The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to require the lease. The parties differed as to whether a parking right was included. The council appealed against a finding of misfeasance in public office in having deliberately delayed the sale.
Held: The valuation had included the parking right as a major asset. However there had been insufficient evidence to establish misfeasance. There has to be a finding of subjective, not objective indifference.
Judges:
May LJ, Longmore LJ, Carnwath LJ
Citations:
[2007] EWCA Civ 1091
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Guinan v Enfield London Borough Council CA 1996
The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the . .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – Sir William Jaffray and others v The Society of Lloyds CA 20-Jun-2007
The appellant sought to re-open a decision of the Court of Appeal saying that fresh evidence had emerged which he said demonstrated that Lloyd’s had misled the court at first instance. . .
Cited by:
Cited – Muuse v Secretary of State for The Home Department CA 27-Apr-2010
The claimant, a Dutch national, was detained pending deportation. He was arrested ‘for immigration’ after being given bail in other proceedings. It had been found that that detention was unlawful. He did not come within the criteria for deportation, . .
Lists of cited by and citing cases may be incomplete.
Housing, Torts – Other
Updated: 22 November 2022; Ref: scu.260274