The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
Citations: [2003] EWCA Civ 71 Links: Bailii Statutes: Environment Act 1995 S13p9 Jurisdiction: England and Wales Planning Updated: 24 October 2022; Ref: scu.181112
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had been left at the house. He also complained of the mention … Continue reading Payton, Regina v: CACD 26 May 2006
The lease provided for a rent review under which the rent might either be increased or decreased. The landlord had chosen not to exercise the clause in view of falling rents. The tenant purported to do so. The landlord said that it alone had the right to start the procedure. Held: There was no presumption … Continue reading Hemingway Realty Ltd v Clothworkers’ Company: ChD 8 Mar 2005
UTLC COMPENSATION – modification order – review of mineral planning permission under Environment Act 1995 – basis of claim – whether depreciation of the value of land or loss of profits – Habitats Regulations 1994 – proposed use contrary to law – insufficient evidence to establish depreciation of value of land – whether loss directly … Continue reading MWH Associates Ltd v Wrexham County Borough Council: UTLC 19 Jul 2011
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
EAT DISABILITY DISCRIMINATION – Reasonable adjustments Tribunal in finding a failure to make reasonable adjustments under the Disability Discrimination Act 1995 failed to follow the guidance set out in Environment Agency v Rowan [2008] ICR 218. Judges: Ansell J Citations: [2010] UKEAT 0435 – 09 – 1309 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: … Continue reading Secretary of State for Work and Pensions v Wakefield: EAT 13 Sep 2010
The company, importers of fish, challenged the lawfulness of Regulations which imposed a levy requiring them to contribute to the training of UK fishermen. Held: The company’s appeal succeeded. Judges: Mummery LJ, Richards LJ, Rimer LJ Citations: [2010] EWCA Civ 263, [2010] 3 All ER 126, [2010] 1 WLR 2117 Links: Bailii Jurisdiction: England and … Continue reading Bloomsbury International Ltd and Others v The Sea Fish Industry Authority and Another: CA 18 Mar 2010
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
The defendants appealed by way of case stated against their convictions for noise nuisance for their husky kennels – ‘Howling Dog Kennels’. They said that it was impractical, both for animal welfare and cost reasons further to limit the noise. Held: It was for the defendants to have shown that the best practicable means were … Continue reading Manley and Another v New Forest District Council: Admn 6 Nov 2007
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
The claimant challenged the lawfulness of a search warrant issued by the first defendant, the Westminster Magistrates Court. Held: ‘The challenges brought by the claimant as to the warrant and Information cannot be described as technical challenges, they go to the substance of the application. The absence of the identified information serves to undermine the … Continue reading Sweeney v Westminster Magistrates Court and Another: Admn 25 Jun 2014
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007
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 of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008
The employee had complained of her working conditions, particularly at having to work in an environment polluted by others smoking. Held: The correct term to be implied into her contract of employment to deal with the complaint in this case, is that the employer will provide and monitor for his employees, so far as is … Continue reading Waltons and Morse v Dorrington: EAT 19 May 1997
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete licence for nearby premises. The claimants, neighbours, asserted an infringement of their human rights. Held: … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others: Admn 31 Jul 2003
The council appealed by case stated against rejection of its claim of an asserted noise nuisance at the defendant’s paint factory. The magistrates had found that the notice had been served on the wrong (though related) company, and refused permission to alter the notice at trial. Held: The appeal failed. The application to amend amounted … Continue reading Waveney District Council v Lowestoft (North East Suffolk) Magistrates’ Court and Another: Admn 25 Nov 2008
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
A complaint of statutory nuisance laid before the magistrates must contain even if in summary form, similar details as would appear in an abatement notice, including the capacity in which the defendant is served and the steps required to be taken to abate the nuisance complained of. The defence available under section 99 was available … Continue reading Warner v Lambeth London Borough Council: QBD 26 Mar 1984
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US. Held: Because the child’s identity had been hidden, that period could not be counted as settled existence … Continue reading Cannon v Cannon: CA 19 Oct 2004
