The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section 113, and that in any event he had not occupied the property … Continue reading Steven We Ping Wall v Sheffield City Council: CA 23 Mar 2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 2006
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution. Held: ‘section 7(1) extends the powers of a housing authority beyond those in section 23(1), or at least avoids any unclarity … Continue reading Akumah v London Borough of Hackney: CA 17 Apr 2002
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
A homeless person given a licence to occupy temporarily a house themselves leased by the Local Authority in order to provide temporary accommodation for the homeless, had not been given a tenancy of that property. The section covered situations where the local authority had less than a full freehold interest. Citations: Gazette 29-Jan-1992 Statutes: Housing … Continue reading Tower Hamlets London Borough Council v Miah: CA 29 Jan 1992
Priority housing need applicant must show some partial dependency of children. Citations: Times 03-Oct-1996 Statutes: Housing Act 1985 58(1)(b) Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88295
Loss of a house from ignorance of benefit rules was not deliberate homelessness. Citations: Times 16-Jul-1996, (1996) 29 HLR 389 Statutes: Housing Act 1985 60(3) Jurisdiction: England and Wales Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her … Continue reading Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996
The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997
The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water … Continue reading Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and … Continue reading Reynolds v Brent London Borough Council: CA 4 Dec 2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998
The council having obtained a possession order, suspended on terms, through court proceedings, later sought to enforce the order by a warrant for possession issued without first giving notice to the tenant. The tenant alleged that the grant of the warrant was in breach of his right to a fair trial. Held: The hearing at … Continue reading St Brice and Another v Southwark London Borough Council: CA 17 Jul 2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes. Held: The appeal succeeded, and the defendant was 80% liable for the injury. Where … Continue reading Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001
LANDLORD AND TENANT – service charges – right to buy c 5 year limitation on service charges – ‘straddling’ these charges – Housing Act 1985, ss 125 and 125A, Sch 6 para 16B – appeal dismissed Citations: [2012] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 May 2022; Ref: … Continue reading London Borough of Havering v Smith: UTLC 21 Aug 2012
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county … Continue reading Copping v Surrey County Council: QBD 2005
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017
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
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make … Continue reading Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999
Housing – Right To Buy – whether appeal property particularly suitable for occupation by elderly persons – Para.11, Sched.5, Housing Act 1985 – appeal allowed Citations: [2018] UKUT 207 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 20 May 2022; Ref: scu.620102
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a tolerated trespasser. That status might be compromised as against … Continue reading William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
Property was purchased in joint names, but with no express declaration of the beneficial interests. The couple had lived together for a short time as joint tenants of the local authority. They were able to purchase at a substantial discount from the estimated market value because Miss S had been a tenant of the local … Continue reading Springette v Defoe: CA 1 Mar 1992
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on protected tenants of decisions which would lead to rent increases. Citations: Times 15-Feb-2000 … Continue reading Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales: CA 20 Jan 2000
A local authority landlord had obtained a possession order against the tenant, for arrears of rent, but allowed the tenant to continue in possession, and eventually agreed to the order for possession being revoked. At that time the tenant became a statutory tenant, and was deemed to have been so for the intervening period. The … Continue reading Rogers v Lambeth London Borough Council: CA 10 Nov 1999
The homeless status of the applicant is to be established and tested as the statutory investigation is completed, not just at the time the application is made. Citations: Times 17-Mar-1997 Statutes: Housing Act 1985 Part III Jurisdiction: England and Wales Housing Updated: 11 May 2022; Ref: scu.88096
Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period … Continue reading Regina v London Leasehold Valuation Tribunal Ex Parte Daejan Properties Ltd: QBD 20 Oct 2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as to allow further building. He had obtained planning permission for the proposed development. When … Continue reading Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000
The council had issued notices requiring renovation works. The property owner applied for grants to cover such works, but the application was refused on the basis that no estimate accompanied the application. It was held that the grants were intended to be mandatory. The council had discretion to accept applications without this information, and in … Continue reading Regina v Greenwich London Borough Council, Ex Parte Glen International Ltd and Another: CA 29 Mar 2000
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
A Landlord’s liability to carry out a repair to the tenanted property under the 1985 Act does not arise unless the tenant puts the landlord on notice of the disrepair. The tenant in such cases is under a duty to mitigate his losses. Citations: (1988) 20 HLR 393 Statutes: Landlord and Tenant Act 1987 11 … Continue reading Minchburn v Peck: 1988
Lessees asked the court for variation of the terms of their lease so as to permit further subdivision of the premises. The application failed in the county court. The landlord’s interests elsewhere might be affected if the application were granted, by leading to further applications of a similar kind; that the landlord’s objection to an … Continue reading Sarum Trust Ltd v Duke of Westminster: 1953
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was … Continue reading Parkins v City of Westminster: CA 20 Nov 1997
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
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
