The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue. … Continue reading Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he had in consequence suffered psychological damage after returning to and … Continue reading Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996
‘The declaration sought is in these terms: ‘The amendment of Schedule 7B of GoWA by section 54(2) of UKIMA, to add UKIMA to the list of protected enactments, does not amount to a reservation and does not operate so as to prevent the Senedd from legislating on devolved matters in a way that is inconsistent … Continue reading The Counsel General for Wales, Regina (on The Application of) v The Secretary of State for Business, Energy and Industrial Strategy: CA 9 Feb 2022
The complainant requested information relating to the Welsh Assembly Government’s primary schools free breakfasts initiative. The public authority refused the request, citing sections 42 (legal professional privilege) and 35 (formulation of government policy) of the Act. After viewing the information, the Commissioner accepted that the exemptions were engaged and then considered the public interest arguments … Continue reading National Assembly for Wales (Decision Notice): ICO 4 May 2006
The complainant requested copies of any information, held on any investigation file, which related to the construction of his property. The Public Authority responded by claiming that, under section 44 of the Act, there is a statutory prohibition on disclosing any information it holds as a result of an investigation. The authority did not confirm … Continue reading Local Government Ombudsman (Decision Notice): ICO 23 Mar 2006
Several documents were disclosed in response to a request for information concerning the West Africa Gas Pipeline and the Chad/Cameroon Petroleum Development and Pipeline project. However, UKTI withheld various documents on the grounds that their release would be prejudicial to the effective conduct of international relations and that they contained personal data. The Commissioner examined … Continue reading UK Trade and Investment (Decision Notice): ICO 11 Apr 2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The defendant appealed his conviction for the unlawful interception of communications, saying that he was authorised to access the information he had obtained. He had instructed a junior employee to access emails by the use of an ID and password given to him by another senior employee. Held: The appeal failed. The judge had taken … Continue reading Regina v Stanford: CACD 1 Feb 2006
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
Lord Denning MR said that a constable equipped with a search warrant: ‘may seize not only the goods which he reasonably to be covered by the warrant, but also any other goods which he believes on reasonable grounds to have been stolen and to be material evidence on a charge of stealing or receiving against … Continue reading Chic Fashions (West Wales) Ltd v Jones: CA 12 Dec 1967
The complainant requested the Department for Communities and Local Government to release information relating to two contracts it had entered into in 2006 and 2008 with Landmark Information Group. The DCLG released some information but refused to release certain sections of the contracts themselves under sections 40(2) and 43(2) of the Act. As the complainant … Continue reading Department for Communities and Local Government (Decision Notice): ICO 21 Jun 2011
On 23 February 2005 the complainant sought disclosure of correspondence passing between a senior BBC office-holder and a government adviser dating from 2 April 2004. The BBC withheld the information, placing reliance upon the exemption under section 40 of the Act, and subsequently upheld its decision on review. The Commissioner considered the correspondence passing between … Continue reading BBC (Decision Notice): ICO 4 Sep 2006
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled in England with the apparent approval of the Cyprus Government and so too … Continue reading Kakis v Government of the Republic of Cyprus: HL 1978
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
The appellant, the director and employee of a housing society was bribed by a real estate agent, one Manickam, and the appellant then caused the society to buy land at an overvalue. The agent was sued for money had and received (for the amount of the bribe paid in breach of the agent’s fiduciary duty) … Continue reading Mahesan v Malaysia Government Officers Co-operative Housing Society: PC 1978
ICO This Decision Notice has been issued against the OGC following communications between the Commissioner, HM Treasury and the OGC, subsequent to which it has been accepted that the information requested by the complainant in the case of FS50083104 was in fact a request to the OGC and not HM Treasury. The Decision Notice issued … Continue reading Office of Government Commerce (Decision Notice): ICO 5 Oct 2006
ICO The complainant requested a copy of a report into the National Health Service University, known as the Wells Report, which was withheld under section 33 (audit functions). The department also cited sections 35 (formulation of government policy), 40 (personal information), and 41 (information provided in confidence). The Commissioner has decided that these exemptions have … Continue reading Department of Health (Decision Notice): ICO 27 Nov 2006
