The defendant renewed his application for leave to appeal against sentence for burglary of a restaurant (30 months), but which involved disturbing a resident occupier. Held: The defendant had a serious record of dishonesty, and this offence took place whilst he was serving community service. The sentence was correct. Leave refused. Citations: [1997] EWCA Crim … Continue reading Regina v Graham: CACD 31 Oct 1997
Judges: Behrens HHJ Citations: [2016] EW Misc B13 (CC) Links: Bailii Statutes: Occupiers Liability Act 1957 Jurisdiction: England and Wales Personal Injury Updated: 11 October 2022; Ref: scu.565800
Judges: Mrs Justice Ellenbogen Citations: [2022] EWHC 2418 (KB) Links: Bailii Statutes: Occupiers Liability Act 1957 Jurisdiction: England and Wales Personal Injury Updated: 11 October 2022; Ref: scu.681404
The 384th section of the Glasgow Police Act 1866 empowers the Master of Works to call upon ‘any proprietor or occupier of a land or heritage to fence the same, or repair any chimney-stalk, . . or any rhone, sign-board, or other thing connected with or appertaining to any building thereon, which appears to be … Continue reading Kerr, Anderson, and Co v Lang: HL 26 Feb 1878
The court was asked as to claims arising from the continued detention of the appellants following the expiry of the ‘minimum terms’ or ‘tariff periods’ of their indeterminate terms of imprisonment. The appellant prisoners said that the respondent’s failure to provide rehabilitation courses meant that they could not earn release. The lower court had rejected … Continue reading Kaiyam, Regina (on The Application of) v The Secretary of State for Justice: CA 9 Dec 2013
The claimant, who owned a holiday mobile home on the respondent’s site challenged the raising of site fees, saying that the contract was unfair. Previously all site fees were equal within the site, but the respondent had introduced a scheme which reflected the differing grades of pitches. The judge had rejected her argument that the … Continue reading Du Plessis v Fontgary Leisure Parks Ltd: CA 2 Apr 2012
Outer House – Opinion – In May 2004 an explosion at the defenders factory caused nine deaths. A pipeline carrying LPG gas had not been assessed for risks. Morrison owned neighbouring premises which were damaged. They began an action for damages. The defenders said that the claim was out of time, but the claimants said … Continue reading David T Morrison and Co Ltd v ICL Plastics Ltd and Others: SCS 9 Mar 2012
The tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit of the site and was recoverable under the … Continue reading Walker v Badcock: CA 24 Jun 1997
The council appealed against an award by the adjudicator of title by adverse possession in favour of the respondents. Held: The appeal succeeded. On any sensible analysis from the Council’s perspective, the Caunters were entitled to remain in possession of the land until such time as it chose to communicate with them to revoke it, … Continue reading Totton and Eling Town Council v Caunter and Another: ChD 11 Jun 2008
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The claimant sought possession of land occupied by the defendant nomadic people. Part of the land only had been occupied by the defendants. Held: An order for possession could be granted not only of the land occupied, but also the remainder of the land. The Court of Appeal ordered that the Secretary of State ‘do … Continue reading Secretary of State for the Environment Food and Rural Affairs v Meier and others: CA 31 Jul 2008
The defendant, operator of a holiday park, appealed against a finding of liability for the accident causing the claimant’s injury. The claimant, in a wheelchair, had ascended one part of the room by a ramp, but then tried to return to the lower level mistakenly believing a further ramp existed. It did not and she … Continue reading Clark v Bourne Leisure Ltd: CA 30 Jun 2011
The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 Act at two thirds only of the rate it paid in fostering allowance. Held: The policy was a substantial and insufficiently justified departure from the appropriate guidance, and was unlawful. Judges: Langan QC HHJ Citations: [2010] EWHC … Continue reading Barrett v Kirklees Metropolitan Council: Admn 12 Mar 2010
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
Where a bill was brought for the customary tithes of oysters, alleging the customary payment to be to the owners and occupiers of boats employed in the fishery, and usually moored within the parish, Held, that it was not necessary to make the dredgers for the oysters, who had no interest in the boats, but … Continue reading Perrott v Bryant And Another: 5 May 1836
