the old fence, was the only way in which a purchaser could know what he was buying.’

Judges:

Swinton Thomas, Tuckey LJJ

Citations:

[1999] EWCA Civ 1514, [1999] 3 All ER 646, [2000] 1 WLR 347

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Neilson v Poole ChD 1969
Significance of Boundary agreements
The parties, neighbours, disputed the boundary between their gardens. In a conveyance of land where the plan is stated to be for identification purposes only, the effect of those words: ‘Seems . . to confine the use of the plan to ascertaining where . .
Cited – Watson v Gray 1879
. .

Cited by:

Mentioned – Flack v Lanzante CA 28-Aug-2002
Renewed application for leave to appeal. Boundary dispute. Boundary agreement shown – leave refused. . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 May 2022; Ref: scu.146429

Jones v Stones: CA 11 May 1999

No defence of acquiescence or estoppel arose from a failure by a land owner to pursue a complaint. Such a defence could only be established by some positive act of encouragement or allowance by him. The heart of the action lay in the allowance of a belief to develop as to the rightness of the position.

Judges:

Aldous LJ

Citations:

Times 03-Jun-1999, Gazette 03-Jun-1999, [1999] EWCA Civ 1379, [1999] 1 WLR 1749

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

per incuriam – Habib Bank Ltd v Habib Bank AG Zurich CA 1981
A combination of defences based on delay was pleaded in a passing off action objecting to the use of a name which the defendants had been using without objection for many years. A permanent injunction was claimed.
Held: Oliver LJ said as to . .
Cited – Gafford v A H Graham and Grandco Securities Limited CA 8-Apr-1998
A land owner who was aware of his rights under a restrictive covenant, and who stood by whilst a riding school was erected in breach of the covenant, was not later to be allowed injunctive mandatory relief to enforce the covenant, by virtue of his . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation

Updated: 30 May 2022; Ref: scu.146294

Dance v Triplow: CA 1992

The parties were neighbours. T got planning permission in 1977 to build a two storey extension. D, the plaintiff, knew of the plan and that it would interrupt the light to his bungalow. Over the years, the plan was implemented in stages, and in 1981, after the roof was on, D unsuccessfully sought a variation in the permission to avoid intrusions of his privacy, but raised the question of the interruption of his light only in 1982, and proceedings began only in 1984. At first instance D was awarded damages.
Held: T’s appeal succeeded. Where, as here the interruption as in its nature permanent, the onus of proof was on the plaintiff to establish that at the time he began proceedings, the interruption had been for less than a year. If it has existed for more than a year the onus remained upon him to establish lack of acquiescence. That required establishing his state of mind, by some overt action. That was absent in this case form the plaintiff’s evidence.

Citations:

[1992] 17 EG 103

Links:

RICS

Statutes:

Prescription Act 1832

Jurisdiction:

England and Wales

Citing:

Applied – Presland v Bingham CA 1889
The plaintiff said that his right to light enjoyed by certain windows had been unlawfully obstructed by the building of a wall. The defendant said that the plaintiff’s acquisition of the right by prescription had been interrupted by his practice of . .
Distinguished – Davies v Du Paver CA 1953
The court accepted that local farmers could identify which sheep belonged to what person on the owner’s land but the owner of the land was not able to do so and, not sharing that common knowledge, did not have knowledge of the user, and court denied . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 May 2022; Ref: scu.634816

Presland v Bingham: CA 1889

The plaintiff said that his right to light enjoyed by certain windows had been unlawfully obstructed by the building of a wall. The defendant said that the plaintiff’s acquisition of the right by prescription had been interrupted by his practice of stacking crates from time to time to heights greater then that of the wall. The evidence of this was not consistent.
Held: The defence failed. There had been no sufficient interruption of the prescription period
Where the interruption is in its nature permanent, the onus of proving that the interruption did not amount to the necessary acquiescence is on the plaintiff. Where the proposed act of interruption fluctuates by nature, then the onus falls upon the defendant asserting the interruption of proving it.

Citations:

(1889) 41 Ch D 268, (1889) 60 LT 433, (1889) 53 JP 583, (1889) 37 WR 385

Statutes:

Prescription Act 1832

Jurisdiction:

England and Wales

Cited by:

Applied – Dance v Triplow CA 1992
The parties were neighbours. T got planning permission in 1977 to build a two storey extension. D, the plaintiff, knew of the plan and that it would interrupt the light to his bungalow. Over the years, the plan was implemented in stages, and in . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 May 2022; Ref: scu.634815

City of London v Transport for London, Re: Billingsgate Market: UTLC 26 Oct 2018

COMPENSATION – reference to the Upper Tribunal shortly before expiry of limitation period – case ultimately settling (upon a basis involving the grant back of rights to the claimants rather than the payment of compensation) – costs applications made by both sides – whether the provisions of Land Compensation Act 1961 section 4 (1)(b) engaged – if so whether special reasons exist such that it is proper not to make an order for costs as envisaged by that section

Citations:

[2018] UKUT 345 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 May 2022; Ref: scu.627164

Cornerstone Telecommunications Infrastructure Ltd v The University of London Re: Lillian Penson Hall: UTLC 30 Oct 2018

ELECTRONIC COMMUNICATIONS CODE – CODE RIGHTS – access to buildings – whether Code rights include rights of access to assess the suitability of a building for the installation of electronic communications apparatus – whether interim rights to be granted – paragraphs 3, 20, 21 and 26, Electronic Communication Code – Schedule 3A, Communications Act 2003

Citations:

[2018] UKUT 356 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 May 2022; Ref: scu.627165

City of Westminster, Regina (on The Application of) v Transport for London (TFL) and Others: Admn 13 Sep 2018

Challenge by way of judicial review to a decision of Transport for London (‘TfL’) of to begin construction of a cycle route, cycle superhighway 11, at Swiss Cottage, where the current roundabout system is a barrier, indeed a danger to cyclists.

Judges:

Sir Ross Cranston

Citations:

[2018] EWHC 2402 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Land, Transport

Updated: 30 May 2022; Ref: scu.625897

Dyball, Dyball, Bolton v Cunningham, Cunningham (Practice and Procedure : Summary Disposal/Strike Out): FTTPC 29 May 2018

Application by Respondents to remove a unilateral notice entered by Applicants, said to protect a Tomlin Order made in County Court proceedings in trespass. In fact no order was ever made, but in 2009 the parties had reached an agreement at mediation which was embodied in a written agreement relating to the line of a section of the common boundary. The agreement envisaged the execution of a Deed confirming the true boundary line but this was never done. A further dispute arose regarding the same boundary line (which under the mediation agreement was to be marked by the erection of a fence by Respondents), following which Applicants applied for the Notice in 2017. Respondents applied to strike out Applicants’ case on the grounds that it was frivolous and vexatious and/or had no reasonable prospect of success. Strike out application failed. Held that the agreement reached at mediation itself constituted a boundary agreement, which was one of the interests capable of being protected by the Notice.