The complainant requested information relating to the advice given by the Attorney General to the Government on the legality of military action in Iraq. The public authority refused to supply the information citing the exemptions in sections 27, 25 and 42 of the Act. The Commissioner has investigated this case together with a number of … Continue reading Legal Secretariat of The Law Officers (Decision Notice) FS50064590: ICO 7 Jul 2006
ICO The complainant made a request for information about Gateway Reviews of the identity cards programme which had been carried out by the OGC, who refused to provide the information on the grounds that it related to the formulation and development of government policy (section 35) and that disclosure would prejudice the exercise of its … Continue reading Office of Government Commerce (Decision Notice): ICO 31 Jul 2006
The complainant requested information relating to the advice given by the Attorney General to the Government on the legality of military action in Iraq. The public authority refused to supply the information citing the exemptions in sections 27, 25 and 42 of the Act. The Commissioner has investigated this case together with a number of … Continue reading Legal Secretariat of The Law Officers (Decision Notice) FS50069105: ICO 7 Jul 2006
The complainant requested information relating to the advice given by the Attorney General to the Government on the legality of military action in Iraq, which the public authority refused to supply citing the exemptions in sections 35 and 42 of the Act. The Commissioner has investigated this case together with a number of other complaints … Continue reading Legal Secretariat of The Law Officers (Decision Notice) FS50063472: ICO 7 Jul 2006
The complainant requested information regarding the legal advice provided to government about the legality of war in Iraq. The Cabinet Office confirmed that information relevant to the first two sections of the request was not held. It confirmed that material relevant to the third part of the request was held but that it was exempt … Continue reading Cabinet Office (Decision Notice) FS50079971: ICO 7 Jul 2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside. Held: When asked to review an arbitration award made internationally under the Convention, it was important … Continue reading Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable to be tried under the provisions of the Corrupt Practices … Continue reading Armah v Government of Ghana and Another: HL 1968
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in respect of their occupation. Held: The appeal was dismissed. A court hearing a … Continue reading Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening: CA 23 Jun 2009
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. The defendants claimed privilege under Reynolds and the 1996 Act. Held: The defence of qualified privilege failed. Gray J [2006] EWHC 1756 (QB), [2007] 1 All ER 622 Bailii Defamation Act 1996 England and Wales … Continue reading Charman v Orion Publishing Group Ltd and others: QBD 13 Jul 2006
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010
Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be … Continue reading Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group. Held: The appeals succeeded. In order to found such a social group, the connection between the members … Continue reading Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006
Police officers had entered a house in pursuit of a suspected burglar. Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier. Donaldson LJ said: ‘it is conceded in this case that (the trial judge) correctly analysed the position at … Continue reading Swales v Cox: CA 1981
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made. Held: The court can interfere if the decision maker has taken into account a consideration which is immaterial, or failed to take account of … Continue reading Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965
The Government of India sought to prove in the voluntary liquidation of a company registered in the United Kingdom but trading in India for a sum due in respect of Indian income tax, including capital gains tax, which arose on the sale of the company’s undertaking in India. Held: The claim was not maintainable because … Continue reading Government of India v Taylor: HL 1955
Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006
The prosecutor appealed after the district judge had at first granted an anti-social behaviour order, but had later thought it too wide and that it was unenforceable and void.
Held: the district judge had exceeded his powers. There were . .
The complainant requested information relating to the transfer of pensions of officers of the Royal Parks Police from the Principle Civil Service Pension Scheme to the Police Pension Scheme. The public authority withheld part of the information . .
The complainant had requested information about representations made to the Deputy Prime Minister following the report of the Planning Inspector into the application to Vauxhall Tower in London. The Commissioner agreed that the information was . .
The complainant requested information concerning the government’s reasons for taking no action following the DTI’s investigation into the allegations that British and American Tobacco was involved in smuggling. The information was withheld on the . .
