Search Results for: Occupiers

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Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

Titchener v British Railways Board: HL 24 Nov 1983

A 15 year old was hit by a train as she crossed a railway line. She said the defender had not maintained a fence separating the street from the railway. The defenders knew that people went through the gaps walked across. She had crossed several times, knowing the danger and had looked out, but not … Continue reading Titchener v British Railways Board: HL 24 Nov 1983

Batsford Estates (1983) Company Ltd v Taylor and Another: CA 29 Apr 2005

The company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years. Held: After serving a notice to quit the owner did not take any further steps to obtain possession, even after … Continue reading Batsford Estates (1983) Company Ltd v Taylor and Another: CA 29 Apr 2005

H M Attorney General v Hyde and others: ChD 5 Dec 2001

Land had been acquired by the trustees’ predecessors under the 1882 Act. The question was now whether it was subject to charitable trusts. Money having been received from the acquisition of the rights, a meeting had been held to determine the trusts upon which it was to be held. The express trusts were for the … Continue reading H M Attorney General v Hyde and others: ChD 5 Dec 2001

Edinburgh and District Water Trustees v Clippens Oil Co Ltd: HL 7 Dec 1903

By an Act of 1819 ‘for more effectually supplying the city of Edinburgh and places adjacent with water,’ the Edinburgh Joint Stock Water Company were empowered to ‘lay the necessary pipe or pipes for that purpose . . making satisfaction to the owners and occupiers of the ground.’ Among the lands scheduled were the lands … Continue reading Edinburgh and District Water Trustees v Clippens Oil Co Ltd: HL 7 Dec 1903

Boyland and Son Ltd v Rand and Others: CA 20 Dec 2006

The defendant squatters sought leave to appeal an order for immediate possession. Held: (As citeable authority) MacPhail remained good law despite the passing of the 1980 Act, and an order for immediate possession was correct. Judges: Lord Justice Ward and Lord Justice Neuberger Citations: Times 18-Jan-2007 Statutes: Housing Act 1980 89 Jurisdiction: England and Wales … Continue reading Boyland and Son Ltd v Rand and Others: CA 20 Dec 2006

Blecic v Croatia: ECHR 29 Jul 2004

The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004

Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

Drury v Secretary of State for Environment, Food and Rural Affairs: CA 26 Feb 2004

Trespassers occupied part of the land owned by the claimant. They now appealed agaainst an injunction preventing them unlawfully occupying any part of the claimant’s land including areas not previously occupied. Held: It was critical to determine just what land was to be protected by the proposed order. The action was in rem and would … Continue reading Drury v Secretary of State for Environment, Food and Rural Affairs: CA 26 Feb 2004

Ferguson v Welsh: HL 29 Oct 1987

The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. One of the brothers employed the plaintiff, Mr Ferguson, to help them, and Mr Ferguson was injured … Continue reading Ferguson v Welsh: HL 29 Oct 1987

British Credit Trust Holdings v UK Insurance Limited: QBD 24 Oct 2003

The claimant was permitted to amend the particulars of claim in an insurance dispute in order to seek declaratory relief in respect of insurance claims arising after the proceedings had started. Held: The lease had been surrendered by a deed. Judges: The Honourable Mr Justice Morison Citations: [2003] EWHC 2404 (Comm) Links: Bailii Jurisdiction: England … Continue reading British Credit Trust Holdings v UK Insurance Limited: QBD 24 Oct 2003

Di Palma v United Kingdom: ECHR 1 Dec 1986

(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986

Parker v Parker: ChD 24 Jul 2003

Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003

Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

Richard Vowles v David Evans, and The Welsh Rugby Union Limited: CA 11 Mar 2003

The claimant had been injured in a rugby match, and had recovered damages from the referee, who now appealed. Held: The relationship was proximate, and the injury reasonably forseeable, and if the referee failed to exercise reasonable care, liability could follow. The referee accepted a role of enforcing rules to minimise danger in a dangerous … Continue reading Richard Vowles v David Evans, and The Welsh Rugby Union Limited: CA 11 Mar 2003