Citations:

[2018] UKFTT 334 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 May 2022; Ref: scu.623693

L E Jones (Insurance Brokers) Ltd v Portsmouth City Council: CA 7 Nov 2002

The claimant sought compensation for damage caused to his property by the roots of trees on the verge outside his premises.
Held: The respondent did exercise lawful control over the trees, even though it did not own the land on which they grew, and therefore could be liable in negligence, and in nuisance for the damage they might cause. The highway might also be responsible, but that did not exclude the responsibility of the respondent, who had a right and a duty to maintain the roads. The basis of liability of an occupier for a nuisance on his land is not his occupation but that, by virtue of his occupation, he has it in his power to take the necessary measures to prevent the nuisance. The tree owner should be given a reasonmable opportunity to remedy the nuisance: ‘ . . What is a reasonable opportunity to abate the nuisance is a question of fact. ‘

Judges:

Aldous, Dyson LJJ

Citations:

Times 21-Nov-2002, Gazette 16-Jan-2003, [2003] 1 WLR 427, [2002] EWCA Civ 1723

Jurisdiction:

England and Wales

Citing:

Appeal Dismissed – L E Jones (Insurance Brokers) Ltd v Portsmouth City Council TCC 11-Mar-2002
. .

Cited by:

Cited – Green v The Right Honourable Lord Somerleyton and others CA 28-Feb-2003
The parties owned areas of marshland divided by a road. The claimant sought a declaration that the defendants had no right to allow floodwater to escape over his land from what he said was an artificial reservoir on the defendant’s land. The . .
Cited – Moiz Ahmed Siddiqui, Ishrat Siddiqui/Bhajan Singh Sohanpal v Council of the London Borough of Hillingdon TCC 15-Apr-2003
The claimants sought damages for cracks in their house caused by the roots of trees on the defendant’s land.
Held: The claimants had failed to establish by evidence that the tree roots were the cause of the damage. The claim failed. . .
Lists of cited by and citing cases may be incomplete.

Land, Negligence, Torts – Other

Updated: 30 May 2022; Ref: scu.178262

L E Jones (Insurance Brokers) Ltd v Portsmouth City Council: TCC 11 Mar 2002

Citations:

[2002] EWHC 1568 (Technology)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal Dismissed – L E Jones (Insurance Brokers) Ltd v Portsmouth City Council CA 7-Nov-2002
The claimant sought compensation for damage caused to his property by the roots of trees on the verge outside his premises.
Held: The respondent did exercise lawful control over the trees, even though it did not own the land on which they . .
Lists of cited by and citing cases may be incomplete.

Land, Torts – Other

Updated: 30 May 2022; Ref: scu.175288

Homsy v Murphy: CA 27 Feb 1996

The plaintiff held a right of pre-emption over the freehold reversion on the building containing his flat. He appealed the award of andpound;5.00 damages for its breach. The judge had discounted an offer received by the plaintiff of andpound;100,000 for the grant of a lease of another part of the building. The judge had made allowance for the general fall in property prices, but in doing so mis-stated the date of the Gulf War.
Held: The loss had been miscalculated. The loss would be the value at the time, less the price set to be paid on exercise of the right.

Judges:

Beldam, Hobhouse, Aldous LJJ

Citations:

[1996] 73 PandCR 26, (1996) EGCS 43

Jurisdiction:

England and Wales

Cited by:

Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 30 May 2022; Ref: scu.187688

Manchester Airport Plc v Dutton and others: CA 18 Jan 1999

Citations:

[1999] EWCA Civ 596, [2000] 1 QB 133

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Manchester Airport Plc v Dutton and others CA 23-Feb-1999
The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence . .
See Also – Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown CA 4-Mar-1999
The claimant wished to construct a new runway on its own land, and it was necessary to carry out works, namely, that trees on nearby land should be lopped or felled so that they would not constitute an obstruction to the flight path. The claimant . .
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
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 . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 May 2022; Ref: scu.145511

Freeguard v Rogers: CA 26 Jan 1999

Judgment had been obtained. An order was in preparation for specific performance of an option over land. The parties were unable to agree the form of the order, and it was relisted.
Held: The Freeguards’ objections to the proposed form had no substance, and the form proposed was implemented.

Judges:

Lord Justice Peter Gibson Lord Justice Thorpe And Lord Justice Waller

Citations:

[1999] EWCA Civ 658

Jurisdiction:

England and Wales

Citing:

See Also – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
See Also – Freeguard and another v Rogers and another CA 31-Mar-1999
After protracted, complicated and bitter litigation, ‘To put the matter quite briefly, Mr and Mrs Rogers’s solicitors appear to be taking advantage rightly or wrongly – and if they have a legal right to do so, of course they have a right to do so – . .

Cited by:

See also – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
See Also – Freeguard and another v Rogers and another CA 31-Mar-1999
After protracted, complicated and bitter litigation, ‘To put the matter quite briefly, Mr and Mrs Rogers’s solicitors appear to be taking advantage rightly or wrongly – and if they have a legal right to do so, of course they have a right to do so – . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 30 May 2022; Ref: scu.145573

Fogg, Re The Cobbles: UTLC 17 Apr 2018

RESTRICTIVE COVENANTS – modification – additional house – whether covenants secure practical benefits of substantial value or advantage – loss of open aspect – loss of light – overbearing development – diminished outlook – disturbance – reduction in open market value of objectors’ houses – s84(1)(aa) Law of property Act 1925 – application refused

Citations:

[2018] UKUT 114 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 May 2022; Ref: scu.608671

Ashbrook, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 29 Oct 2004

The local authority sought consent to the erection of a fence around a common which was a site of special scientific interest, saying that without fencing it could not be grazed, and its character would be lost. The claimant objected, and said that an inquiry should be held. The respondent said a public local inquiry should not be held in straightforward cases.
Held: Though the legislation was intended to be applied strictly in order to help preserve commons from encroachment, the words of the statute did not require the absurd result contended for by the claimant.

Judges:

Collins J

Citations:

[2004] EWHC 2387 (Admin), Times 03-Nov-2004, [2005] 1 WLR 1765, [2005] 1 EGLR 99, [2005] 1 All ER 166

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 May 2022; Ref: scu.218872

Holbeck Hall Hotel Limited and English Rose Hotels (Yorkshire) Limited v Scarborough Borough Council: QBD 2 Oct 1997

The occupier of land which was downhill of dominant land has the same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included.