The applicant built a shed on land behind his bungalow, but without planning consent. The planning authority issued enforcement proceedings. He appealed, contending that it fell within the Order. The inspector visited the property, and decided that it was not within the curtilage of the house. The land owner appealed. Held: Whether the shed was … Continue reading Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building. Held: The inspector had been wrong to place significance on what he thought was the owners intentions … Continue reading Lowe v First Secretary of State and Another: Admn 6 Feb 2003
The land-owner had received planning permission to construct an extension to her home subject to a condition that it could be occupied only by a dependant relative. In 1996, she let it to students in breach of the condition. In 1996, te council took enforcement proceedings. She answered that the time limit for enforcement was … Continue reading First Secretary of State v Arun District Council and Another: CA 10 Aug 2006
Parties challenged the legality of a levy imposed by the defendant for the purposes of supporting the sea food industry. They said that a levy imposed on fish products imported to the UK was beyond the powers given by the 1981 Act, and was contrary to EU law. Held: The challenge was dismissed as to … Continue reading Bloomsbury International Ltd and Others v Sea Fish Industry Authority and Another: QBD 24 Jul 2009
The claimants, the Commissioners and the County Council, sought declarations to establish their right to build a marina on parts of the foreshore currently used for commercial mussel fishing. Section 40 of the 1868 Act authorised ministers to make orders conferring exclusive rights of several oyster and mussel fishery on ‘grantees’, defined as ‘the persons … Continue reading Isle of Anglesey County Council and Another v The Welsh Ministries and others: CA 20 Feb 2009
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into consideration for the purpose. Held: When a challenge is made in court to … Continue reading Regina v Lancashire County Council ex parte Huddleston: CA 1986
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object. Held: The applicant had been deprived of her right to make objection to the application by the authortiy’s failure. If the authority had communicated its decision, she … Continue reading Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005
A customs charge may be regarded as levied solely or exclusively by reason of its crossing a frontier, although it is applied at a later stage, such as marketing or processing of the product: ‘the prohibition [of a CEE] is aimed at any tax demanded at the time of or by reason of importation and … Continue reading Steinike and Weinlig v Federal Republic Of Germany: ECJ 22 Mar 1977
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, … Continue reading Oxfordshire County Council v GB and Others: CA 22 Aug 2001
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Application for leave to appeal to the Court of Appeal against a ruling of the Social Security Commissioner. The tibunal was asked if the Court of Appeal any jurisdiction to give leave to appeal from the refusal of a Social Security Commissioner to give leave to appeal to her from a decision of the supplementary … Continue reading Bland v Chief Supplementary Benefit Officer: SSCS 1 Dec 1982
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches the matter. Once the appellant has shown a real prospect (justifying permission to appeal) that a finding or inference is wrong, the role of an … Continue reading Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The “Margaretha Maria”): CA 2002
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003
EAT The EAT considered the expression ‘likely to last’ in paragraph 2(1)(b) of the Act, and stated: ‘It is always tempting to accord, and is often appropriate, when it is charged with finding out what at some earlier date the future would then have seem to hold, to have regard to what the future in … Continue reading Latchman v Reed Business Information Ltd: EAT 7 Dec 2001
An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The first defendant had acquired several properties, and was due to make repayments greatly in excess of his income. A further defendant, his brother, was a solicitor who was known to have been involved in mortgage fraud and was suspected of having additionally defrauded the first defendant. The first defendant said he was not to … Continue reading St Paul Travelers Insurance Co Ltd v Okporuah and others: ChD 10 Aug 2006
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken. Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not during a defence on enforcement. In looking at Part VII of the Act, the scheme of enforcement … Continue reading Regina v Wicks: HL 21 May 1997
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