Beaton v Devon County Council: CA 31 Oct 2002

The respondent provided a cycle way. As it passed through a tunnel, there were drainage gullies at the side. The claimant stepped off her cycle, and hurt her foot in the gully. The tunnel was well lit, and no previous complaints had been made. The authority appealed a finding of negligence. Held: The finding that … Continue reading Beaton v Devon County Council: CA 31 Oct 2002

Gwilliam v West Hertfordshire Hospitals NHS Trust and Others: CA 24 Jul 2002

The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its grounds to raise funds. Held: The hospital was liable under the Act. A splat … Continue reading Gwilliam v West Hertfordshire Hospitals NHS Trust and Others: CA 24 Jul 2002

Maridive and Oil Services (SAE) and Another v CNA Insurance Company (Europe) Ltd: CA 25 Mar 2002

The Civil Procedure Rules have allowed the Courts to accept an amendment to introduce a cause of action arising out of facts occurring subsequent to the commencement of the proceedings. There is no absolute rule of law or practice which precludes an amendment to rely on a cause of action which accrued only after the … Continue reading Maridive and Oil Services (SAE) and Another v CNA Insurance Company (Europe) Ltd: CA 25 Mar 2002

Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002

Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002

Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci: CA 11 Dec 2001

Where a claimant suffered mesothelioma, contracted whilst working with asbestos, but the disease may have been contracted from inhalation at different times, and with different employers, his claim must fail since it was not possible to identify which employer was in fact responsible so as to allow the court to apportion liability. The disease arose … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci: CA 11 Dec 2001

McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001

The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights. Held: Review was refused. The probationary regime was intended to protect other tenants and the local authority from … Continue reading McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001

Buckley v The United Kingdom: ECHR 25 Sep 1996

The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by … Continue reading Buckley v The United Kingdom: ECHR 25 Sep 1996

Elitestone Ltd v Morris and Another: HL 1 May 1997

The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997

Tomlinson v Congleton Borough Council and Cheshire County Council: CA 18 Jun 2001

The appellant sought leave to appeal against an order dismissing his claim for damages. He had been injured swimming in water on the defendant’s land. The defendant asserted that they had no duty of care to those who came onto the land and imperiled themselves. Held: New evidence showed that the defendant was aware of … Continue reading Tomlinson v Congleton Borough Council and Cheshire County Council: CA 18 Jun 2001

Kent County Council v Ashford Borough Council and others: CA 28 Jul 1999

The governors of a voluntary controlled school were not the ratable occupiers of it, but rather the local education authority were. The devolution of a limited range of financial responsibility by the Education Act 1996 did not transfer the occupation or control of the schools. Judges: Roch, Sedley LJJ, Lord Lloyd of Berwick Citations: Gazette … Continue reading Kent County Council v Ashford Borough Council and others: CA 28 Jul 1999

Timothy Ellis v London Borough of Lambeth: CA 9 Jul 1999

A squatter claiming possession of land as against a local authority should not have his claim defeated because he had not completed a form which would lead to payment of community charge to the authority. His possession was not thereby made secret, and nor did he represent that nobody was in occupation of the property. … Continue reading Timothy Ellis v London Borough of Lambeth: CA 9 Jul 1999

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

Simon v Islington Borough Council: CA 1943

A cyclist was killed because of the dangerous condition of an abandoned tramway. A rail and the adjoining stone setts were not level with each other. The London Passenger Transport Board had given the highway authority the notice required by statute to the highway authority of their proposal to abandon a tramway. The highway authority … Continue reading Simon v Islington Borough Council: CA 1943

Wandsworth London Borough Council v Winder: HL 1985

Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985

Cobstone Investments Limited v Maxim: CA 1985

The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean … Continue reading Cobstone Investments Limited v Maxim: CA 1985