Citations:

Times 15-Oct-1997, [1997] EWHC QB 363

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Reserved matters to – Holbeck Hall Hotel Limited (Now Known As Dawntime Limited), English Rose Hotels (Yorkshire) Limited (Formerly Imfoss Limited and Also Formerly English Rose Hotels Limited) v Scarborough Borough Council QBD 5-Dec-1997
. .
Leave to appeal – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 2-Jul-1998
Application for leave to appeal. . .

Cited by:

Reserved from – Holbeck Hall Hotel Limited (Now Known As Dawntime Limited), English Rose Hotels (Yorkshire) Limited (Formerly Imfoss Limited and Also Formerly English Rose Hotels Limited) v Scarborough Borough Council QBD 5-Dec-1997
. .
Leave sought from – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 2-Jul-1998
Application for leave to appeal. . .
Appeal from – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 22-Feb-2000
Land owned by the defendant was below a cliff, at the top of which was the claimant’s hotel. The land slipped, and the hotel collapsed. Some landslip was foreseen from natural causes, but not to the extent of this occasion.
Held: The owner of . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Land

Updated: 30 May 2022; Ref: scu.163124

Hillman and Hillman v Rogers and Rogers: CA 30 Apr 1998

A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement.

Citations:

Gazette 07-May-1998, [1998] EWCA Civ 746

Statutes:

Law of Property Act 1925 62

Jurisdiction:

England and Wales

Citing:

See Also – Hillman and Hillman v Rogers and Rogers CA 19-Dec-1997
The parties disputed rights of way. The court considered the use of extrinsic evidence to construe the conveyance at issue. Robert Walker LJ: ‘It is to my mind clearly a case in which the court needs all the help it can get, and is entitled to make . .
Cited – Scarfe v Adams CA 1981
Transfer deeds for a sale of land did not define the boundary but referred to a plan which was held to be too small to show a precise boundary. The only other element of the parcels clause was that it was land adjoining Pyle Manor and that it was . .

Cited by:

See Also – Hillman and Hillman v Rogers and Rogers CA 19-Dec-1997
The parties disputed rights of way. The court considered the use of extrinsic evidence to construe the conveyance at issue. Robert Walker LJ: ‘It is to my mind clearly a case in which the court needs all the help it can get, and is entitled to make . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 May 2022; Ref: scu.144224

J A Pye (Oxford) Limited v Kingswood Borough Council: CA 6 Apr 1998

The purchase of land which was to form the last part of a development was to be valued without taking account of the enhanced value which would be attributed to the much larger scheme of development. To ascertain what is to be ignored by the valuer it is first necessary to delimit the scope of the scheme. The compulsory acquisition itself cannot be the scheme which underlies it. The fact finding and valuation questions have been entrusted by Parliament to ‘a specialist and expert tribunal, well able to understand the realities of a complicated factual and transactional situation . . a finding by a tribunal . . cannot be shown to be perverse just because a possible alternative was open to the tribunal but not adopted by it.’

Judges:

Buxton LJ, Hobhouse LJ, Swinton-Thomas LJ

Citations:

Gazette 16-Apr-1998, [1998] EWCA Civ 643, [1998] 2 EGLR 159, [2000] RVR 40

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used . .
Cited – Wards Construction (Medway) Ltd v Barclays Bank Plc and Another CA 1-Jul-1994
Land with an existing use value of andpound;3,000 had been valued by the Lands Tribunal for purchase at andpound;2.15m.
Held: The ransom value decision by the Lands Tribunal was not wrong in law and was upheld. It was necessary to value the . .
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.
Cited – Batchelor v Kent County Council CA 1989
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the . .
Cited – Camrose v Basingstoke Corporation CA 1966
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under . .
Cited – Ozanne and Others v Hertfordshire County Council HL 1989
Land was acquired for a new highway. The developer had persuaded or agreed with the public authority that it would exercise its statutory powers to acquire land possessed of ransom value.
Held: What the scheme was which underlined a proposed . .
Cited – Myers v Milton Keynes Development Corporation CA 1974
Land was to be acquired for the development of a new town. The court faced the issue, in the context of a valuation for compulsory purchase, of whether the required disregard of any increase in value attributable to the ‘scheme’ meant that the . .

Cited by:

Cited – Bolton Metropolitan Borough Council v Tudor Properties Ltd and Others CA 19-Apr-2000
The court had to consider the compensation to be awarded on the compulsory purchase of land.
Held: The appeal failed. The tribunal had not erred in ascertaining the extent of the underlying scheme. In deciding that, they were entitled to have . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Litigation Practice

Updated: 30 May 2022; Ref: scu.144121

London Borough of Hillingdon v ARC Limited: CA 7 Apr 1998

The company sought compensation for land taken under compulsory purchase powers by the defendants several years before. It now appealed against the defeat of its claim as time-barred.
Held: The appeal failed. The limitation period for a claim for a compensation payment runs from the date of the entry into possession of the land by the acquiring authority, even though compensation had not yet been set by the Lands Tribunal.
Potter LJ said that the answer to the question ‘When does a cause of action to recover a sum recoverable by virtue of any enactment accrue?’ is to be found in the proper construction of the statute giving the right to recover.
Nourse LJ said: ‘it is established by authority that a cause of action for a sum recoverable by virtue of an enactment ‘accrues’ notwithstanding that it remains to be quantified and, further, the quantification may have to be made by a tribunal other than a court of law.’

Judges:

Nourse, Potter, Mummery LJJ

Citations:

Gazette 20-May-1998, Times 04-May-1998, Gazette 16-Apr-1998, [1999] Ch 139, [1998] EWCA Civ 657, [1998] 3 EGLR 18, [1999] BLGR 282, [1998] 3 WLR 754, [1998] RVR 242, [1998] 39 EG 202

Links:

Bailii

Statutes:

Limitation Act 1980 9, Compulsory Purchase Act 1965 11

Jurisdiction:

England and Wales

Citing:

Appeal from – Hillingdon London Borough Council v ARC Ltd ChD 12-Jun-1997
The Council had taken possession of the company’s land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred.
Held: The claim was indeed time barred. The . .