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to keep in repair the structure and exterior of the dwelling-house. Section 32(3) … Continue reading Quick v Taff Ely Borough Council: CA 1986
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999
A body exercising a statutory duty must give reasons for their decisions. Citations: Times 06-Oct-1993 Statutes: Housing Act 1985 64 Housing Updated: 09 April 2022; Ref: scu.87113
A council should satisfy itself by making more enquiries about suggestions of domestic violence before transferring a claimant to another authority. The granting of leave to move for a judicial review does not preclude the respondent from objecting that the application has been made out of time. (Obiter) Judges: Evans LJ Citations: Times 20-Jul-1993, Times … Continue reading Regina v Greenwich London Borough Council, Ex Parte Patterson: QBD 27 May 1993
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
An application under Paragraph 11 of Schedule 5 to the Housing Act 1985 in respect of determination as to whether a dwelling house is suitable for occupation Citations: [2015] UKFTT RP – BIR – 00CW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.626257
The property had been bought in joint names at a discounted price under a ‘right to buy’ conferred by the Housing Act 1985; but where the discount was substantially attributable to the plaintiff’s former occupation as local authority tenant. The court considered the appropriate shares on which the property was to be held. Held: Referring … Continue reading Evans v Hayward: CA 1 Jun 1992
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997
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
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
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
The claimants were tenants who sought damages from their local authority landlords, for failing to remedy defects such as mould, mildew, and condensation in the dwellings let to them. The defects were a result of the design of the building. They asked the court to revisit the law settled in the Quick case in the … Continue reading Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council: CA 21 Jan 2002
The court considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security. Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs Watts was a beneficiary of the Charity, her occupation was that of tenant at will of the … Continue reading Watts v Stewart and Others: CA 8 Dec 2016
The authority had served notices on the second defendant, requiring him to execute works to bring a property up to a habitable condition. Eventually the authority executed the works themselves, and sought repayment from him of the costs. He resisted enforcement proceedings on the basis that claim was defeated by limitation, and the long delay. … Continue reading The Royal Borough of Kensington and Chelsea v Amanullah Khan and The Wellcome Trust: ChD 13 Jun 2001
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages. Held: The defendant was bound ‘sic uit suo ut non laedat alienum’. ‘The defendants, treating them as the owners … Continue reading Rylands v Fletcher: HL 1868
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
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 bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit would be insufficient. Held: The agreement to increase the rent was … Continue reading Bankway Properties Ltd v Penfold-Dunsford and Another: CA 24 Apr 2001
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
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
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions. Held: The legislature had ‘conspicuously refrained’ from updating the statutory rent limit and it was therefore not for the … Continue reading McNerny v London Borough of Lambeth: CA 1988
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
Damages for an alleged breach of the respondent’s duty under s. 562(3) of the Housing Act, 1985. Lord Justice Roch, Lord Justice Brooke, And, Mr Justice Ferris [2000] EWCA Civ 77 Bailii England and Wales Housing Updated: 10 December 2021; Ref: scu.147110
The trial judge had dismissed a claim for rectification on the basis that the defendant hoped and suspected, but did not know, of the relevant mistake by the plaintiff. Held: Rectification was ordered because the defendant had sought to mislead the plaintiff into making the relevant mistake, the plaintiff had in fact made it, and … Continue reading Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the chief manager and owner suffered a severe head injury, and … Continue reading Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could not afford to travel to it. The power of the County Court to hear … Continue reading Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live in the house paying rent and sums from the arrears until he died in … Continue reading Austin v Mayor and Burgesses of The London Borough of Southwark: SC 23 Jun 2010
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
PPI Sale – No Recovery from Remote Parties The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. She said that the commission disclosure by the defendants … Continue reading Plevin v Paragon Personal Finance Ltd: SC 12 Nov 2014
The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. The claimant sought to succeed to the tenancy. The Court of Appeal allowed the … Continue reading Solihull Metropolitan Borough Council v Hickin: SC 25 Jul 2012
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
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history. Held: The school’s appeal failed. English law may be at fault because it made no allowance for any justification of direct … Continue reading E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002
Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014
Can a recreational purpose underlie an easement The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but the same rights by way of easements over the communal grounds and … Continue reading Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another: CA 4 Apr 2017
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
Different claims allowed re-litigation The parties had had long standing disputes as landlord and tenant. They were at one point settled, but the tenant claimed again, and the landlord sought to strike out the claim as an abuse of process, saying the claimant had failed to comply with the pre-action protocol. The tenant now appealed. … Continue reading Henley v Bloom: CA 9 Mar 2010
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his negligent survey of a property. The plaintiff sought damages for distress, and the cost of … Continue reading Watts and Co v Morrow: CA 30 Jul 1991
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that public authorities are obliged at common law to publish reasons for … Continue reading Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 25 Nov 2008