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The court considered liability after serious injury was suffered by a professional jockey during a steeplechase. His horse threw him after landing and he collided with a guard rail. He now appealed against dismissal of his claim. Held: His appeal succeeded: ‘it is not enough for a defendant, where Regulations apply, simply to comply with … Continue reading Hide v The Steeplechase Company (Cheltenham) Ltd and Others: CA 22 May 2013
Appeal from case management decision refusing adjournment – successful. Citations: [2005] EWCA Civ 1570 Links: Bailii Statutes:
The defendant was accused of burglary. On discovery by the householder, he resisted detention. The magistrates took that as violence in the course of the burglary, and sent the case to the Crown Court. Held: The force used by the occupier was lawful, and the resistance was part and parcel of the burglary for the … Continue reading Regina v McGrath: CACD 30 Jun 2003
Whether the UK Statistics Authority (‘UKSA’) has acted unlawfully by deciding that the United Kingdom General Index of Retail Prices (‘the RPI’) will in future import the methodology and data sources of the Consumer Prices Index including owner occupiers’ housing costs Judges: The Hon Mr Justice Holgate Citations: [2022] EWHC 2265 (Admin) Links: Bailii, Judiciary … Continue reading BT Pension Scheme Trustees Ltd and Others, Regina (on The Application of) v UK Statistics Authority and Another: Admn 1 Sep 2022
Access to the river Thames via the plaintiff’s wharf was obstructed and this was sufficient to give rise to a successful action in private nuisance. A riparian owner has a private law right to gain access to its frontage by boat. Riparian rights do not depend on ownership of the soil of a stream; they … Continue reading Lyon v Fishmongers’ Co: HL 1876
Morton LJ criticised an application to vary an undertaking given to it: ‘ . . the court does not vary an undertaking given by a litigant. If the litigant has given an undertaking and desires to be released from that undertaking, the application should be an application for release . . Litigants are not ordered … Continue reading Cutler v Wandsworth Stadium Ltd: CA 1945
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
Possessory title of registered land – necessary intention on the part of the occupier – what amounts to adverse possession under paragraph 1 of Schedule 6 to the Land Registration Act 2002 – effect of a failure by the paper owner to require an application to be dealt with under paragraph 5 of Schedule 6 … Continue reading Robert Henry Merrifield v Wilfred Swan (Personal Representative of Matthew William Carter Swan) (Adverse Possession): LRA 13 Oct 2006
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
The claimants were residents of care homes. The homes were owned by charitable companies providing housing and support for persons with mental disorders. The company’s had altered the agreements so that the claimants became assured tenants. The claimants appealed the refusal of the respondents to de-register the homes. Held: The appeals were dismissed. The crucial … Continue reading Moore and others v Care Standards Tribunal and Another: CA 24 May 2005
The Act required the occupier of a licensed racetrack to take all steps necessary to secure that, so long as a totalisator was being lawfully operated on the track, there was available for bookmakers space on the track where they could conveniently carry on bookmaking in connection with dog races run on the track on … Continue reading Cutler v Wandsworth Stadium Ltd: HL 1949
The claimant appealed refusal of its claim for possession against the respondents, occupiers of single-storey wooden bungalows on its land. The leases had expired. The defendants said the structures were their own, and not subject to the lease, and an order would infringe their human rights. They also claimed an estoppel based on reassurances given … Continue reading Keelwalk Properties Ltd v Betty Waller and Another: CA 30 Jul 2002
The defendants used land for an unauthorised ‘acid party’ which caused substantial inconvenience and disruption to neighbours. The defendant denied that he had had the requisite knowledge to be criminally liable. Held: This was capable of amounting to the crime of public nuisance. An act of public nuisance can give rise to both civil (through … Continue reading Regina v Shorrock: CACD 1993
The House was asked whether the county council, which owned and maintained a park under a power accorded by a local Act of Parliament, were in rateable occupation of it. Held: Lord Halsbury said that: ‘there is no possibility of beneficial occupation to the county council; they are incapable by law of using it for … Continue reading Lambeth Overseers v London County Council: HL 1897
