EAT PRACTICE AND PROCEDURE – Striking-out/dismissal In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by the Respondent he submitted an ET1 alleging he had been laid off. By a judgment of Employment Judge Salter (‘the … Continue reading Foster v Bon Groundwork Ltd: EAT 17 Mar 2011
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
(Hong Kong) The buyer brought an action for damages for breach of a contract for the sale of goods. The measure of damages was the difference between the contract price and the market value of the goods at the relevant date. The evidence called at trial was all directed to the market value of the … Continue reading Tai Hing Cotton Mill Limited v Kamsing Knitting Factory (A Firm): PC 27 Jul 1977
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
When offering courses to distance learning students, the College offered materials for the courses. As part of the course this supply would be exempt, as books, the supply would be zero-rated, but the taxpayer would be able to reclaim its VAT inputs. Held: ‘There clearly was a separate supply of goods, namely the printed material … Continue reading College of Estate Management v Commissioners of Customs and Excise: CA 11 Aug 2004
The Claimant had relied on a number of causes of action in his ET claim, including an allegation of an automatically unfair health and safety dismissal contrary to s.100(1)(b) ERA 1996 for his having sought to undertake a workplace inspection in his capacity as a Safety Representative under the Safety Representatives and Safety Committees Regulations … Continue reading Markham v Asda Stores Ltd (Health and Safety): EAT 15 Aug 2019
The Society ran a mortgage rescue scheme, buying properties from borrowers unable to maintain mortgage repayments, and letting them back. As a co-operative, the former owners would become members. Because it was a mutual housing co-operative, the tenancy had no security beyond the 1977 Act. The appellant fell behind with her rent, but denied that … Continue reading Berrisford v Mexfield Housing Co- Operative Ltd: CA 15 Jul 2010
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
The Applicant AB, a lesbian woman aged 37, applied for contact to twin boys, E and F, aged 3. In making that application, she described herself as the boys’ ‘parent’; she ws so defined on the boys’ birth certificates. For the first 17 months of their lives, she fulfilled a parental role, as an integral … Continue reading AB v CD: FD 24 May 2013
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
EAT CONTRACT OF EMPLOYMENTThe Claimants were employed by the Prison Service. They were also officials of the Prison Officers Association (‘the Respondents’).The issue was whether the Employment Tribunal was entitled to hold that the Claimants were employees of the Prison Service as well as being at the same time employees of the Respondents. Held:The Employment … Continue reading Prison Officers Association and Others v Gough and Another: EAT 17 Dec 2009
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
Mr Betts appealed a refusal of accomodation by Eastliegh who had said he had no local connection, but had lived in Blaby. Held: Lord Justice Stephenson the chief housing officer ‘did fetter the council’s decision by a rigid application of the suggested definition of normal residence [in the Agreement on Procedures]’ and allowed his appeal. … Continue reading Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: CA 1983
The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who use it the facilities required for day-to-day private domestic existence. McCullough … Continue reading Gravesham Borough Council v Secretary of State for the Environment: QBD 1982
The Court of Appeal was not in general entitled to reverse the decision of the Administrative Court in the grant of discretionary interlocutory relief: ‘it is I think appropriate to remind your Lordships of the limited function of an appellate court in an appeal of this kind. An interlocutory injunction is a discretionary relief and … Continue reading Hadmor Productions Ltd v Hamilton: HL 1982
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The claimant had obtained a charging order to secure a judgment debt, but took no steps to enforce it for more than twelve years. The chargee denied that it could any longer be enforced, and also that the order carried interest when interest had not been mentioned. Held: A charging order impliedly includes a charge … Continue reading Ezekiel v Orakpo: ChD 4 Nov 1994
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
A party sought to enforce a notice exercising a right of pre-emption. The defendant purported to withdraw it. Held: An offer (once made) can be withdrawn at any time before it has been converted by acceptance into a binding contract. Mustill LJ said: ‘. . the test for an implied term is not whether it … Continue reading Tuck v Baker: CA 1992
The Court considered whether a tenancy was a ‘protected shorthold tenancy’ within the meaning of section 52 of the Housing Act 1980 and therefore excluded from the protection of the Rent Act 1977. Held: A power to forfeit within the minimum year tenancy for the bankruptcy of the tenant, was not to be taken to … Continue reading Paterson v Aggio: CA 1987
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building occupied by the defendant, and did pay such rent. The building was destroyed by … Continue reading Mark Rowlands v Berni Inns Ltd: CA 1985
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
The action was for arrears of rent. The evidence at trial was that the plaintiff granted a lease to the defendant at a rent of pounds 1200 and contracted that certain services in connection with the flat would be performed. The plaintiff sent the defendant two documents. One was a lease with the benefit of … Continue reading Alexander v Rayson: CA 1936
ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to protect the right of a bona fide purchaser and to ensure legal certainty. Held: Neither interest proposed was … Continue reading Zehentner v Austria: ECHR 16 Jul 2009
The court looked at how it should construe the Canada Steamship guidelines with regard to an exemption clause absolving one party of responsibility for negligence. There was a express reference to negligence by the words ‘save harmless and keep . . indemnified against all claims or demands whatsoever.’ Held: Buckley LJ said: ‘It is however … Continue reading Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973
By a transfer of 1990, land had become subject to a rentcharge to pay a sum of 1.00 pound per annum plus a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under the covenant. The 1977 Act disallowed any new rentcharges save as an estate rentcharge. Held: Where a … Continue reading Smith Brothers Farms Ltd v The Canwell Estate Company Ltd: CA 2 Mar 2012
A claim was made for a statutory succession to an assured tenancy. The judge had found that the appellant was occupying the flat at the time of the death of her father (the tenant) as her only home, but that she had not ‘resided with’ him throughout the previous year. This was so despite the … Continue reading Freeman v London Borough of Islington: CA 11 Jun 2009
A tenancy at will can be determined by either party on his expressly or impliedly intimating to the other his wish that the tenancy should be at an end. The issuing of a writ claiming possession is a sufficient demand for possession to bring the tenancy to an end. The statutory minimum period of four … Continue reading Crane v Morris: 1965
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
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour … Continue reading Fernandes v Pavardin: CA 1982
Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.Jonathan Hirst QC said (after discussing the Christie’s case): ‘Plainly this authority provides substantial ammunition for BandB Monaco to contend that they owed no duty of care to [the claimant] but, if English law applied, I would hold … Continue reading Morin v Bonhams and Brooks Ltd and Another: ComC 18 Mar 2003
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that TR had caused additional losses by failing to maintain … Continue reading Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010
Trident entered into Aircraft Operating Lease Agreements in identical terms with First Flight in respect of two ATP model aircraft. The leases represented the culmination of negotiations between a representative of the manufacturer, BAE Systems Regional Aircraft Limited (‘BAE’), and representatives of First Flight and were signed by a representative of BAE on behalf of … Continue reading Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd: Comc 17 Jul 2008
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed. Held: The 1988 Act did not make clear that a tenant faced with a delay could nevertheless complete the assignment. … Continue reading Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 10 Apr 1997
The plaintiffs, who were London merchants, had been asked by Egyptian buyers to supply ‘feveroles’. Not knowing what this term meant, they asked the defendants’ representative, who responded that ‘feveroles’ meant horsebeans. Relying on this information, the plaintiffs contracted to buy a quantity of horsebeans from the defendants, which they then sold on as ‘feveroles’ … Continue reading Frederick E Rose (London) Limited v William H Pim Junior and Co Limited: 1953
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
The validity of a patent was challenged at the same time in both UK and European courts. Mummery LJ discussed the inherent consequences of a race between the jurisdictions: ‘the possibility of the duplication of proceedings contesting the validity of a patent granted by the EPO is inherent in the system established by the Convention. … Continue reading Glaxo Group Ltd v Genentech Inc and Another: CA 31 Jan 2008
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued that as a lease in writing, time ran from the notice to quit. … Continue reading Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the printer. One magistrate held that the offence was committed only if there was an intention … Continue reading Director of Public Prosecutions v Luft: HL 26 May 1976
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006
The officer had entered a fair rent for a caravan. The site owner sought the vacation of the entry. The caravan was fully mobile, but was also connected to mains water and electric and sewage. The connections were easily removed, and the caravan was from time to time moved. Held: Whether a caravan counted as … Continue reading Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985
The court set out the characteristics of abuse of process in criminal matters. It may be an abuse of process if: ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality.’ and ‘The … Continue reading Regina v Derby Crown Court, ex parte Brooks: QBD 1985
The EAT considered the decision in Mansi: ‘Looked at as a whole, paragraph 17(5) [that is the paragraph then in force] is quite clearly intended to be a comprehensive provision to cover changes in the composition of those who comprise an ’employer’ in cases of partnership, personal representatives or trustees. We think there is no … Continue reading Jeetle v Elster: EAT 1985
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997
The Court considered a recommendation for the deportation of an Algerian national after the completion of his sentence. Held: Rix LJ referred to both the Nazari and the Bouchereau tests, and said: ‘The Appellant is not of course an EU national, but we refer to Bouchereau because English authority (see below) has said that the … Continue reading Benabbas, Regina v: CACD 12 Aug 2005