Cited by:

See Also – London Borough of Hillingdon v ARC Limited (No 2) CA 16-Jun-2000
The council entered upon land belonging to the company in accordance with the compulsory purchase procedures in 1982, but the company did not bring its claim for compensation until 1992. The council said the were out of time.
Held: Section 9 . .
Cited – Legal Services Commission v Henthorn QBD 4-Feb-2011
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation

Updated: 30 May 2022; Ref: scu.144135

Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020

COMPENSATION – COSTS – certificate of appropriate alternative development – whether the Upper Tribunal has power to award costs in an appeal under s.18, Land Compensation Act 1961 – whether proceedings for compensation for compulsory purchase – s.29, Tribunals, Courts and Enforcement Act 2007 – rule 10(6)(a), Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

Citations:

[2020] UKUT 328 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 May 2022; Ref: scu.656815

Dennis v McDonald: CA 1982

The plaintiff and defendant had lived together in a house held in their joint names. The woman left the home as a result of the man’s violence, and he kept up the mortgage payments.
Held: If in order to do equity between the parties an occupation rent should be paid, this would be declared and the appropriate inquiry ordered. Only in cases where the tenants in common not in occupation were in a position to enjoy their right to occupy but chose not to do so voluntarily, and were not excluded by any relevant factor, would the tenant in common in occupation be entitled to do so free of liability to pay an occupation rent. He held that the woman was not a free agent. She was caused to leave the family home as a result of the violence or threatened violence of the defendant. She fell within the category of person excluded from the property ‘the basic principle that a tenant in common is not liable to pay an occupation rent by virtue merely of his being in sole occupation of the property does not apply in the case where an association similar to a matrimonial association has broken down and one party is, for practical purposes, excluded from the family home.’

Judges:

Purchas J, Sir John Arnold P

Citations:

[1982] Fam 63

Jurisdiction:

England and Wales

Cited by:

Cited – Byford v Butler; In re Byford deceased ChD 10-Jun-2003
The house was owned in joint names. The husband became bankrupt, and the wife continued to pay the mortgage as to interest and capital. The trustee sought a declaration as to the ownership of the interests in the house. After the husband died, the . .
Lists of cited by and citing cases may be incomplete.

Land, Equity

Updated: 29 May 2022; Ref: scu.183864

Bayoumi v Women’s Total Abstinence Union Ltd and Another: CA 5 Nov 2003

A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract.
Held: The section only allowed a completed transaction to be rescued. An uncompleted contract was not itself a sale or transaction to which 36(1) could apply. The section did not f make the transaction void, but in the absence of an order of the court or the Charity Commission a transfer made following the contract would be void. Because the purchaser had become aware of the failure before completion, he could not compel completion. Directors of a charitable company would be acting ultra vires in entering into such a contract, and therefore the transaction could not either be saved under sections 35, 35A of the 1985 Act. The transaction could not be rescued.

Judges:

Chadwick, Rix LJJ

Citations:

Times 05-Nov-2003

Statutes:

Charities Act 1993 36(1) 37(4), Companies Act 1985 35 35A

Jurisdiction:

England and Wales

Citing:

Disapproved – Milner v Staffordshire Congregational Union (Inc) ChD 1956
The plaintiff had contracted to buy land from a charity. The consent of the Charity Commissioners had not been obtained, but the contract was not conditional on such consent. When the charity trustess realised that consent was required they told the . .
Appeal from – Bayoumi v Women’s Total Abstinence Union Ltd and Another ChD 21-Jan-2003
The claimant sought specific performance of a contract to purchase land from the defendant charity. The defendant had not complied with its obligations under the Act. The cliamant sought to say at the transaction came within s36(3) (that it was . .
Cited – Attorney General v South Sea Co 1841
Subject to the terms upon which the land had been conveyed to them, charitable corporations and charity trustees had the power to sell, lease or mortgage charity land. But any such transaction might be set aside in equity unless it was shown to be . .
Cited – In re Clergy Orphan Corporation CA 1894
The court considered the extent of the prohibition on restrictions on the sale of land by a charity to land forming part of the endowment of the charity.
Held: Davey LJ said: ‘All property of every description belonging to or held in trust for . .
Cited – Manchester Diocesan Council for Education v Commercial and General Investments Ltd 1969
The school governors were required to obtain consent before selling land formerly used as a school.
Held: The court rejected a submission that that consent was a necessary pre-requisite for a contract could be made at all: ‘Reliance is placed . .
Cited – Michael Richards Properties Ltd v Corporation of Wardens of St Saviour’s Parish Southwark 1975
Property was offered for sale by tender. The tender documents contained all the detailed terms upon which the contract was to be based. The successful tender was accepted by letter, but by mistake the secretary who typed it typed in the words . .
Cited – Haslemere Estates Ltd v Baker 1982
A contract for the sale of land by a charity was expressed to be subject to and conditional upon the grant of a consent before 31 March 1982 and if consent was not granted before that date then the contract was to be ‘null and void and of no further . .
Lists of cited by and citing cases may be incomplete.

Charity, Land, Company

Updated: 29 May 2022; Ref: scu.187941

Faircharm Investments Ltd v Citibank International Plc: CA 6 Feb 1998

An irregular judgment had been entered. A claim was made after the proceeds of a life policy secured under a mortgage had been wrongly paid out after the mortgage was redeemed by a third party.
Held: The appeal was dismissed. The so-called default judgment should stand as a judgment for damages in the amount of the insurance proceeds, on the ground that Citibank destroyed – and therefore could not make available to Faircharm – their right to the surrender proceeds of the policy. It was too late for Faircharm to claim that they could have obtained a larger sum by sale of the policy.

Judges:

Henry, Aldous LJJ,Sir Christopher Staughton

Citations:

[1998] EWCA Civ 171

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Anlaby v Praetorius CA 1888
The court below had refused an application to set aside a judgment obtained irregularly.
Held: The appeal succeeded. A Statement of Claim indorsed on the Writ is a pleading.
Lopes LJ held: ‘the judgment entered by the plaintiff was . .
Cited – In re Pritchard CA 1963
An originating summons seeking relief was accepted and sealed in a local district registry. It ought to have been sealed in the Central Office of the Royal Courts of Justice. Wilberforce J had held that the originating summons was a nullity and that . .
Cited – Harkness v Bell’s Asbestos and Engineering Limited CA 1966
The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) . .
Cited – Charlesworth and Others v Focusmulti Ltd and Others CA 15-Mar-1993
Judgment had been entered by the plaintiff in default of defence, but before the time limit for filing a defence had expired. Such a judgment was fatally flawed, and could not be cured. The judgment had to be set aside without any consideration of . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 29 May 2022; Ref: scu.143649

G and K Ladenbau (UK) Ltd v Crawley and De Reya: QBD 25 Apr 1977

The defendant solicitors acted for the plaintiff in the purchase of land, but failed to undertake a commons search which would have revealed an entry which would prevent the client pursuing his development. The defect was discovered only when purchasers from their clients later undertook a commons search. In fact the registration was erroneous, but the question took some time to resolve.
Held: In the light of the defendants’ knowledge about the plantiff intending to develop the land, any loss of profits was an appropriate head of damages including the cost of making good the error. Registration of common rights was conclusive evidence of the matters registered. Evidence was admitted from four solicitors as to best conveyancing practice as to whether commons searches were necessary. If the land is open land, a search of the commons registers should normally be undertaken to check that land is not subject to undisclosed rights of common. The fact that the land was vacant, and that it had previously been in the ownership of a lord of the manor should have alerted the defendants. However, a solicitor should not search in every case, but exercise a discretion.