Aylett v O’ Hara (Valuation Officer): UTLC 19 Oct 2011

UTLC RATING – rateable property – domestic premises – riverside garden with summer-house – remote from occupiers’ dwellings Local Government Finance Act 1988 s 66(1)(a), (b) and (d) – held no part of the property fell within any of these paras – appeal dismissed. Citations: [2011] UKUT 418 (LC) Links: Bailii Jurisdiction: England and Wales … Continue reading Aylett v O’ Hara (Valuation Officer): UTLC 19 Oct 2011

Peskett v Portsmouth City Council: CA 25 Jun 2002

The defendant had land across which a path ran. It had a right angled turn, and users cutting across wore away the land causing a dip, where the claimant tripped and fell. She claimed damages. The council accepted that the short cut was regularly taken, but said there had been no previous incidents or complaints, … Continue reading Peskett v Portsmouth City Council: CA 25 Jun 2002

Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

Mitchell v North British Rubber Co Ltd: 1945

The court considered the meaning of the term ‘dangerous’ in the Act. Lord Justice Clerk Cooper: ‘The question is not whether the occupiers of the factory knew that it was dangerous; nor whether a factory inspector had so reported; nor whether previous accidents had occurred; nor whether the victims of these accidents had, or had … Continue reading Mitchell v North British Rubber Co Ltd: 1945

Regina v Huntingdon District Council, Ex parte Cowan: QBD 1984

The plaintiff sought judicial review of a refusal of a local authority to grant a liquor licence and a music and dancing licence. Review was sought despite a right of appeal to the Magistrates Court. Held: If other means of redress are conveniently and effectively available to a party they ought ordinarily to be used … Continue reading Regina v Huntingdon District Council, Ex parte Cowan: QBD 1984

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

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

Page Motors v Epsom Borough Council: CA 9 Jul 1981

The plaintiffs were lessees of land neighbouring that of the Council. Over several years the council’s land had been occupied by gypsies who, it was said had damaged the plaintiff’s business. Though the Council had obtained a possession order in 1975, it had not enforced it for fear that the gypsies would, without alternative sites, … Continue reading Page Motors v Epsom Borough Council: CA 9 Jul 1981

Winfat Enterprise (Hong Kong) Co Ltd v Attorney-General of Hong Kong: PC 1985

The power to make laws for ‘peace, order and good government’ was widely recognised. Section 15 of New Territories Land Court Ordinance 1900 provided: ‘All land in the New Territories is hereby declared to be the property of the Crown . . ‘. It deemed the occupiers to be trespassers unless their occupation was authorised … Continue reading Winfat Enterprise (Hong Kong) Co Ltd v Attorney-General of Hong Kong: PC 1985

Metropolitan Board of Works v McCarthy: HL 1874

Compensation was awarded to the owner of a warehouse near Blackfriars because the construction of the Victoria Embankment cut off his access across the public highway to a dock on the river. Lord Cairns LC quoted Thesiger QC as saying: ‘Where by the construction of works there is a physical interference with any right, public … Continue reading Metropolitan Board of Works v McCarthy: HL 1874

West Wiltshire District Council v Snelgrove and Snelgrove: Admn 17 Mar 1997

The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the day after the owners returned to find the house damaged and in … Continue reading West Wiltshire District Council v Snelgrove and Snelgrove: Admn 17 Mar 1997

Blackpool Borough Council v Secretary of State for the Environment: CA 1900

A house had been used by the owner as a second home for holidays by himself and his family, by members of his office staff, and by ‘family groups’ who paid rent. There were lettings at a rent for 10 out of 18 weeks in the four month holiday season; for the remainder of the … Continue reading Blackpool Borough Council v Secretary of State for the Environment: CA 1900

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

The King v The Undertakers of The Aire and Calder Navigation: 1829

An Act of Parliament of the 9 and 10 W 3 gave to certain undertakers authority to make navigable the river Aire, and for that purpose to cleanse and scour the same, arid dig and cut the banks. By a subsequent Act, reciting that the legal estate and interest in the navigation of the said … Continue reading The King v The Undertakers of The Aire and Calder Navigation: 1829