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] … Continue reading Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007
A notice of decision of a mineral planning authority was deemed to be served when delivered or receipted, and not upon the date posted. Where the time limit for service of the notice expired between its being sent and received, that period had expired, and the notice invalidated. Citations: Times 13-Oct-1999, [1999] EWHC Admin 590 … Continue reading Regina v East Sussex County Council ex parte ARC Ltd and Ross and Simpson (Rye Harbour) Ltd: Admn 24 Jun 1999
Citations: [1998] EWHC Admin 106 Links: Bailii Statutes: Environmental Protection Act 1995 Citing: Cited – Marath and Another v MacGillivray CA 5-Feb-1996 A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the … Continue reading Leeds v London Borough of Islington: Admn 29 Jan 1998
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
The parties entered into an option agreement giving the claimant a right to purchase the defendant’s land. The consideration would be affected by the costs of complying with a section 106 agreement to construct local ancillary services. The parties disputed whether the land owners were obliged to agree to the agreement requested. Held: The claim … Continue reading Nirah Holdings Ltd v British Agricultural Services Ltd and Another: ComC 11 Sep 2009
ECJ (Judgment) A measure carried out by means of discriminatory taxation, which may be considered at the same time as forming part of an aid within the meaning of article 92 of the EEC treaty, is governed both by the provisions of the first paragraph of article 95 and by those applicable to aids granted … Continue reading Commission v Italy C-73/79: ECJ 21 May 1980
ECJ 1. The prohibition of charges having an effect equivalent to customs duties covers any charge exacted at the time of or on account of importation which, being borne specifically by an imported product to the exclusion of the similar domestic product, has the result of altering the cost price of the imported product thereby … Continue reading Commission v France (Rec 1981,P 283) (Judgment): ECJ 3 Feb 1981
ECJ Any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier and which is not a customs duty in the strict sense, constitutes a charge having an equivalent effect within the meaning of articles 9, 12, 13 and 16 … Continue reading SARL Denkavit Loire v Etat Francais, administration des douanes: ECJ 31 May 1979
A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection of section 78 of the Act of 1984. Judges: Lord Browne-Wilkinson Citations: Independent 26-Jul-1994, … Continue reading Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994
The local authority served a noise nuisance abatement notice upon the respondents regarding their plant room. The notice required abatement and a non-repetition. The notice was not specific as to the works required to be undertaken. It was held that the notice was indeed insufficiently specific. Although it was possible to add to the notice … Continue reading Camden London Borough Council v London Underground Ltd: QBD 7 Jan 2000
Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, five plots in Lancaster were owned by LCC who objected to an application … Continue reading Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019
The claimant sought judicial review of the decision of the respondent to grant planning permission to Tescos to extend their supermarket. Held: Review was refused. The application succeeded on one of the four grounds claimed, but that defect in the decision making process was insufficient to justify setting the permission aside. The officers had not … Continue reading Estates and Agency Properties Ltd, Regina (on The Application of) v Barking and Dagenham and Another: Admn 21 Dec 2012
The court considered whether there had been an act by the landowner sufficient to amount to a dedication a path as a public right of way. Scott LJ said that actual dedication was ‘often a pure legal fiction [which] put on the affirmant of the public right an artificial onus which was often fatal to … Continue reading Jones v Bates: CA 1938
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now … Continue reading C v London Borough of Lewisham: CA 4 Jul 2003
The Court was asked whether a planning authority could validly achieve by agreement any purpose which it could not validly achieve by planning condition or whether the test for validity was the same in each case. Held: A council may agree to a restriction on use outside the scope of the planning acts. An agreement … Continue reading Good and Another v Epping Forest District Council: CA 11 Nov 1993
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights. Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life would be so directly effected by the incinerator proposal as to engage article 8, ‘The answer to that … Continue reading Regina (Vetterlein) v Hampshire County Council: Admn 2001
