Search Results for: The Occupiers

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Brown and Others v South West Lakes Trust and Others: CA 17 Jan 2022

This appeal raises issues about whether claims: (1) under the Occupiers’ Liability Act 1984 (‘the 1984 Act’) against occupiers of land adjoining a highway; and (2) against the relevant highway authority; arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. Judges: Lord Justice Lewison Lord … Continue reading Brown and Others v South West Lakes Trust and Others: CA 17 Jan 2022

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis: Admn 16 Jul 2010

The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the decision of the ECHR it was a disproportionate interference with their human rights to keep the data. … Continue reading Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis: Admn 16 Jul 2010

Poplar Metropolitan Borough Assessment Committee v Roberts: HL 1922

The case concerned the rating of a tied house (including living accommodation) which was subject to statutory rent control, with the effect that the maximum recoverable rent was less than the value entered in the valuation list. The ratepayer appealed on the basis that the figure should be reduced to the maximum rent so recoverable. … Continue reading Poplar Metropolitan Borough Assessment Committee v Roberts: HL 1922

Mersey Docks and Harbour Board v Birkenhead Assessment Committee: HL 25 Apr 1901

In estimating for the purposes of a poor-rate assessment the rent at which premises may be reasonably expected to let, the circumstances of the actual occupation are matters to be considered, including the receipts and expenses of the business carried on there ; although (as in the case of the Mersey Docks and Harbour Board) … Continue reading Mersey Docks and Harbour Board v Birkenhead Assessment Committee: HL 25 Apr 1901

Abbey National Building Society v Cann: HL 29 Mar 1990

Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying that she had an overriding interest through her occupation at the time when the charge was registered. … Continue reading Abbey National Building Society v Cann: HL 29 Mar 1990

Manchester Corporation v Connolly: CA 1970

The local authority sought to use an injunction to assist in enforcing planning controls. The court had no power to make an interlocutory order for possession. Lord Diplock: ‘The writ of possession was originally a common law writ (although it is now regulated, as I say, by Ord. 45 r.3) under which it was ordered … Continue reading Manchester Corporation v Connolly: CA 1970

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer … Continue reading Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

Wheeler v Copes: QBD 1981

A labour-only subcontractor was provided with an inadequate ladder by the defendant. He was injured using it. Held: The defendant was found liable. However, Chapman J said: ‘The plaintiff puts his case to a considerable extent on the Occupiers’ Liability Act 1957, but it seems to me that there may be considerable difficulty in relation … Continue reading Wheeler v Copes: QBD 1981

Hampshire Waste Services Ltd v Persons Intending to Trespass and/or Trespassing upon Incinerator Sites: ChD 2003

The court granted an interlocutory injunction to restrain unknown trespassers from entering land.The Vice-Chancellor gave the following guidance : (1) First, that the description of the defendant should not involve a legal conclusion, such as is implicit in the use of the word ‘trespass’. (2) Secondly, that it is undesirable to use a description such … Continue reading Hampshire Waste Services Ltd v Persons Intending to Trespass and/or Trespassing upon Incinerator Sites: ChD 2003

Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others: ChD 23 May 2003

The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed and unknown person. Held: The court was able to make the order sought against … Continue reading Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others: ChD 23 May 2003

Henry Trotter, of Morton Hall, Esq v Alexander, Earl of Marchmont; William, Earl of Home; Andrew Hogg of Harcarse, Esq; William Home and Roger Moodie;: HL 12 Feb 1736

Commonty. – Prescription – The proprietor of a moor (over which several heritors had rights of servitude,) possessed other lands, to which no servitude on the moor belonged, but the tenants of which were in use for above forty years, of pasturing cattle, andc. in common with the occupiers of the dominant lands. Found in … Continue reading Henry Trotter, of Morton Hall, Esq v Alexander, Earl of Marchmont; William, Earl of Home; Andrew Hogg of Harcarse, Esq; William Home and Roger Moodie;: HL 12 Feb 1736

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988

In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to occupy it so as to create no more than a licence. Held: Behaviour by the … Continue reading A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988

Gillow v The United Kingdom: ECHR 24 Nov 1986

The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there. Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not established any other home elsewhere in the United Kingdom and had retained ‘sufficient continuing links’ … Continue reading Gillow v The United Kingdom: ECHR 24 Nov 1986