Judges:

Mocatta J

Citations:

[1978] 1 WLR 266, [1977] 2 All ER 118

Links:

lip

Statutes:

Commons Registration Act 1965 10

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Hanmer 1858
Letters patent granted mineral rights in the waste lands.
Held: the term included the lands between the high and low water marks. . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – In re Britford Common 1977
. .
Cited – Central Electricity Generating Board v Clwyd County Council 1976
The owner of a farm applied late for the registration of a right of common over the Dee Marsh Saltings which had been provisionally registered as common land. After an inquiry the Commons Commissioner, Hugh Francis QC, confirmed the registration of . .
Cited – In re Chewton Common 1977
. .
Cited – Czarnikow (C ) Ltd v Koufos; The Heron II HL 17-Oct-1967
The vessel had arrived late at Basrah in breach of the terms of the charterparty. The House was asked as to the measure of damages. The charterers had intended to sell the cargo of sugar promptly upon arrival, and now claimed for the fall in the . .
Cited – Fletcher and Son v Jubb, Booth and Helliwel CA 1920
Scrutton LJ said: ‘it would be extremely difficult to define the exact limit by which the skill and diligence which a solicitor undertakes to furnish in the conduct of a case is bounded, or to trace precisely the dividing line between that . .
Cited – Hadley v Baxendale Exc 23-Feb-1854
Contract Damages; What follows the Breach Naturaly
The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . .
Cited – New Windsor Corporation v Mellor CA 1975
The respondent had obtained registration of land, Bachelors’ Acre, a grassed area of land in New Windsor, now used as a car park in the register of town and village greens under the Act as a customary green. It had been used for archery in mediaeval . .
Cited – Simmons v Pennington and Son CA 1955
Solicitors Followed Historical Practice
Premises owned by the plaintiff were subject to an obsolete covenant restricting their use to that of a private dwelling house. It had in fact been used continuously for many years, both before and after the plaintiff became owner, for business . .
Cited – In re Yateley Common, Hampshire 1977
Rights of common were held to exist in land even though the land had been requisitioned for use as an airfield and had been used for that purpose for over thirty years. . .
Lists of cited by and citing cases may be incomplete.

Land, Professional Negligence, Damages

Updated: 29 May 2022; Ref: scu.178042

Lee v Parsons: CA 22 Jul 1997

Renewed application for leave to appeal after refusal by the single Lord Justice in a case involving a boundary dispute. Granted

Citations:

[1997] EWCA Civ 2154

Jurisdiction:

England and Wales

Land

Updated: 29 May 2022; Ref: scu.142551

Holyoake and Another v Candy and Others: ChD 21 Dec 2017

Judges:

Nugee J

Citations:

[2017] EWHC 3397 (Ch)

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Citing:

See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016
The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. . .
See Also – Holyoake and Another v Candy and Others ChD 29-Nov-2016
Application by the Defendants for security for costs. . .
See Also – Holyoake v Candy and Another QBD 24-Jan-2017
The claimant sought to have access to his personal information held by the defendant. The defendant relied upon the legal professional privilege exemption. . .
See Also – Holyoake and Another v Candy and Others ChD 27-Feb-2017
Applications for further disclosure on the grounds of collateral waiver. . .
See Also – Candy and Others v Holyoake and Another CA 28-Feb-2017
Appeal against grant of ‘notification injunction’ . .
See Also – Candy v Holyoake and Others QBD 2-Mar-2017
Mr Candy claimed remedies for what he alleged were completed or threatened wrongs in the form of breach of confidence, misuse of private information, and breach of the Data Protection Act 1998 (‘DPA’) against five defendants, one of whom had filmed . .
See Also – Candy v Holyoake and Others (No 2) QBD 22-Nov-2017
. .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Torts – Other

Updated: 29 May 2022; Ref: scu.602615

Shepherd v Turner: CA 2006

Citations:

[2006] 20 EG 294

Jurisdiction:

England and Wales

Citing:

Approved – Fairclough Homes Ltd, Re LT 8-Jun-2004
Application was made to vary a restrictive covenant: ‘ . . how the character of the area and the amenities would be affected by the modification of the restriction is not in my view to be judged by envisaging the worst that could be done without . .

Cited by:

Cited – Winter and Another v Traditional and Contemporary Contracts Ltd CA 7-Nov-2007
The land-owners applied for a variation of a restrictive covenant to allow them to put a second house on their plot. They had bought out the right of the original builder, but a neighbour also had the benefit of the covenant. They now appealed the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 29 May 2022; Ref: scu.260307

Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007

The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect of the permanent stopping-up orders.

Judges:

Lord Justice Carnwath

Citations:

[2007] EWCA Civ 764, [2007] NPC 95, [2007] RVR 247, (2007) 157 SJLB 1426, [2008] 1 WLR 2822, [2008] 2 All ER 718

Links:

Bailii

Statutes:

Compulsory Purchase Act 1965 10

Jurisdiction:

England and Wales

Citing:

Cited – Ocean Leisure Ltd v Westminster City Council LT 31-Dec-2003
LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held . .
Appeal from – Moto Hospitality Ltd v Highways Agency LT 28-Jul-2006
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – . .
Cited – Ricket v Metropolitan Railway Co HL 1867
Lord Cranworth considered the adverse effect of building railways on nearby businesses, and in particular the Pickled Egg public house: ‘The very existence of a railway must cause loss to many persons in its neighbourhood. Every inn or posting-house . .
Cited – Hammersmith and City Railway Co v Brand HL 13-Jul-1869
In the absence of negligence, damage caused by operations authorised by statute is not compensatable unless the statute expressly so provides. The wording of the sections, and in particular section 6 of the Railways etc Act, only entitled a claimant . .
Cited – Benjamin v Storr 1874
The plaintiff’s coffee house was badly affected by the defendant’s wagons standing for long periods in the narrow street outside for the purposes of loading and unloading goods. The wagons blocked his light and the frequent stabling of the horses . .
Cited – Caledonian Railway Co v Walker’s Trustees 1882
The court considered the extent of the duty to compensate for disturbance of a business when land was compulsorily purchased. Lord Selborne LC said: ‘The obstruction by the execution of the work, of a man’s direct access to his house or land, . .
Cited – Harper v GN Haden and Sons CA 1932
The occupier of a ground floor and basement shop sought damages from the tenants of the upper floors. In order to construct an additional storey, they had erected scaffolding and a hoarding which obstructed the highway outside the plaintiff’s . .
Cited – Westminster City Council v Ocean Leisure Limited CA 21-Jul-2004
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works.
Held: The state of the law was complicated and . .
Cited – Edwards v Minister of Transport 1964
The landowner claimed for injurious affection of the remainder of his land after part was acquired by compulsory purchase.
Held: The claim for injurious affection was confined to the effects of works and uses on the land taken. . .
Cited – Jolliffe v Exeter Corporation CA 1967
Mr Joliffe owned a garage on a busy road. Adjoining land was involved in a widening scheme, the result of which was to leave his garage at the end of a cul de sac, though no land was taken from him.
Held: Section 10 gave him no right to . .
Cited – Wildtree Hotels Ltd and others v Harrow London Borough Council HL 22-Jun-2000
The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the . .
Cited – Wagstaff v Department of Environment Transport and the Regions 1999
. .
Cited – Clift and Another v Welsh Office CA 23-Jul-1998
Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable. . .
Cited – Vasiliou v Secretary of State for Transport CA 1991
When considering the revocation or modification of a planning consent, any impact on an interested party is a relevant consideration. A planning permission should not have been granted closing a public road without considering its adverse effect on . .
Cited – Wildtree Hotels Ltd And Others v London Borough of Harrow CA 11-Jun-1998
Temporary, if damaging disturbance which fell short of actual damage to a neighbour’s land and which was caused by works executed on land which had been purchased compulsorily, was not normally claimable and not by the owner of only a temporary . .
Cited – Chamberlain v West End of London Railway Co CExC 1862
The court had found that, after railway works cut off highway access, and, notwithstanding the provision of a deviation road, the value of the claimant’s properties as shops had been ‘greatly diminished’ by the reduction in the number of people . .
Cited – Ferrar v City Sewers Commissioners 1868
(Year?) A special Act incorporated the provisions of the 1845 Act other than those related to ‘the taking of land otherwise than by agreement’.
Held: Section 68 was not incorporated, because it was one of a series of clauses headed ‘with . .
Cited – Metropolitan Board of Works v McCarthy HL 1874
Compensation was awarded to the owner of a warehouse near Blackfriars because the construction of the Victoria Embankment cut off his access across the public highway to a dock on the river. Lord Cairns LC quoted Thesiger QC as saying: ‘Where by the . .
Cited – Re 6, 8, 10 and 12 Elm Avenue, New Milton; Ex parte New Forest District Council ChD 1984
Scott J accepted Kirby as authority for the application of section 10 to works on land acquired by agreement. In an application for a declaration that land is not restricted by a covenant, the onus is on the plaintiff to prove that it is not so . .
Cited – Kirby v Harrogate School Board CA 1896
The Board had power under the 1870 Act to acquire land to build school accommodation. The 1845 Act was to apply ‘with respect to the purchase of land’ for the purposes of the 1870 Act. The Board began to erect a school building on a site which they . .
Cited – Harpur v Mayor of Swansea HL 1913
A special Act for waterworks gave power to ‘take or use’ any land for the construction of works, subject to compensation under the 1845 Act. The works involved the laying of pipes in the public road, and the claim was by the authority responsible . .
Cited – Waters and others v Welsh Development Agency HL 29-Apr-2004
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this . .
Cited – Director of Buildings and Lands v Shun Fung Ironworks Ltd PC 20-Feb-1995
Compensation is payable for losses properly anticipating resumption of possession of the land. The principle of equivalence gives rise to the statutory right to interest under section 11(1). The council explained the conceptual foundation of the . .
Cited – Horn v Sunderland Corporation CA 1941
Compulsory Purchase Damages limited to Actual Loss
Rule (6) was designed to preserve the effect of the 19th Century case-law under the 1845 Act, by which personal loss caused by the compulsory acquisition was treated as part of the value to the owner of the land: ‘the owner in a proper case – that . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 29 May 2022; Ref: scu.258397

Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001

The council had added a bridleway to the definitive map of rights of way on the basis that the use had been for more than 20 years by the public with no evidence of intention not to dedicate it as a public highway. The period was calculated back from the time when it was challenged. The land-owners objected on the basis that there had been some interruption by building works. The interruption was held to be insufficient. There had been no physical interruption, as opposed to acts which challenged the right but did not prevent it. A mere absence of use de facto would not interfere with the enjoyment of the right.

Citations:

Gazette 01-Jun-2001, [2001] EWHC Admin 360

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53(3)(b), Highways Act 1980 31

Land

Updated: 29 May 2022; Ref: scu.140332

Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) are compatible with Article 6(1) of the European Convention on Human Rights.
Held: A declaration of incompatibility was granted with regard to the processes by which the Secretary of State made decisions under the Planning Act and orders under the Transport and Works Act, Highways Act and Acquisition of Land Act. They were incompatible with article 6.1 of the Convention on the basis that the processes failed to provide an independent tribunal. In some cases, the decisions being challenged were those in effect of the Secretary, and the decision was made by somebody appointed by the subject to removal by the secretary of state. The restrictions on the scope of the High Court to review the decisions and the freedom of the Secretary of State to make his own decision after a public hearing, meant that applicants were deprived of the an independent tribunal.

Judges:

Tuckey LJ, Harrison J

Citations:

Times 24-Jan-2001, [2000] EWHC Admin 432, [2000] EWHC 563 (QB)

Links:

Bailii, Bailii

Statutes:

Human Rights Act 1998, Town and Country Planning Act 1990, Acquisition of Land Act 1981, European Convention on Human Rights 6(1), Highways Act 1980, Transport and Works Act 1992

Cited by:

Appeal from – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Transport, Land, Planning

Updated: 29 May 2022; Ref: scu.140249

Regina (Structadene Limited) v Hackney London Borough Council: Admn 19 Oct 2000

The disposal of land in a conveyance, for the purposes of the Act, takes place on the transfer and not on exchange of contracts. The authority set out to sell land by auction but before the auction decided to accept an offer from the tenants. Before exchange the applicants offered a larger sum, but the council exchanged on the lower offer. They were enjoined from completing the sale pending a review of their decision not to accept the higher offer. Although the idea of disposal could certainly include the creation of equitable rights upon exchange, when asking which of the two events was the disposal, the conveyance date was the one. Accordingly it was not too late for the court to intervene and set aside the transaction so far.