Tomlinson v Congleton Borough Council and Another: CA 14 Mar 2002

The claimant was injured swimming in a lake in a park. Warning signs clearly indicated that the lake was dangerous for swimming. Held: The authority were liable. They knew that the lake was attractive to swimmers, and that the signs were ineffective, but had not yet carried out landscaping works to deter swimmers. Under the … Continue reading Tomlinson v Congleton Borough Council and Another: CA 14 Mar 2002

Habermann v Koehler and Another (No 2): CA 22 Nov 2000

A house owner allowed occupiers in and gave a informal option for them to buy it. He later charged it and sold the property to the chargee in satisfaction of the debt. Before buying it the mortgagee enquired of the occupiers as to whether they intended to purchase the property, and their reply did not … Continue reading Habermann v Koehler and Another (No 2): CA 22 Nov 2000

Pearson Education Ltd v Charter Partnership Ltd: CA 21 Feb 2007

The claimants were lessees of a building n which they stored their stock of unique historical books. The books were damaged beyond repair when the premises were flooded. They now sought damages from the building’s architects. The drainage system was inadequate. The inadequacy was known of because of a previous flood. The architects admitted that … Continue reading Pearson Education Ltd v Charter Partnership Ltd: CA 21 Feb 2007

Lewis v Six Continents Plc: CA 2006

The claimant was injured after falling from a sash window in the defendant’s hotel. He appeal against refusal of his claim. Held: The appeal failed. The claimant’s argument, if followed to its conclusion, would result in every window having to be adapted to prevent someone falling from it. Judges: Ward LJ Citations: Times 20-Jan-2006 Statutes:

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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

Westminster City Council v Mendoza: CA 22 Mar 2001

When a local authority served notice on the operator of a licensed sex establishment, of its intention to apply for a closure notice, but there were other occupiers of the premises, it was not necessary to serve notice on each of them, provided that the application came to their attention in such a way as … Continue reading Westminster City Council v Mendoza: CA 22 Mar 2001

Tooth v The Dean And Chapter Of Canterbury: 13 May 1829

The Dean and Chapter of C., being rectors of a parish, leased all the tithes belonging to the rectory. The lessees filed a bill for tithe of hops against the occupiers, to which the vicar was made a party as claiming that tithe. The occupiers then file a cross-bill against the dean and chapter and … Continue reading Tooth v The Dean And Chapter Of Canterbury: 13 May 1829

General Accident Fire and Life Assurance Corporation v Midland Bank: CA 1940

Three parties were named as the insured under a fire policy, a company occupying the insured premises, the freeholders of the premises and the bank who had a floating charge over the property of the occupiers. A question arose as to the nature of their respective interests. Held: Sir Wilfred Greene MR said: ‘That there … Continue reading General Accident Fire and Life Assurance Corporation v Midland Bank: CA 1940

Cotton v Derbyshire District Council: CA 20 Jun 1994

No notice warning of danger was necessary on a public right of way for an obviously dangerous cliff. The Court upheld the decision of the trial judge dismissing the plaintiff’s claim for damages for serious injuries sustained from falling off a cliff. Applying Glasgow Corporation v Taylor the Court held that the occupiers were under … Continue reading Cotton v Derbyshire District Council: CA 20 Jun 1994

Smith v Seghill Overseers: 1875

The colliery owned 346 cottages which it kept for occupation by the colliers according to the discretion of the owners, who generall gave preference to married workers. A collier who was married but for whom a cottage could not be found was provided with an additional allowance for rent for alternative accomodation. It was not … Continue reading Smith v Seghill Overseers: 1875

Swain v Puri: CA 1996

The expression ‘reasonable grounds to believe’ meant actual knowledge or ‘shut-eye’ knowledge of the actual risk of injury to a child trespasser, or of primary facts that the court considers provides reasonable grounds for believing that the risk exists. Citations: [1996] PIQR 442 Statutes:

Holloway v Egham: 1908

There will inevitably be a certain amount of user by persons other than the owner or occupiers of property within the estate e.g. officials and tradesmen. Judges: Neville J Citations: 1908 72 JP 433 Jurisdiction: England and Wales Land Updated: 29 April 2022; Ref: scu.194816