Buckinghamshire County Council v Moran: CA 13 Feb 1989

The parties’ respective properties were separated by a fence or hedge and the true owner had no access to the disputed land. In 1967 the Defendants’ predecessors in title began to maintain the land by mowing the grass and trimming the hedges and using the land for their own purposes. The evidence was that the … Continue reading Buckinghamshire County Council v Moran: CA 13 Feb 1989

Powell v McFarlane: ChD 1977

Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977

Ratcliff v McConnell and Jones: CA 30 Nov 1998

The claimant, a nineteen year old student climbed into a college property in the early hours of the morning, and then took a running dive into the shallow end of a swimming pool, suffering severe injuries. He was accompanied by friends and had been drinking, though he was not drunk. Held: A trespasser having climbed … Continue reading Ratcliff v McConnell and Jones: CA 30 Nov 1998

Spearman v Royal United Bath Hospitals NHS Foundation Trust: QBD 4 Dec 2017

The Claimant suffered a hypoglycaemic attack (being Type 1 diabetic) and was taken by ambulance to the Hospital, arriving at 22.00 hours. Within 15 minutes, he had left the emergency department of the hospital, climbed five flights of stairs to a flat roof, climbed over a protective barrier and either fallen or jumped into a … Continue reading Spearman v Royal United Bath Hospitals NHS Foundation Trust: QBD 4 Dec 2017

Robinson, Regina (on The Application of) v HMP Whatton and Another: Admn 4 Dec 2013

Two prisoners serving sentences of imprisonment for public protection sought judicial review of arrangements meaning that they had not been given a timely opportunity to demonstrate to the Parole Board that they are safe to be released. Their complaints centre on delays they experienced in gaining access to a prison course they were assessed as … Continue reading Robinson, Regina (on The Application of) v HMP Whatton and Another: Admn 4 Dec 2013

Hall v Beckenham Corporation: 1949

A claim was made in nuisance against the local authority, the owner of a public park, in which members of the public flew noisy model aircraft. Held: The local authority were not liable as the occupiers of the park for an alleged nuisance that was being committed in the park. Finnemore J discussed the purpose … Continue reading Hall v Beckenham Corporation: 1949

Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others: CA 1 Dec 2000

A block of flats had been occupied over several years by a succession of squatters. The present occupiers appealed an order for possession, and the authority appealed refusal of possession for other flats. The occupiers asserted possessory title. Held: The earlier occupiers had sought licences from the authority, and had submitted petitions. The letters and … Continue reading Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others: CA 1 Dec 2000

Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010

The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the chief manager and owner suffered a severe head injury, and … Continue reading Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010

Barber v London Borough of Croydon: CA 11 Feb 2010

The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council had failed to take account of his disability. Held: The applicable national guidance required the council to … Continue reading Barber v London Borough of Croydon: CA 11 Feb 2010

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008

The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy. Held: The tenant had had a full Rent Act tenancy. The Board claimed possession. There had been a compromise under which he left possession for … Continue reading Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008

Purdy, Regina (on the Application of) v Director of Public Prosecutions and others: CA 19 Feb 2009

The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under the 1961 Act. Held: The court considered the Code for Crown prosecutors, and other Guidance … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and others: CA 19 Feb 2009

Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015

Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, … Continue reading Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015

Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening: CA 23 Jun 2009

The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in respect of their occupation. Held: The appeal was dismissed. A court hearing a … Continue reading Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening: CA 23 Jun 2009

Young, Regina (on The Application of) v Governor of Her Majesty’s Prison Highdown and Another: Admn 6 Apr 2011

The claimant complained that he had not been considered for early release on Home Detention Curfew because the policy refused to allow those convicted of knife crimes to be so considered, and: ‘the failure to include other offences in the list of unsuitability offences renders the scheme unlawful on the grounds of discriminatory, irrational and … Continue reading Young, Regina (on The Application of) v Governor of Her Majesty’s Prison Highdown and Another: Admn 6 Apr 2011

Cook v The Mortgage Business Plc: CA 24 Jan 2012

The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012

Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

London Borough of Harrow v Qazi: HL 31 Jul 2003

The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003

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 used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008