Citations:

Times 28-Nov-2000, Gazette 05-Jan-2001, [2000] EWHC Admin 405

Links:

Bailii

Statutes:

Local Government Act 1972 123 128

Land, Local Government

Updated: 29 May 2022; Ref: scu.140221

Regina v City of Sunderland, ex parte Beresford: Admn 14 Nov 2000

A recreational area was claimed to be a common. The council considered that there was evidence, which it accepted, of an implied licence, thus enabling the inference to be drawn that the use by local inhabitants for statutory purposes had not been as of right.
Held: Time could not begin to run in the acquisition of rights of common where the exercise of the rights could have been founded on an implied licence. An implied licence has the same legal effect as an express licence. In the absence of an express permission, the court must ask whether a reasonable person with the knowledge available would have appreciated that the use was with the landowner’s acquiescence. ‘the fact that the land is in public ownership is plainly a relevant matter when one is considering what conclusion a reasonable person would draw from the circumstances of user. It is well known that local authorities do, as part of their normal functions, provide facilities for the use of the public and maintain them also at public expense. It is not part of the normal function of a private landowner to provide facilities for the public on the land. Public ownership of the land is plainly a relevant consideration.’ The claim to register must fail.

Judges:

Janet Smith J

Citations:

Times 16-Jan-2001, [2000] EWHC Admin 418, [2001] 1 WLR 1327

Links:

Bailii

Statutes:

Commons Registration Act 1965 22

Citing:

Appealed To – Regina (on the application of Beresford) v The City of Sunderland CA 26-Jul-2001
Local inhabitants requested the alteration of the Town and Village Green register to include land over which they claimed use as of right for more than twenty years. The difference between acquiescence, which would allow the claim, and tolerance or . .

Cited by:

Appeal From – Regina (on the application of Beresford) v The City of Sunderland CA 26-Jul-2001
Local inhabitants requested the alteration of the Town and Village Green register to include land over which they claimed use as of right for more than twenty years. The difference between acquiescence, which would allow the claim, and tolerance or . .
At First Instance – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Approved – Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another SC 6-Mar-2014
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation

Updated: 29 May 2022; Ref: scu.140234

Regina v Planning Inspectorate Cardiff ex parte Elwyn Ivor Howell: Admn 15 Jun 2000

Citations:

[2000] EWHC Admin 355

Links:

Bailii

Cited by:

Cited – Besley v John CA 29-Oct-2003
The defendant farmed land adjacent to land over which he had registered rights of common allowing him to graze sheep. The freeholders brought the action saying that the use was in excess of the rights. He counter-claimed that the extension of a golf . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 29 May 2022; Ref: scu.140170

Buckland and Buckland and Capel v Secretary of State for Environment Transport and Regions: Admn 11 Jan 2000

For a track to be deemed to be a byway open to all traffic, there was no need to prove vehicular use, nor both pedestrian and equestrian use. It was necessary however to show that the use by foot and horse combined exceeded on balance use by vehicles. The definition in the Act is clear; it must be ‘a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose of for which footpaths and bridleways are so used.’ The Judge quashed the decision of the inspector.

Judges:

Kay J

Citations:

Times 10-Feb-2000, [2000] EWHC Admin 279, [2000] 1 WLR 1949

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1961 66(1)

Cited by:

Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption . .
Lists of cited by and citing cases may be incomplete.

Land, Road Traffic

Updated: 29 May 2022; Ref: scu.140092

John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions: Admn 24 Jan 2000

An inspector determining an application to remove a public bridleway from the definitive map, where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was correctly registered. Nevertheless, where there had been no evidence to support the registration, it could be treated as registered in error. Correction of the register was possible by ordering deletion of the bridleway, subject to substitution by a footpath. The inspector could look beyond the registration.

Judges:

Latham J

Citations:

Gazette 20-Apr-2001, Times 22-Mar-2000, [2000] EWHC Admin 282

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 Sch 15 12

Citing:

Appealed to – Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions CA 23-Feb-2001
An inspector, determining an application to remove a public bridleway from the definitive map, and where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was . .

Cited by:

Appeal from – Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions CA 23-Feb-2001
An inspector, determining an application to remove a public bridleway from the definitive map, and where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was . .
Cited – Ernstbrunner v Manchester City Council and Another Admn 16-Dec-2009
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 29 May 2022; Ref: scu.140095

Regina v Secretary of State for Environment, Transport and Regions ex parte Dorset County Council: Admn 22 Jun 1999

The court was asked to review a decision not to confirm a public right of way. The court considered whether the landowner had to show some overt act as evidence of his lack of intention to dedicate the land. Dyson J said: ‘On the face of it, the language of the proviso is straightforward. All that is required is that there be sufficient evidence of lack of intention to dedicate. Coming to the matter untutored by previous authority, one may be forgiven for thinking that what Parliament intended was that the tribunal of fact simply decide as a matter of fact whether there is or is not sufficient evidence of intention to dedicate . . I accept that as a matter of fact the tribunal of fact will rarely, if ever, find that there is sufficient evidence of lack of intention to dedicate in the absence of overt and contemporaneous acts on the part of the owner. I do not, however, think that such a requirement can be spelled out of section 31(1) as a matter of construction.’

Judges:

Dyson J

Citations:

[1999] EWHC Admin 582, [2000] JPL 396

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 31(1)

Citing:

Approved – Fairey v Southampton City Council CA 1956
The landowner denied that a public right of way had been created over his land. Under the 1932 Act, 20 years user expiring at any time, even before the Act came into force, was capable of giving rise to a deemed dedication of a public highway under . .

Cited by:

Cited – Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs CA 19-Dec-2005
The court considered whether a pathway had become a public highway.
Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that . .
Cited – Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs HL 20-Jun-2007
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 28 May 2022; Ref: scu.139846

Regina v Parliamentary Commissioner for Administration ex parte Balchin and others: Admn 24 May 1999

Judges:

Dyson J

Citations:

[1999] EWHC Admin 484

Links:

Bailii

Citing:

See Also – Regina v Parliamentary Commissioner for Administration ex parte Balchin Admn 25-Oct-1996
The petitioners complained that the Secretary of State for Transport was guilty of maladministration in confirming Road Orders without seeking an assurance from Norfolk County Council that the Balchins would be given adequate compensation for the . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 28 May 2022; Ref: scu.139748

Wildtree Hotels Ltd and others v Harrow London Borough Council: HL 22 Jun 2000

The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the section, it did not cease to be recoverable because the interruption was only temporary. Lord Hoffmann said: ‘the term ‘injuriously affected’, connotes ‘injuria’ that is to say, damage which would have been wrongful but for the protection afforded by statutory powers . . In practice this means that a claimant has to show that but for the statute he would have had an action for damages for public or private nuisance.’ Lord Hoffmann summarised the claim for the effects of obstruction of access due to closing of local roads: ‘The owners of the hotel (‘the claimants’) say that during the period of the works they were subjected to various forms of interference with their use and enjoyment of the hotel. Hoardings were erected which obscured the hotel or prevented or restricted access by themselves and their customers. For long periods the roads and pavements leading to the hotel were totally or partially obstructed or closed. The works caused considerable noise, dust and vibration. All this was very detrimental to business.’
Lord Hoffmann: ‘Section 68 gave compensation for injurious affection caused by the ‘execution’ of the works. In Hammersmith and City Railway Co v Brand LR 4 HL 171 the House of Lords (with Lord Cairns dissenting) decided that this meant that there could be compensation only for the effects of the construction of the railway and not for its operation. If an embankment unreasonably obstructed the claimant’s light or access, he could claim compensation. But he could not claim for what would otherwise have been a nuisance caused by the noise, vibrations or smell of passing trains.’