The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant … Continue reading Blench v Director of Public Prosecutions: Admn 5 Nov 2004
LT BLIGHT NOTICE – preliminary issue – house – whether claimant company has a qualifying interest – meaning of owner-occupier – counter-notice of respondent upheld – Town and Country Planning Act 1990 section 168. Judges: A J Trott FRICS Citations: [2008] EWLands BNO – 205 – 2006 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Aardvark Sre Ltd v Sedgefield Borough Council: LT 5 Feb 2008
The Council appealed against a finding of liability under the 1957 Act after the claimant was injured after jumping over a fence to flee hving to pay a taxi, and falling down a steep slope onto a car park. The land had been licenced to the supermarket, but had reverted. The land appeared to have … Continue reading Harvey v Plymouth City Council: CA 29 Jul 2010
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, he was entitled to be found not guilty. … Continue reading Regina v Kimber: CACD 1983
The employee occupied the property under a licence granted by his employer for the better performance of his employment duties. At first he had been taken on as a semi-skilled mechanic, but he was later offered occupation of the employer’s bungalow so that he would be readily available as a coach driver after obtaining a … Continue reading Norris (t/a J Davis and Son) v Checksfield: CA 17 Apr 1991
Tenants challenging power of freeholders to impose parking regulations on occupiers of development. The landlord appealed. Held: ‘the regulations in the present case – which limited the right to park to the parking of one vehicle at a time – were proper regulations to make. They were regulations which can be seen as necessary if … Continue reading Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006
The defendant appealed against his conviction for harassment. He was said to have used an imitation firearm to put a person in fear of violence. The prosecution had used texts received to the defendant’s mobile phone as ‘bad character’ evidence. The judge had ruled that they were not statements and therefore not hearsay and were … Continue reading Regina v Chrysostomou: CACD 24 Jun 2010
Rating – Valuation- rateable value of museums – socio-economic value – value to the occupier Citations: [2022] UKUT 206 (LC) Links: Bailii Jurisdiction: England and Wales Rating Updated: 19 August 2022; Ref: scu.680158
There had been a dispute as to the correct boundary between two properties in North Yorkshire. The land had been in common ownership until 1973. The 1973 conveyance showed the boundary in a position which the claimants said was determinative. The defendants said that the position of the boundary was different and was along the … Continue reading Stephenson and Another v Johnson and Another: CA 12 Jul 2000
The claimant appealed after losing her claim for damages for personal injuries after tripping on a footpath maintained by the defendant. Judges: Smith, Ward LJJ, Briggs J Citations: [2010] EWCA Civ 409 Links: Bailii Statutes: Occupiers Liability Act 1957 Jurisdiction: England and Wales Personal Injury Updated: 17 August 2022; Ref: scu.408777
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
The judge had ruled that the evidence intended to be offered could not create offences within the 1977 Act. Verdicts of not guilty were entered. The decision was a terminating ruling. The prosecutor failed to give the appropriate section 58 undertaking on appealing. Held: Attending to the purpose of the 2003 Act, the prosecutor’s mistake … Continue reading H, Regina v: CACD 13 Feb 2008
Under the Act ‘the Recorder is given a wide discretion by the agreement. The width and unstructured nature of the discretion may seem surprising in relation to an issue as important to residents, and as potentially contentious, as that of pitch fees.’ Judges: Lord Justice Gage Lord Justice Carnwath Citations: [2006] EWCA Civ 283 Links: … Continue reading Warfield Park Homes Ltd v Warfield Park Residents Association: CA 27 Mar 2006
The claimant sought damages in nuisance and negligence saying that in constructing a new housing estate, they had altered the land in such a way as to lead to the repeated flooding of their home. Held: Both the developer and the council were liable. It had been intended to provide a drainage gully. The first … Continue reading Lambert and Others v Barratt Homes Ltd (Manchester Division) and Another: QBD 17 Feb 2009
The plaintiff was the tenant of a flat in a block of flats owned by the defendant. When the flat immediately above the plaintiff’s flat became vacant, she requested the defendant to board it up so as to secure it against intruders. The defendant took no effective steps to secure the upper flat and on … Continue reading King v Liverpool City Council: CA 1986