Ali v Birmingham City Council: CA 7 Nov 2008

The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether the decision in Runa Begum was to be interpreted in the light of Tsfayo. … Continue reading Ali v Birmingham City Council: CA 7 Nov 2008

Michalak v London Borough of Wandsworth: CA 6 Mar 2002

The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002

YL v Birmingham City Council and Others: HL 20 Jun 2007

The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human Rights Act 1998 and as such a ‘public authority’ subject to Convention rights … Continue reading YL v Birmingham City Council and Others: HL 20 Jun 2007

Secretary of State for Environment, Food, and Rural Affairs v Meier and Others: SC 1 Dec 2009

The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. Held: The defendants’ appeal was allowed. The court may grant an injunction to prevent … Continue reading Secretary of State for Environment, Food, and Rural Affairs v Meier and Others: SC 1 Dec 2009

Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 29 Oct 2008

The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit suicide. The claimant suffered a severe degenerative illness and anticipated that she would want to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 29 Oct 2008

Errington v Errington and Woods: CA 19 Dec 1951

There was a contract by a father to allow his son to buy the father’s house on payment of the instalments of the father’s Building Society loan. Held: Denning LJ reviewed the cases and said: ‘The result of all these cases is that, although a person who is let into exclusive possession is prima facie … Continue reading Errington v Errington and Woods: CA 19 Dec 1951

Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008

The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008

Patel and Another v K and J Restaurants Ltd and Another: CA 28 Oct 2010

The landlord appealed against refusal of forfeiture for breaches of the lease. A covenant provided against use for immoral purposes, and the sub-tenant had been found to be running a brothel. The tenant said that he had been concerned of an action for defamation if he had acted before receiving formal confirmation of the allegation … Continue reading Patel and Another v K and J Restaurants Ltd and Another: CA 28 Oct 2010

Donoghue v Folkestone Properties Limited: CA 27 Feb 2003

The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common. Held: The Act imposed liability if four conditions were met: the premises were dangerous, the … Continue reading Donoghue v Folkestone Properties Limited: CA 27 Feb 2003

Jones v Bellgrove Properties Limited: CA 1949

The court allowed the plaintiff to establish by evidence that his particular debt was included in the total sum acknowledged to be due to a number of creditors.Lord Goddard CJ was satisfied that a lump sum in a balance sheet included the debt in question. The balance sheets of the defendant contained the statement, ‘to … Continue reading Jones v Bellgrove Properties Limited: CA 1949

Price and others v Leeds City Council: CA 16 Mar 2005

The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life. Held: There had been conflicting decisions in the House of Lords (Quazi) and the ECHR (Connors). The Court of Appeal and … Continue reading Price and others v Leeds City Council: CA 16 Mar 2005

Connors v The United Kingdom: ECHR 27 May 2004

The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a nuisance. The local authority then successfully brought summary proceedings for possession, on the ground … Continue reading Connors v The United Kingdom: ECHR 27 May 2004

C Plc v P and Attorney General Intervening: CA 22 May 2007

The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the order infringed his right against self-incrimination. He had permitted the search … Continue reading C Plc v P and Attorney General Intervening: CA 22 May 2007

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

London Street Tramways v London County Council: HL 25 Apr 1898

House Decisions binding on Itself The House laid down principles for the doctrine of precedent. When faced with the hypothesis that a case might have been decided in ignorance of the existence of some relevant statutory provision or in reliance on some statutory provision which was subsequently discovered to have been repealed, Lord Halsbury suggested … Continue reading London Street Tramways v London County Council: HL 25 Apr 1898

Snook v London and West Riding Investments Ltd: CA 1967

Sham requires common intent to create other result The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham. Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention that the act … Continue reading Snook v London and West Riding Investments Ltd: CA 1967

McGlynn v Welwyn Hatfield District Council: CA 1 Apr 2009

The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds. Held: There had been a delay between the issue of the notice to quit and the issue of possession proceedings. It was possible that a reasonable … Continue reading McGlynn v Welwyn Hatfield District Council: CA 1 Apr 2009

Regina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others: HL 18 Jul 2002