Judges:

Lord Steyn Browne-Wilkinson Lord Nolan Lord Hoffmann Lord Hobhouse of Woodborough

Citations:

Times 27-Jun-2000, Gazette 13-Jul-2000, [2000] UKHL 70, [2000] 3 All ER 289, [2000] EG 80, [2000] NPC 71, [2000] 2 EGLR 5, [2000] BLGR 547, (2001) 81 P and CR 9, [2001] 2 AC 1, [2000] 3 WLR 165, [2000] RVR 235

Links:

House of Lords, House of Lords, Bailii

Statutes:

Compulsory Purchase Act 1965 10

Jurisdiction:

England and Wales

Citing:

Appeal from – Wildtree Hotels Ltd And Others v London Borough of Harrow CA 11-Jun-1998
Temporary, if damaging disturbance which fell short of actual damage to a neighbour’s land and which was caused by works executed on land which had been purchased compulsorily, was not normally claimable and not by the owner of only a temporary . .
Cited – Andreae v Selfridge and Co Ltd CA 1938
The plaintiff had a hotel. The rest of the island had been acquired by the defendant which was demolishing and rebuilding the other properties. The plaintiff complained, and the judge found, that by reason of the operations, which involved noise and . .
Cited – Hammersmith and City Railway Co v Brand HL 13-Jul-1869
In the absence of negligence, damage caused by operations authorised by statute is not compensatable unless the statute expressly so provides. The wording of the sections, and in particular section 6 of the Railways etc Act, only entitled a claimant . .

Cited by:

Cited – Transco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Cited – Westminster City Council v Ocean Leisure Limited CA 21-Jul-2004
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works.
Held: The state of the law was complicated and . .
Cited – Wiltshire County Council v Crest Estates Ltd. and others CA 5-Aug-2005
The builders had agreed as part of the planning process to indemnify the council against all claims incidental to the carrying out of the works for which permission was given. The council had to compulsorily purchase land, and sought repayment from . .
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Cited – Transport for London (London Underground Ltd) v Spirerose Ltd HL 30-Jul-2009
Compulsory Purchase Compensation – Land As it Is
The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 28 May 2022; Ref: scu.90503

Lee, Re Courtenay Gate: UTLC 6 Jun 2012

RESTRICTIVE COVENANT – discharge or modification – leasehold flat in block of 31 flats – covenants against subletting and restricting user to lessee and his family – application refused – Law of Property Act 1925 s 84(1)(aa)

Citations:

[2012] UKUT 125 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 28 May 2022; Ref: scu.462567

Eaden Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): UTLC 6 Jun 2012

COMPENSATION – injurious affection – water pipeline across land – preliminary issue – planning permission – time limit – whether houses could be constructed on the land pursuant to planning permission granted 20 years previously where minimum works of implementation carried out – whether permission full or outline – held that it was full but did not permit erection of houses on part of the land – Town and Country Planning Act 1971 s42, Town and Country Planning General Development Order 1977 Arts 2 and 5

Citations:

[2012] UKUT 153 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 28 May 2022; Ref: scu.462566

Coombes, Re: Brainshaugh House: UTLC 12 Jun 2012

RESTRICTIVE COVENANT – discharge – modification – covenants restricting residential redevelopment of dwellings and outbuildings forming part of grounds of listed house – benefit personal to covenantee and his family – sale of majority of benefited land to third party – whether covenants obsolete in respect of retained land under ground (a) – grounds (aa) and (c) – application granted – compensation of pounds 40,000 awarded under section 84(1)(ii) of Law of Property Act 1925

Citations:

[2012] UKUT 112 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 28 May 2022; Ref: scu.462563

Rasbridge, Re Cefn Betingau Farm: UTLC 23 Aug 2012

RESTRICTIVE COVENANT – discharge – agricultural occupancy condition imposed on bungalow under section 52 of Town and Country Planning Act 1971 – restriction against erection of further dwellings c whether extension of bungalow and/or conversion of other farm buildings into dwellings means restrictions obsolete – whether market testing exercise adequate to demonstrate that occupancy restriction otiose and therefore obsolete – held that market testing was inadequate – grounds (a) and (c) not established c application refused

Citations:

[2012] UKUT 246 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 28 May 2022; Ref: scu.464774

Alpenstow Ltd v Regalian Properties plc: ChD 1985

The parties agreed in writing for the sale of land, the agreement contained a right of pre-emption. In the event of the owner wishing to sell it was to offer to sell a share in the property by notice. Within 28 days of the notice, the grantee was to accept the offer ‘subject to contract’. Within seven days thereafter a draft contract was to be submitted; the draft was to be approved within 28 days, subject to any amendment reasonably required, and contracts were to be exchanged seven days thereafter.
Held: The agreement was binding. There was an incompatibility between the freedom to withdraw from the transaction which the words ‘subject to contract’ suggested, and the duty to submit a contract and to exchange it within a particular timetable.

Judges:

Nourse J

Citations:

[1985] 1 WLR 721

Jurisdiction:

England and Wales

Cited by:

Cited – Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records) ChD 23-May-2003
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment.
Held: It is standard practice in the music licensing business for a . .
Lists of cited by and citing cases may be incomplete.

Contract, Land

Updated: 28 May 2022; Ref: scu.183735

The Ramblers’ Association v Coventry City Council: Admn 17 Apr 2008

The Council sought to close a footpath on the basis that it was encouraging anti-social behaviour. The Association challenged the closure.
Held: Before making such an order the authority had to follow the statutory procedures, including considering whether a lesser order might achieve the required effect. In this case the authority had followed the procedure and taken into account the relevant considerations and the order was confrimed.

Judges:

Mr Michael Supperstone, QC

Citations:

[2008] EWHC 796 (Admin), Times 27-May-2008

Links:

Bailii

Statutes:

Highways Act 1980 8A, Clean Neighbourhoods and Environment Act 2005, Highways Act 1980 (Gating Orders) (England) Regulations 2006

Jurisdiction:

England and Wales

Land, Local Government

Updated: 28 May 2022; Ref: scu.271226