The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. Held: The judge should have concluded that the effect of the contract … Continue reading Scottish and Newcastle plc v GD Construction (St Albans) Ltd: CA 22 Jan 2003
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale. Held: The 1985 Act made no reference to … Continue reading Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002
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
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
A house had ten bedrooms. One was retained by the owner for use some two months a year, the other nine were let to people in their twenties who had just completed their further education and were embarking on careers in the professions or banking and who on average stayed for two years. Held: The … Continue reading Guy Rogers v London Borough of Islington: CA 30 Jul 1999
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
A change in housing law is not retrospective so as to allow a local authority to re-assess an asylum seeker as not being in need of emergency housing. Once the decision had been made, it was improper to re-open it and give notice to existing tenants. Citations: Gazette 12-Nov-1997, Times 17-Nov-1997 Statutes: Housing Act 1985 … Continue reading Regina v Hackney London Borough Council Ex Parte K: CA 12 Nov 1997
One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release her interest in the tenancy. Held: Arcane notions of the ownership of the entire property … Continue reading Burton v London Borough of Camden: HL 27 Jan 2000
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided with accommodation in accordance with section 65(2) of the 1985 Act was … Continue reading Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order described as ‘the current rent’. The wife defaulted on the terms … Continue reading Thompson v Elmbridge Borough Council: CA 1987
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
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 local authority notice to complete issued by local authority to a tenant acquiring a house under the right to buy provisions, was not valid where one tenant had withdrawn from the purchase application, and the authority had accepted that the other could proceed. The removal of a tenant amounted to a relevant outstanding matter … Continue reading Senbanjo v Brent London Borough Council: ChD 4 Jan 2001
A minor can succeed to a statutory tenancy under the Rent Acts. A statutory tenancy is not an interest in land and a minor does have the capacity to contract for necessaries such as lodging. Citations: [1987] 6 CL 217 Cited by: Cited – Royal Borough of Kingston Upon Thames v Prince and Another CA … Continue reading Portman Registrars v Mohammed Latif: 1987
The court considered the relationship between statutory provisions and the terms of a tenancy agreement. Held: Brandon LJ said: ‘In the various Housing and rent Acts the legislature did not seek to interfere with the common law principles on which contractual tenancies, whether periodic or for a term certain, could be brought to an end. … Continue reading Harrison v Hammersmith and Fulham London Borough Council: CA 1981
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
LT COMPENSATION – compulsory acquisition of long leasehold house in poor condition – mortgage – value of unencumbered long leasehold interest determined at andpound;7,600 – no deduction of charges when determining market value – lack of evidence regarding mortgage – no determination of amounts payable to claimantsAn order had been made for the compulsory purchase … Continue reading Beard and Natwest Bank v Wigan Metropolitan Borough Council: LT 31 Dec 2001
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
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
The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her local connection with Camden, and refused assistance beyond referring her to Camden. Held: The applicant … Continue reading Regina v Harrow London Borough Council Ex Parte Carter: QBD 25 Nov 1992
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would impinge on the management of the park where … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne: QBD 8 Jun 2000
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 had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
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
LT COMPENSATION – Compulsory purchase of land for the construction of a road – value – assumed planning permission – value of minerals – planning permission for a commercial minerals operation not granted or to be assumed – compensation assessed on basis of agricultural value at andpound;17,000 – Alternative valuation (Rule 50(4) Lands Tribunal Rules … Continue reading C F and M G Roberts v South Gloucestershire District Council: LT 31 Dec 1994
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
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 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 claimant was housed in temporary accommodation pending the determination of their homelessness claims. The claimant’s wife suffered mental illness, and they wished to reject an offer of accommodation. The authority sought to argue that the accommodation already provided satisfied their duties to provide permanent housing. It was held that the authority had through its … Continue reading Regina v The London Borough of Newham Ex Parte Miah: Admn 12 Sep 1997
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
The appellant had bought a house at auction. It had previously been sold by a local authority subject to a covenant by the buyer allowing the authority to nominate tenants. The covenant was said to be binding on successors in title, and was registered as a local land charge. The appellant challenged an order that … Continue reading Cantrell v Wycombe District Council: CA 29 Jul 2008
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed. Held: subject to the effect … Continue reading Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003
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
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
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
[2002] EWHC 320 (Admin) Bailii Housing Act 1985 352 England and Wales Housing Updated: 23 November 2021; Ref: scu.172191
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order. Held: McPhail suggested that ‘whereas as against squatters owners of land who obtained an order for … Continue reading Bristol City Council v Hassan and Glastonbury: CA 23 May 2006
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 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
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
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
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 deceased had before his death sold his principle property and made substantial gifts to beneficiaries under his existing will. The parties disputed whether the gifts should be brought into the estate to set off against the gifts made in the will. Held: On the facts as found the gift was not a portion as … Continue reading Kloosman v Aylen and Others: ChD 8 Mar 2013
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
Car Cleaning nil-hours Contractors were Workers The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated benefits. The contracts were ‘nil hours’ contracts neither requiring nor entitling … Continue reading Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011
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
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 House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
P in possession – tenancy at will Until Completion A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down. Held: The tenant’s appeal failed. It was inferred in the absence of any other … Continue reading Javad v Aqil: CA 15 May 1990
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively owned the ground and first and second floors of a bulding. Access to … Continue reading Chaudhary v Yavuz: CA 22 Nov 2011
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence. Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. … Continue reading Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
The applicant was headmaster of a boarding school. The contract of employment did not require him to occupy the house, but a new house was built for the headmaster and he moved into it. It was not necessary for him to occupy the house for his . .
The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .
The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for . .
The appellant sought to resist his eviction from temporary hostel accomodation provided to him by the local authority, saying that the provisions of the 1977 Act protected him.
Held: The agreement was a licence excluded from protection by the . .
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