The request was for the forecasts as to the impact upon UK pension funds of the decision to withdraw the payment of tax credits on UK dividends in 1997. The Treasury withheld the information under section 35(1)(a), on the basis that it related to . .
The complainant made a request to know the traffic light status awarded to Gateway Reviews of the Identity cards programme which had been carried out by the Office of Government Commerce, an independent office of the Treasury. The information was . .
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 complainant made a request for a report relating to the use of land west of the A1(M) at Stevenage in Hertfordshire. The Department withheld the information under regulation 12(4)(e) (internal communication), and section 22 of the Freedom of . .
The claimant on behalf of himself and other islanders sought a declaration that the 2004 Order was unlawful. The islands had been emptied of people in 1973 and before in order to allow use of the islands as military bases. He had enjoyed a right to . .
IT Sections 33(1)(b) and (2) and 35(a)(iii) Freedom of Information Act 2000 – meaning of prejudice in section 33 – balance of public interest in relation to reports regarding project management controls . .
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
Whilst the court of appeal did have a residual discretion to review a refusal by a judge of a grant of leave to appeal against an arbitration based upon an allegation of unfairness such as should undermine the fairness of the decision, that . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
Allied Maples had made a corporate takeover of assets and businesses within the Gillow group of companies, during which it was negligently advised by the defendant solicitors in relation to seeking protection against contingent liabilities of subsidiaries within the vendor’s group. Allied Maples would have been better off, competently advised, if, but only if: (a) … Continue reading Brown v KMR Services Ltd: CA 26 Jul 1995
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003
The defendant asserted that he was entitled to diplomatic privilege to protect him from an action here. He was public minister of a foreign state. He had been received by the Court and given formal accreditation. He had no real property in Britain. Held: Since he had done nothing to disentitled himself from such protection, … Continue reading Magdalena Steam Navigation Company v Martin: 1859
The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt. Held: A body, which has a judicial function, was a court, whereas if it has an administrative function, albeit carried out judicially, it would not be a court. Lord … Continue reading Attorney General v British Broadcasting Council: HL 1981
Judges: McCombe J Citations: [2008] EWHC 1009 (QB) Links: Bailii Statutes: Public Contracts Regulations 2006 Jurisdiction: England and Wales Local Government Updated: 07 December 2022; Ref: scu.427043
The defendant was a counsellor of a foreign legation, and was subject to the directions of the minister plenipotentiary. In the absence of the minister, he acted up as charge d’affaires. He sought the protection of the 1708 Act. Held: A person acting in such a position was entitled to the protection as if he … Continue reading Taylor v Best: 1854
A merchant who was resident in London took on additional duties as consul for a foreign government. Held: the appointment was not sufficient to protect him from an action upon a mesne process. Citations: (1814) 3 M and S 284, [1814] 105 ER 619 Jurisdiction: England and Wales Cited by: Cited – Regina v Jones … Continue reading Viveash v Becker: 1814
The plaintiff challenged a compulsory purchase order, saying that the purpose of the order went beyond the statutory purpose. Held: The provision of ‘houses’ must be taken to include the provision of ancillary facilities. Denning J said that he was satisfied that the local authority did not mean to restrict itself in its letting of … Continue reading HE Green and Sons v Minister of Health (No 2): 1947
Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of both the Insolvency Proceedings Regulation and UNCITRAL. Both were preceded by the European Convention on Insolvency Proceedings. Its … Continue reading In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007
The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them. Held: The article … Continue reading Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007
Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32. The Respondent Company carried on an … Continue reading Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955
The tenant said that the landlord local authority had accepted his surrender of his lease by granting a new one, but the new lease was void as ultra vires. Held: Not even the surrender of their old lease on the promise to grant the new one assisted them. The old lease would not be deemed … Continue reading Rhyl Urban District Council v Rhyl Amusements Ltd: 1959
