A possession action was lawful against a remaining joint tenant after a notice to terminate the tenancy had been given by the other tenant. An order against interference with possession of property did not extend to matters of the duration of the tenancy.
Lord Mustill said the Spycatcher injunctions were ‘obviously intended to stop the publication by any medium of materials which would compromise the pending proceedings’
Judges:
Mustill, Browne-Wilkinson, Jaunceey of Tullichettle, Hoffmann, Clyde LL
Citations:
Gazette 16-Apr-1997, Times 14-Mar-1997, [1997] UKHL 9, [1997] 1 All ER 929, [1997] 1 WLR 459, [1997] 2 FCR 225, [1997] 1 FLR 887, [1997] Fam Law 478, [1997] 95 LGR 470
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Harrow London Borough Council v Johnstone CA 31-Mar-1995
A local authority was denied a possession order against a Husband when the Wife who had been excluded from the property by a court order surrendered the tenancy. . .
Cited – Roche v Roche CA 1981
. .
Cited – Shipman v Shipman FD 1991
W sought an order under s37 of the 1973 Act restraining H in divorce proceedings from disposing of or dealing with $300,000, or one half of his severance pay, whichever was the greater, pending determination of the ancillary relief proceedings.
Cited – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Cited – Newlon Housing Trust v Alsulaimen CA 16-Jan-1997
The tenant had been joint tenant with his wife of a house. On the breakdown of the marriage, she left and gave notice to quit to the council. The council sought and obtained an order for possession, against which the husband now sought leave to . .
Cited – Chapman v Honig CA 1963
A landlord’s notice to quit was held valid notwithstanding that the landlord seeking to uphold its validity had himself given it in contempt of court.
A contractual right may be exercised for any reason good, bad or indifferent and the motive . .
Cited by:
Appealed to – Harrow London Borough Council v Johnstone CA 31-Mar-1995
A local authority was denied a possession order against a Husband when the Wife who had been excluded from the property by a court order surrendered the tenancy. . .
Cited – Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another CA 23-Mar-2001
The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor.
Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the . .
Cited – Fairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court, Housing
Updated: 31 May 2022; Ref: scu.158884