(New South Wales) The manager and a sales representative of TECO set up separate competing business. Anderson with his wife, began a new company Mallory Trading Pty Ltd which acted as a a fraud on TECO. On learning of each others acts, they joined forces and diverted business and profits from TECO. In July 1977 … Continue reading Timber Engineering Co Pty Ltd v Anderson: 1980
The court was asked whether the process of distraint against goods for unpaid tax under section 61 of the 1970 Act is an ‘execution’ within section 183 of the 1986 Act which applies where a creditor has issued, but not completed, execution against the goods or land of a company which is subsequently wound up. … Continue reading Brenner v Revenue and Customs; In re Modern Jet Support Centre Ltd: ChD 21 Jul 2005
The defendants appealed their convictions for murder, saying that a co-defendant, have been captured after fleeing the country had later been treated more leniently, a plea of manslaughter having been accepted. Held: In order to substitute convictions for manslaughter, the court would first have to quash the convictions for murder, which was only possible if … Continue reading Petch and Coleman v Regina: CACD 13 Jul 2005
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (estoppel); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 58255/00, [2004] ECHR 642 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Cited by: Judgment – Prokopovich v Russia ECHR 8-Aug-2011 Execution … Continue reading Prokopovich v Russia: ECHR 18 Nov 2004
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: ‘Thus under EEC Law a valid recommendation for deportation can only be made if at least two conditions are fulfilled: first, that there exists a genuine and sufficiently serious … Continue reading Regina v Escauriaza: CACD 2 Jan 1988
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning has received … Continue reading Barras v Aberdeen Steam Trawling and Fishing Co: HL 17 Mar 1933
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
Rents – Fair Rent Citations: [2021] UKFTT LON – 00AU – F77 Links: Bailii Statutes: Rent Act 1977 70 Jurisdiction: England and Wales Housing Updated: 30 June 2022; Ref: scu.673343
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
The tenant complained that the landlord had unreasonably delayed approval of a proposed underletting. Held: The court had to bear in mind that the consent was to an underlease, and that therefore there was no privity between the landlord and the proposed sub-tenant. The tenant would remain liable for rent and repairs as before. The … Continue reading NCR Ltd v Riverland Portfolio No.1 Ltd: ChD 16 Jul 2004
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
Defendant’s appeal from an order granting the claimant a possession order in respect of a ground floor flat. The basic question in the proceedings was whether the defendant had a tenancy protected under the Rent Act 1977. Held: The appeal succeeded. Citations: [2001] EWCA Civ 454, [2002] HLR 21, (2001) 82 P and CR DG7 … Continue reading Arogol Company Ltd v Rajah: CA 21 Mar 2001
Challenge to rent for regulated tenany. Judges: Peter Gibson, Chadwick, Keene LJJ Citations: [2001] EWCA Civ 237, [2001] L and TR 37, [2001] 21 EG 168, [2001] 2 EGLR 63, [2001] 6 EGCS 163, (2001) 33 HLR 71 Links: Bailii Statutes: Rent Act 1977 67(1) Jurisdiction: England and Wales Housing Updated: 27 June 2022; Ref: … Continue reading Haysport Properties Ltd, Regina (on the Application of) v Rent Officer of West Sussex Registration Area: CA 31 Jan 2001
The respondents were engaged in procuring sex for others. The appellants sought to make them subject to VAT. The Tribunal had concluded that the respondents’ business was unlawful and was outside the VAT scheme altogether. Not all the respondent’s business would be unlawful. Held: The Sixth Directive purposes harmonisation of VAT, on the principle of … Continue reading The Commissioners of Customs and Excise v Robert and Julie Polok: ChD 19 Feb 2002
The tenant had occupied the house for 35 years. She resisted an application by her landlord to rehouse her. She had brought up her family there and did want to leave. Held: The landlord’s appeal was dismissed. The landlord’s interest which was purely financial had to be balanced against the wishes of the elderly lady … Continue reading Battlespring Ltd v Gates: CA 1983
The principle to the effect that the court should exercise its discretion to restrain a distress levied by a landlord before the commencement of a winding-up only where there were special circumstances rendering it inequitable that he should be permitted to do so, applies also to a distress levied by the Crown under a statutory … Continue reading Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977
Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of ‘worker’ for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within … Continue reading Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
When choosing areas for assessment of amenity values and scarcity values an area in which a tenant could reasonably expect to choose from ignoring the amenity area, but not a really large area such as the South East of England. Citations: Times 11-Dec-1998, Gazette 03-Feb-1999 Statutes: Rent Act 1977 70(1) 70(2) Jurisdiction: England and Wales … Continue reading Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance. Held: The judge had reiterated but not relied upon the statement as to the subjective views of the parties as to the position of the boundary. The plans did not show the … Continue reading Pennock and Another v Hodgson: CA 27 Jul 2010
HL Income tax – Capital or income – Rentcharges – Payable for 10 years – Paid as consideration for sale of capital assets – Whether containing a capital element – Whether wholly payable under deduction o f tax – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c. 10), 177. … Continue reading Inland Revenue Commissioners v Church Commissioners for England: HL 7 Jul 1976