Corts Martial System Complant with Human Rights The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by court martial an offence committed … Continue reading Regina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others: HL 18 Jul 2002

Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008

The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008

Dobson and others v Thames Water Utilities Ltd and Another: CA 29 Jan 2009

The claimants complained of odours and mosquitoes affecting their properties from the activities of the defendants in the conduct of their adjoining Sewage Treatment plant. The issue was as to the rights of non title holders to damages in nuisance and related causes. Held: Damages in nuisance are for injury to the property and not … Continue reading Dobson and others v Thames Water Utilities Ltd and Another: CA 29 Jan 2009

Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007

Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence. Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. … Continue reading Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007

Lewis v Meredith: 1913

Neville J discussed the attachment of an easement created under a leasehold interest becoming attached to the freehold interest: ‘Easement or right in the strict sense there could not be, for the common ownership precluded the acquisition of any . .

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

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

References: [1829] EngR 460, (1829) 3 Sim 49, (1829) 57 ER 919 Links: Commonlii 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 … Continue reading Tooth v The Dean And Chapter Of Canterbury; 13 May 1829

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″

Fowles v Bedfordshire County Council: CA 22 May 1995

The claimant had received some instruction as to the use of gymnastic mats, but the instruction from the defendants was inadequate and had not made him aware of the dangers. Subsequently, when the claimant used the mats with a friend on a subsequent occasion, without supervision, he suffered a serious injury. A Local Authority allowing … Continue reading Fowles v Bedfordshire County Council: CA 22 May 1995

Barrett v Ministry of Defence: CA 3 Jan 1995

The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995

C and G Homes Ltd v Secretary Of State For Health: CA 1991

The court was asked whether a health authority’s housing of former mental in-patients in two houses on a residential estate resulted in a breach of one or both of two covenants burdening the houses. One covenant, (20) was: ‘Not to cause or permit or suffer to be done in or upon the property any act … Continue reading C and G Homes Ltd v Secretary Of State For Health: CA 1991

In re Basham dec’d; Basham v Basham: 1986

The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until her stepfather’s death she and her husband lived near the cottage to which her stepfather had … Continue reading In re Basham dec’d; Basham v Basham: 1986

Manning v Hope (t/a the Priory): CA 8 Dec 1998

Where there was an award of damages for personal injuries arising under the Act, the judge was obliged to make some reference to the statutory duties under the Act and his findings relative to them. In the absence of a finding of a breach of duty, the judgment could not be allowed to stand. Citations: … Continue reading Manning v Hope (t/a the Priory): CA 8 Dec 1998

McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

Roles v Nathan: CA 15 May 1963

Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit. Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal succeeded.Lord Denning MR said: ‘the warnings which were given to the sweeps were enough to enable them … Continue reading Roles v Nathan: CA 15 May 1963

Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002

The court refused to set aside the council’s decision to register as a common a lesser area then applied for. ‘ Does the council have power to register a smaller area than applied for? It is perfectly true that there is no express power in either the Act or the Regulations to register a smaller … Continue reading Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002

Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993

A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993

Toni and Guy (South) Ltd and Another v London Borough of Hammersmith and Fulham: Admn 11 Feb 2009

The council had served a remediation notice on the appellants. The tenants said that they occupied only the ground floor of the building, but that the notice related to other discrete parts which they did not occupy. Held: The authority should have properly identified the actual occupiers. The notice was quashed. Judges: Wyn Williams J … Continue reading Toni and Guy (South) Ltd and Another v London Borough of Hammersmith and Fulham: Admn 11 Feb 2009

Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land which attracted children, but not for an injury arising from unforeseeable … Continue reading Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox. Held: A certifying authority and its inspector were both liable in negligence having certified an … Continue reading Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

Lovell Projects Ltd v Legg and Carver: 2003

The court was asked whether the regulations applied to a construction contract. Judges: Judge Moseley QC Citations: [2003] BLR 452 Statutes: Unfair Terms in Consumer Contracts 1992 Jurisdiction: England and Wales Cited by: Cited – Domsalla (T/A Domsalla Building Services) v Dyason TCC 4-May-2007 A consumer has no grounds for complaining about the construction adjudication … Continue reading Lovell Projects Ltd v Legg and Carver: 2003