Service by the tenant of a notice of an ant infestation at the local authority local housing office, was insufficient compliance with the Act. Since it might lead to a criminal penalty, the section had to be followed. Citations: Gazette 18-Feb-1998 Statutes: Environmental Protection Act 1995 82 Nuisance Updated: 10 May 2022; Ref: scu.82982
A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017
A property developer sued his solicitor for negligent advice on the purchase of a property. The solicitor wished to rely on previous retainers, in which the developer had ignored advice, so as to challenge the developer’s assertions that, with proper advice, the developer would not have purchased the property. Held: Dillon LJ, adopted the formulation … Continue reading Lillicrap v Nalder: CA 1993
This application for judicial review is concerned with the manner in which the Defendant Council dealt with an application for approval of conditions (the application) made by the claimant under the Environment Act 1995 Citations: [2003] Env LR 679, [2002] 17 EG 155, [2002] EWHC 866 (Admin), [2002] PLCR 25 Links: Bailii Jurisdiction: England and … Continue reading Payne, Regina (On the Application of) v Caerphilly County Borough Council: Admn 4 Apr 2002
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a child born in Texas and a US citizen. His father was a … Continue reading Re KL (A Child): SC 4 Dec 2013
A tenancy granted by an insolvent farmer to his wife was set aside because of additional benefits which were granted. The tenancy was held to have been granted at an undervalue, even though the court was unable precisely to measure the value of the benefits granted. ‘In applying section 423(1)(c) to the facts of the … Continue reading Agricultural Mortgage Corporation Plc v Woodward and Another: CA 30 May 1994
Disputes over the running of a private company had been compromised by the plaintiffs’ solicitors. The plaintiffs sought to upset the compromise on the basis that they had been induced by a misrepresentation. The Defendants sought disclosure of privileged documents, particularly those passing between the plaintiffs and their solicitors. Held: Jonathan Parker J discussed the … Continue reading Hayes v Dowding: 1996
(United States District Court, Eastern District of Washington) Neill CJ said: ‘All of these established exceptions to the rules of privilege have a common denominator; in each instance, the party asserting the privilege placed information protected by it in issue through some affirmative act for his own benefit, and to allow the privilege to protect … Continue reading Hearn v Rhay: 1975
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal presumptions reflect the norm, and the presumption under the Convention is … Continue reading Re N (Minors) (Abduction): FD 2 Jan 1991
The court was asked whether the Clyde Navigation Consolidation Act 1858 required dues to be paid on logs which were chained together and floated down the River Clyde. The evidence was that these dues had been levied and paid without protest for a quarter of a century. Held: Lord Watson said: ‘When there are ambiguous … Continue reading The Trustees of Clyde Navigation v Laird and Sons: HL 1883
An employer dismissing an employee for sickness absences, and who was unaware that the sickness had come to be a disability, did not discriminate under the Act. The reason for the dismissal was to be looked for in the mind of the employer. Citations: Gazette 08-Jul-1998, Gazette 10-Jun-1998, Times 12-Mar-1998, [1998] IRLR 233 Statutes: Disability … Continue reading O’Neill v Symm and Co Ltd: EAT 10 Jun 1998
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours. Held: The company’s application amounted to a material variation of the license, and the council was not precluded from applying its policy. Judges: Beatson J Citations: [2006] EWHC 815 (Admin), Times … Continue reading JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council: Admn 11 Apr 2006
Planning permission was granted subject to conditions. Later one condition was lifted on a renewed application. It referred to the earlier permission, but not the earlier conditions explicitly. Held: The permission was not clear, and therefore reference to other documents was permitted, In that context, the application defined itself in terms of the earlier application, … Continue reading Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
Statutory nuisance proceedings are in their nature criminal proceedings, and compensation may be awarded by the court. Citations: Times 07-Nov-1994, (1994) 16 Cr App R (S) 622 Statutes: Environmental Protection Act 1990 82(1) Jurisdiction: England and Wales Citing: Adopted – Regina v Inner London Crown Court ex parte Bentham QBD 1989 The defendant sought legal … Continue reading Botross v Hammersmith and Fulham London Borough Council: QBD 7 Nov 1994
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: … Continue reading JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