Regina v Wandsworth County Court ex parte Wandsworth London Borough Council: 1975

Where the court grants a writ of possession requiring the bailiff to put the claimant into possession of land, in principle, the bailiff will remove all those who are on the relevant land, irrespective of whether or not they were parties to the action. Citations: [1975] 1 WLR 1314 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Wandsworth County Court ex parte Wandsworth London Borough Council: 1975

Ministry of Agriculture, Fisheries and Food v Heyman and others: 1989

The respondent travellers were in wrongful occupation of an area of woodland owned by the appellant. The appellant sought an order for possession not only to that land but also for an area of woodland in its ownership two or three miles away. The appellant argued that there was a danger that, upon eviction, the … Continue reading Ministry of Agriculture, Fisheries and Food v Heyman and others: 1989

University of Essex v Djemal and others: CA 1980

Students occupied the administrative office part of university premises. Following an order for possession of that part, they moved to a part known as Level Six. The university then sought an order for possession of the whole of its premises. Just prior to the hearing before the judge the students vacated Level Six but left … Continue reading University of Essex v Djemal and others: CA 1980

Khatun v United Kingdom: ECHR 1 Jul 1998

(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction had been made between those applicants with a proprietary interest in the land … Continue reading Khatun v United Kingdom: ECHR 1 Jul 1998

Ure v United Kingdom: ECHR 27 Nov 1996

The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the alleged interference with the applicant’s rights under the article was justified under paragraph … Continue reading Ure v United Kingdom: ECHR 27 Nov 1996

Read v Director of Public Prosecutions: Admn 20 Jun 1997

The defendant appealed against his conviction for being an occupier of premises used for smoking cannabis. The Appellant lived at the premises together with his common law wife and children as a family. On the facts the magistrates found that the nature, extent and degree of the Appellant’s possession was sufficient to find that he … Continue reading Read v Director of Public Prosecutions: Admn 20 Jun 1997

Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019

The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers. Held: The challenge succeeded. Judges: Martin Spencer Citations: [2019] EWHC 452 (Admin) Links: Bailii Statutes: Human Rights Act 1998 4, Immigration Act 2014 20-37, European Convention on Human Rights 8 14, Equality Act 2010 … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019

Greenock Harbour Trustees v Magistrates of Greenock: HL 4 Aug 1905

The Public Health (Scotland) Act 1897 in sec. 136 enacts-‘With respect to burghs subject to the provisions of the Burgh Police (Scotland) Act 1892, or having a local Act for police purposes, all charges and expenses incurred by or devolving on the local authority in executing this Act, . . and not recovered as hereinbefore … Continue reading Greenock Harbour Trustees v Magistrates of Greenock: HL 4 Aug 1905

Marquis of Linlithgow and Others v North British Railway Co: HL 22 Apr 1914

The Union Canal Act 1817, authorising the formation of a canal from Lothian Road near Edinburgh, to join the Forth and Clyde Navigation Canal near Falkirk, inter alia, enacts-Section 112-‘Provided always and be it further enacted that nothing herein contained shall extend to prejudice or affect the right of any owner or owners of any … Continue reading Marquis of Linlithgow and Others v North British Railway Co: HL 22 Apr 1914

Glasgow Corporation Order: HL 26 Mar 1912

This Order was promoted by the Corporation of Glasgow for a number of purposes. Its main objects were to get powers with regard to (1) tramways, (2) city improvements, (3) supply of gas, (4) amendment of the Glasgow Police Acts as to traffic, advertising, and trading in the streets, and (5) varying the incidence of … Continue reading Glasgow Corporation Order: HL 26 Mar 1912

Mitchell and Another v Glasgow City Council: HL 18 Feb 2009

(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009

Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992

That a Water Authority was digging a ditch was not a sufficient connection with the land to make them occupiers and capable of committing an offence as occupiers. The statutory provisions were toothless for ‘it needs only a moment to see that this regime is toothless, for it demands no more from the owner or … Continue reading Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992