The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an article which was said falsely to associate the claimants with terrorist activity. Held: … Continue reading Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006
A notice had been displayed on a golf club notice board. The court considered whether this constituted publication for defamation purposes. Held: Greene LJ said: ‘Now on the substantial question of publication, publication, of course, is a question of fact, and it must depend on the circumstances in each case whether or not publication has … Continue reading Byrne v Deane: CA 1937
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
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 that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854
Appeal against rejection of request for registration of land as a common: ‘At the heart of the appeal lies the question of law whether it is possible to acquire a right of common by virtue of an express grant or (as in the present case) user after 2 January 1970 over land registered under the … Continue reading Littlejohns and Another v Devon County Council and Another: CA 6 May 2016
Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge which is unfounded, because based upon an ultra vires byelaw or administrative … Continue reading Kruse v Johnson: QBD 16 May 1898
Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020
The plaintiff asserted ownership of leasehold land. A similar situation had arisen in an earlier case befoe the Court of appeal, and the court was asked to decide that that case had been decided per incuriam. Held: The per incuriam principle applies to decisions given in ignorance of some inconsistent statutory provision or of some … Continue reading Morelle Ltd v Wakeling: CA 1955
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a finding by a jury that the words alleged were defamatory, would inevitably be set aside … Continue reading Alexander v Arts Council of Wales: CA 9 Apr 2001
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The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
The 1965 Act ‘was passed to give effect to the recommendations of the Royal Commission so far as registration was concerned. The Act of 1965 did not confer any general public right of access over common land and did not set up the machinery for the . .
References: [1864] EngR 170, (1864) 15 CB NS 600, (1864) 143 ER 920 Links: Commonlii Coram: Erle CJ, Williams J Ratio The ‘sea-beach or foreshore throughout the whole length of the borough of Hastings, including the locus in quo’ had been used ‘from time immemorial’ by the public ‘as a place of public resort’, subject … Continue reading Mace v Philcox; 25 Jan 1864
References: (1821) 5 B&ALD 268, [1821] EngR 579, (1821) 5 B & A 268, (1821) 106 ER 1190 (B) Links: Commonlii Coram: Abbott CJ, Holroyd, Best JJ Ratio The defendant used a beach ‘between the high-water mark and the low-water mark of the River Mersey’ at Great Crosby in Lancashire for the purpose of providing … Continue reading Blundell v Catterall; 7 Nov 1821
References: [1995] 4 All ER 931 Coram: Harman J The court considered that the time period of twenty years necessary to establish a right of common under the Act was the period ending with the date of the application. Held: The court rectified the register under section 14 so as to remove the registration of … Continue reading Ministry of Defence v Wiltshire County Council; 3 May 1995
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The claimant sought registration of an open area as a Commons under the 2006 Act. Until 2002 it had been tenanted by a golf club. The inspector had recommended against registration, saying that the use by the public for lawful pastimes had been for more than twenty years, but that this use had been generally … Continue reading Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council: Admn 20 Dec 2007
Judges: Sir Ross Cranston Citations: [2022] EWHC 3044 (Admin) Links: Bailii Statutes: Commons Act 2006 38 Jurisdiction: England and Wales Planning Updated: 21 January 2023; Ref: scu.683565
Judges: Holgate J Citations: [2020] EWHC 959 (Admin) Links: Bailii Statutes: Commons Act 2006 Jurisdiction: England and Wales Planning, Land Updated: 20 November 2022; Ref: scu.650188
LRA Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) – Inclosure Act 1857, section 12 – Commons … Continue reading Meldale Limited v Ludgershall Parish Council (Easements): LRA 27 Sep 2007
The claimant, a politician, sought damages after another local politician accused him of using physical intimidation at elections. The defendant claimed a Reynolds privilege. Held: This was not investigative journalism, and ‘There is no doubt that the subject-matter of these publications is of public interest. Allegations of undermining the democratic process, including by intimidation, are … Continue reading Malik v Newspost Ltd and others: QBD 20 Dec 2007
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should be admissible. Held: The jurisdiction of the court was not an appellate one, and therefore … Continue reading Betterment Properties (Weymouth) Ltd v Dorset County Council: ChD 2 Mar 2007
Application was made to register the ‘trap grounds’ as a village green. Held: Carnwath LJ: ‘The 1965 Act created no new legal status, and no new rights or liabilities other than those resulting from the proper interpretation of section 10. Since that section only takes effect in relation to any particular land on registration, there … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004
The court was asked as to the power to amend an application for registration of land as a village green, in the absence of any specific provision in the regulations permitting amendment. Guidance was sought for practitioners. Held: The 1965 Act ‘created no new legal status, and no new rights or liabilities other than those … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2005
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
LRA Easements and Profits A Prendre : Abandonment – Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) … Continue reading Meldale Ltd v Ludgershall Parish Council: LRA 27 Sep 2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