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The defendant had instructed independent contractors to remove a large tree in his garden. When they did so, the plaintiff was injured when the car he was in was fouled in a wire brought down by the tree. The defendant householder appealed against a finding of liability saying that he should not be held responsible … Continue reading Salsbury v Woodland: CA 1970
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no relation to the loss suffered by the tenant. Held: ‘I accept that the … Continue reading Tagro v Cafanec: CA 1991
The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant … Continue reading Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009
The parties entered into an agreement. The plaintiff said it was not a tenancy, but a licence since it had retained substantial control over the premises by its ability to regulate the way the occupier conducted his business. Held: The agreement was a licence and not a tenancy because of extensive rights of control which … Continue reading Esso Petroleum Co Ltd v Fumegrange Ltd: CA 1994
The agreement to let land purported to be a licence. The land-owner granted the use of storage space, but reserved the right to require the licensee to move to other premises as he chose. Held: The right to change the area of land occupied was inconsistent with a tenancy, since no exclusive possession was surrendered … Continue reading Dresden Estates Ltd v Collinson: CA 1987
Griffiths LJ discussed the bringing of cases for possession under the summary procedure provided by Order 113: ‘There will obviously be cases in which, although proceedings are started by way of a summary procedure it quickly becomes apparent that a substantial issue has to be tried. If it was apparent to the applicant that a … Continue reading Henderson v Law: CA 1985
The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971
Land next to the canal was used for the deposit of refuse by trespassers. The mound spread until, for a fee, it was dumped also across the canal. It caught fire, and the fire spread toward the canal. By agreement the parties got together to put out the fire, and now sought to allocate the … Continue reading Job Edwards Ltd v Birmingham Navigations Proprietors: CA 1924
The tenant disputed whether he had surrendered the property in the lease. Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates when the tenant is a party to a transaction that is inconsistent with the continuation of … Continue reading Tarjomani v Panther Securities Ltd: CA 1983
The defendant sought to set aside service of a claim outside the jurisdiction, saying that no good and arguable case had been made out that he was domiciled in the UK. The bank said that he owned a house in London. Held: Although domicile is defined in terms of ‘residence’, this concept must be construed … Continue reading Dubai Bank Ltd v Abbas and Another: CA 17 Jul 1996
The court considered the status in law of ‘demoted tenants’, those who had been secure social housing tenants, but who had only limited security after being found to have behaved anti-socially. The tenant had been refused an opportunity by the county court judge to challenge the conclusions as to fact found by the local authority. … Continue reading Manchester City Council v Pinnock: CA 31 Jul 2009
The court held the appellant Ministry liable for a soldier’s injuries incurred when jumping from a high bridge. A senior officer had earlier ‘assumed responsibility to prevent the junior soldiers from taking undue risks of which he was or ought to have been aware’. Sir Anthony May pointed out that the senior officer had been … Continue reading Ministry of Defence v Radclyffe: CA 30 Jun 2009
The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was challenged on the basis that this would be an unlawful … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987
A point was raised for the first time on appeal. Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where the other party had had an opportunity of meeting … Continue reading Pittalis v Grant: CA 1989
Judges: Lord Johnston and Lord Osborne and Lord Weir Citations: [2003] ScotCS 145 Links: Bailii Jurisdiction: Scotland Citing: Cited – Street v Mountford HL 6-Mar-1985 When a licence is really a tenancyThe document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had … Continue reading Ali v Khosla and Khosla and others: IHCS 16 May 2003