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
Two applications for permission to appeal Citations: [2007] EWCA Civ 1414 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005 Reasons for dismissal of stay for certain defendants. . . See Also – … Continue reading Zambia v Meer Care and others (1414): CA 17 Dec 2007
Citations: [2007] EWCA Civ 1415 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005 Reasons for dismissal of stay for certain defendants. . . See Also – Zambia v Meer Care and Desai … Continue reading Zambia v Meer Care and others (1415): CA 17 Dec 2007
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
Two actions had been brought by a contractor against the partners in a farming partnership. Those actions were consolidated. One of the partners died and when the plaintiff found that out he discontinued his claims against the deceased partner and Mrs Wentworth-Stanley, the wife of that deceased partner, and proceeded solely against the third partner, … Continue reading Morris v Wentworth-Stanley: CA 4 Sep 1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was inappropriate to allow the disclosure of the identity of a person found to have committed sexual abuse, … Continue reading In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure): CA 8 Oct 1998
The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released by the police without charge. The local authority … Continue reading Regina v Norfolk County Council, ex parte M: QBD 1989
Complaint was made that the occupier had taken up occupation of a vehicle, a Commer van, ‘adapted’ for human habitation, and therefore under the control of the 1960 Act, but on land for which there was no planning permission for use for caravans. Held: The defendant had merely placed bed and other furniture in an … Continue reading Backer v Secretary of State for the Environment: 1983
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he agreed to go to the US voluntarily. That offer had been … Continue reading McKinnon v USA and Another: Admn 3 Apr 2007
The defendant was charged with endeavouring to seduce a member of Her Majesty’s forces from his duty or allegiance to Her Majesty. Held: A soldier owes allegiance to the Crown, whether he has taken the oath of allegiance or not. Citations: [1975] QB 678 Statutes: Incitement to Disaffection Act 1934 Jurisdiction: England and Wales Citing: … Continue reading Regina v Arrowsmith: 1975
The appellant argued that, since the Crown had had no power to make laws for the colony of Ceylon which offended against fundamental principles, at independence it could not hand over to Ceylon a higher power than it possessed itself. Held: The power of the King in Council to make prerogative orders in respect of … Continue reading Campbell v Hall: 1774
Lightman J said: ‘The distinction between (disqualifying) pecuniary interests and (non-disqualifying) potential pre-judgment arising from prior publicly stated views in the case of administrative bodies . . is well-established: see e.g. R v SSE ex p Kirkstall Valley Campaign [1996] 3 All ER 305. This accords with well established law in the local authority field … Continue reading Regina (Loudon) v Bury School Organisation Committee: Admn 2002
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
UTIAC 1. The requirement to show that a person or persons can be maintained (or will maintain themselves) ‘adequately’ without recourse to public funds has long been a requirement of the immigration rules. It continues to be a requirement for various categories of person in the amended rules that came into force in July 2012. … Continue reading Yarce (Adequate Maintenance: Benefits) Colombia: UTIAC 30 Nov 2012
FTTTx Value Added Tax – Taxable person – Local authority – Provision of off-street car parking – Impact of exemption on relevant market – Distortion of competition – Whether local authorities taxable persons in respect of provision of such parking – Questions referred to ECJ for determination – Application of ruling of ECJ (Case C-288/07) … Continue reading Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012
The company sought to enforce its loan agreement and charge over the defendants’ property. The defendants appealed saying that the agreement was unenforceable under the Act, since a commission had been paid to the introducing broker, and his fee had been added to the loan amount. The agreement was a fixed sum credit agreement regulated … Continue reading Wilson and Another v Hurstanger Ltd: CA 4 Apr 2007
A claim in negligence was brought against insurance brokers for failing to advise the claimant of certain matters with the result that an insurance policy entered into by the claimant was voidable for non-disclosure. Held: The claimant suffered damage when the policy was entered into: ‘the cause of action can accrue and the plaintiff have … Continue reading Knapp v Ecclesiastical Insurance Group Plc and Another: CA 30 Oct 1997
