Ex parte Motion Spath Holme Limited: Admn 16 Mar 1999

The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order.
Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the judgments that the Secretary of State made as to the effects, on the one hand on tenants and the other on landlords, of any decision as to the order. The court could not conclude that there was an arguable case that the conclusion was perverse. In the absence of any ambiguity in the provisions at issue, the court was unable to look to the Convention for assistance in their interpretation.

Judges:

Latham J

Citations:

[1999] EWHC Admin 229

Links:

Bailii

Statutes:

Rent Act Maximum Fair Rent Order 1999 (1999 No 6), Rent Act 1977, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales CA 20-Jan-2000
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 28 May 2022; Ref: scu.139493