The applicant asserted that the delays in the reviews, undertaken by the Parole Board, of his continued detention as a discretionary life prisoner, was a breach of his right to a speedy decision. The delays were between 21 and 24 months. Such delays were unacceptable. The article required not only a speedy conclusion, but, where … Continue reading Hirst v United Kingdom: ECHR 24 Jul 2001
The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. Judges: Coulson J Citations: [2009] EWHC 493 (TCC) Links: Bailii Statutes: The Housing Grants (Construction and Regeneration) Act 1996 106 Jurisdiction: England and Wales … Continue reading Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
The appellant sought damages in respect of injuries suffered by his son who received a severe electrical shock, climbing on a booster transformer on premises occupied by the respondents. The First Division had held that the respondents were not liable and granted decree of absolvitor. Held: The father’s appeal failed. The 1960 Act abolishes the … Continue reading M’Glone v British Railways Board: HL 27 Oct 1965
The pursuer sought damages after his cafe was burned in a fire which started in a neighbouring insecure abandoned building owned by the defenders. Held: The defendant was held not liable to adjoining occupiers for a fire started by vandals in its disused premises. The question was whether or not the occurrence of such behaviour … Continue reading Maloco v Littlewoods; Smith v Litlewoods: HL 5 Feb 1987
The claimant sued as widow and administratix of her deceased firefighter’s estate. He had died a fire in a building occupied by the respondent. Held: Her appeal failed: ‘the respondents, as occupier of those premises, owed no duty to firemen such as the appellant’s deceased husband who entered the premises for the purpose of fighting … Continue reading Bermingham v Sher Bros: HL 31 Jan 1980
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act. Held: However unattractive the point made by … Continue reading Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007
The court looked at what makes a case decided per incuriam: ‘a case is not decided per incuriam because counsel have not cited all the relevant authorities or referred to this or that rule of court or statutory provision.’ (Lord Denning MR) Judges: Lord Denning MR Citations: [1975] QB 487 Jurisdiction: England and Wales Citing: … Continue reading Miliangos v George Frank (Textiles) Ltd: CA 1975
The court considered the nature of a tenancy created by the local authority when satisfying its duty to provide temporary accomodation pending a homelessness assessment. The agreement was described as a tenancy, and held to be one. Citations: [1985] 1 WLR 525 Jurisdiction: England and Wales Cited by: Cited – Desnousse v London Borough of … Continue reading Eastleigh Borough Council v Walsh: 1985
Ralph Gibson LJ said: ‘The defendants . . have no private law right to remain in occupation of the temporary premises let to them. Their private law right is to the accommodation which the council has, in the exercise of its discretion, judged to be suitable accommodation.’ Judges: Ralph Gibson LJ Citations: (1992) 25 HLR … Continue reading London Borough of Hackney v Lambourne: 1992
The claimant was injured playing football with his son while playing football at a caravan park owned by the defendant. He appealed dismissal of his claim. They had been using goal posts which collapsed on him injuring his face. It had not been anchored as required by the manufacturer. Held: The appeal was allowed. The … Continue reading Hall v Holker Estate Co Ltd: CA 17 Dec 2008
Citations: 37341/06, [2008] ECHR 1193, [2011] HLR 13 Links: Bailii Statutes: European Convention on Human Rights Citing: Welcomed – Doherty and others v Birmingham City Council HL 30-Jul-2008 The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been … Continue reading Kay And Others v United Kingdom: ECHR 17 Oct 2008
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by seeking to distract the fish and to dissuade the anglers from catching them. No violence … Continue reading Regina v Nicol and Selvanayagam: QBD 10 Nov 1995
The court discussed the distinction between the liability of an occupier for the dangerous condition of his premises and the liability of an occupier in relation to dangerous activities carried out on his premises. Denning LJ said: ‘In this case . . it does not matter whether the plaintiff was an invitee or a licensee. … Continue reading Dunster v Abbott: CA 1953
A leisure centre appealed a finding of liability under the 1957 Act after a customer slipped on water by a jacuzzi and injured herself, saying that the judge imposed too high a duty of care. Held: The appeal succeeded. ‘If the claimant can prove facts which support the inference that the defendant was at fault, … Continue reading Tedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa): CA 7 May 2008