Where the definition of the parcels in a conveyance or transfer is not clear, then the court must have recourse to extrinsic evidence, and in particular to the physical features on the ground: ‘It seems to me that the question is one which must depend on the application of the plan to the physical features … Continue reading Jackson v Bishop: CA 1979
Costs had been awarded against the third party, the parent company of the defendant. Leave to appeal was sought. Held: It was arguable that the judge had not taken into account properly the interest of the company in protecting the interests of creditors and not just itself. Leave was given. Judges: Kay LJ, Keene LJ … Continue reading Pegler Ltd v Wang (Uk) Ltd and Another: CA 18 Jun 2001
The intention of the parties in affixing an object to land is only relevant to the extent that it can be derived from the degree and object of the annexation: ‘the intention of the parties as to the ownership of the chattel fixed to the land is only material so far as such intention can … Continue reading Hobson v Gorringe: CA 1897
The taxpayer was a barrister. To comply with Bar guidance on court dress, she wore, in court and in and to and from chambers black dresses, suits and shoes and white blouses. The clothing were perfectly ordinary articles suitable for everyday wear. But for her professional requirements she would have not purchased those clothes. She … Continue reading Mallalieu v Drummond: HL 27 Jul 1983
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from … Continue reading Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them. Held: The tenant had failed to establish that the business use had ceased. The court also his argument that, if his business use had ceased, he was protected … Continue reading Pulleng v Curran: CA 1980
The property had been let for twenty five years with a shop on the ground floor with living accomodation above. There had been no formal tenancy agreement, and no explicit user stipulation. The tenant claimed the protection of the 1920 Act. Held: The effect of section 12(2)(ii) appeared ‘to affirm in statutory form what the … Continue reading Hicks v Snook: CA 1928
In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of andpound;1 million. The judge made no order as to costs after the date … Continue reading Gojkovic v Gojkovic (No 2): CA 1 Apr 1991
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable. Held: It was wrong to assess … Continue reading Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996
Application for leave to appeal. Original leading counsel had consented to the abandonment of parts of the claim. New leading counsel now sought to revive them. Held: The claim had little prospect of success. Leave to appeal refused. Judges: Waller, Mance LJJ Citations: [1999] EWCA Civ 1650 Links: Bailii Citing: Cited – Arthur J S … Continue reading Worldwide Corporation Limited v Marconi Communications Limited (Formerly GPT Limited) and GPT (Middle East) Limited: 22 Jun 1999
Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered accommodation, but he refused it and made a further application to Eastleigh. In relation … Continue reading Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: HL 27 Jul 1983
Cottenham LC said: ‘We speak familiarly of equitable set-off as distinguished from set-off at law, but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary’s demands. The mere existence of cross demands is not … Continue reading Rawson v Samuel: 15 Apr 1841
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract. Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the parties have not thought fit to express. In their … Continue reading BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977
Citations: [2003] EWCA Civ 1639 Links: Bailii Statutes: Rent Act 1977 137(2) Jurisdiction: England and Wales Housing Updated: 08 June 2022; Ref: scu.188120
The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued that its contract excluded liability, and under the Act, that clause was not subjected to a test … Continue reading Amiri Flight Authority v BAE Systems Plc: CA 17 Oct 2003
A lease of a freight shed exonerated the lessor from ‘any claim . . for . . damage . . to . . Goods . . being . . in the said shed’ and requiring the lessee to indemnify the lessor ‘from and against all claims’. The negligent use of an oxy-acetylene torch by an … Continue reading Canada Steamship Lines Ltd v The King: PC 21 Jan 1952
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal re-instated it, and the applicants now appealed again. The applicants had first sought advice from the council and had … Continue reading Din (Taj) v Wandsworth London Borough Council: HL 26 Nov 1981
PC (New Zealand) The defendant operated a superannuation scheme for and on behalf of the officers of the bank it regulated. The trustees ought to amend the scheme, but it had been set up by statute. Held: When assessing such amendments to see whether they remained within the purposes of the original scheme as set … Continue reading Bank of New Zealand v Board of Management of the Bank of New Zealand Officers’ Provident Association: PC 14 Jul 2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for valuation. Held: Part of the skills of a chartered accountant, especially one who … Continue reading Goldstein v Levy Gee ( A Firm): ChD 1 Jul 2003
The defendant firm appealed against a refusal to strike out the claimant’s claim for professional negligence, asserting that the judge should have considered the limitation issue in the light of Khan v Falvey. Held: By the time that the negligence arose, the first claim was worthless. The claimant knew of the negligence of his solicitors … Continue reading Hatton v Messrs Chafes (A Firm): CA 13 Mar 2003
The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003