The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all risk and might give a false sense of security. Held: It was not sustainable to say that the … Continue reading Portsmouth Youth Activities Committee (A Charity) v Poppleton: CA 12 Jun 2008
The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site. Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore to be deposited, caravans, mobile homes or other forms of residential accommodation to be stationed, or existing caravans or … Continue reading South Cambridgeshire District Council v Persons Unknown: CA 17 Sep 2004
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016
The Council appealed against declarations given that the respondent tenants (wildlife rangers) were entitled to purchase the freehold of their homes under right-to-buy. The Council said that the tenancies were occupied in connection with their employments. Held: Richards LJ said: the provision is to be construed as laying down two distinct conditions: first, that ‘his … Continue reading Wragg and others v Surrey County Council: CA 1 Feb 2008
The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been … Continue reading Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied that the fault pre-dated the lease, and that the … Continue reading Jackson v J H Watson Property Investment Ltd: QBD 7 Jan 2008
The claimant had been injured falling on land owned by the defendant. The had gone down what he must have known was not a path and fallen over a cliff. He appealed dismissal of his claim. Held: Any notice would only have warned of the obvious difficulty and danger. The land owners were not in … Continue reading Cotton v Derbyshire Dales District Council: CA 10 Jun 1994
The defendants appealed an order requiring them to leave caravan pitches managed by the council. Held: The court referred to the absence of procedural safeguards to which, in view of their vulnerable position, gipsies were entitled. Citations: [2007] EWCA Civ 1318, [2008] 1 WLR 661 Links: Bailii Statutes: Caravan Sites Act 1968 4 Jurisdiction: England … Continue reading Smith (on Behalf of the Gypsy Council) v Buckland: CA 12 Dec 2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered. Held: The lease had been surrendered by a deed. The defects in notice alleged did not affect the result. The bank’s claim under estoppel was made out. Judges: John Randall … Continue reading Hardy and others v Fowle and Another: ChD 26 Oct 2007
The court considered whether a private club was a public place. The defendants were charged with making an affray in a public place. The events had taken place in a member’s club. The practice at the club was that people were signed in without being known either to the doorman or the owner. On the … Continue reading Regina v Kane: 1965
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue living there notwithstanding the continuing commission of the offence. Held: The appeal failed. The statutory guidance correctly … Continue reading Harouki v Royal Borough of Kensington and Chelsea: CA 17 Oct 2007
A consumer has no grounds for complaining about the construction adjudication process per se under the Regulations Judges: HH Judge Thornton QC Citations: [2007] EWHC 1174 (TCC), [2007] BLR 348 Links: Bailii Statutes: Unfair Terms in Consumer Contracts Regulations Jurisdiction: England and Wales Citing: Cited – Lovell Projects Ltd v Legg and Carver 2003 The … Continue reading Domsalla (T/A Domsalla Building Services) v Dyason: TCC 4 May 2007
The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction. Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the … Continue reading Polar Park Enterprises v Allason: ChD 18 Apr 2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The defendants appealed an order refusing title by adverse possession to registered land. They denied that the limitation period had been restarted by their solicitor’s letter acknowledging the title. Held: The letter must be read as a whole. As such it was an admission of title. The requirement that the possession be adverse requires only … Continue reading Allen v Matthews: CA 13 Mar 2007
The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies. Held: The stop-notice regime was not discriminatory. A government was given a … Continue reading Wilson, Regina (on the Application of) v Wychavon District Council and Another: CA 6 Feb 2007
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed by Article 8 of the Convention. The aim itself … Continue reading S v United Kingdom: ECHR 1986
The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed. Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. … Continue reading EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006
