Hackney London Borough Council (Local Government): ICO 2 Nov 2021

The complainant requested information from London Borough of Hackney (‘the Council’) about the number of councillors living in low traffic neighbourhoods. By the date of this notice the Council had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached section 10 of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: The Council must provide a substantive response to the request in accordance with its obligations under the FOIA.
EIR 5(2): Complaint upheld

Citations:

[2021] UKICO ic-135140

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675091

Chief Constable of Essex Police (Police and Criminal Justice): ICO 18 Nov 2021

The complainant requested information from the Chief Constable of Essex Police (‘Essex Police’) relating to employees training on mental health and Essex Police’s powers under the Mental Health Act 1983 (MHA). By the date of this notice Essex Police had not issued a substantive response to this request. The Commissioner’s decision is that Essex Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Essex Police to take the following step to ensure compliance with the legislation. Essex Police must provide a substantive response to the request in accordance with its obligations under the FOIA. Essex Police must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld

Citations:

[2021] UKICO ic-137301

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675062

Plymouth City Council (Local Government): ICO 29 Oct 2021

The complainant requested information relating to emissions and authorisations relating to an Energy from Waste facility (an EfW). The council refused some parts of the request on the basis that Regulation 12(4)(b) applied (manifestly unreasonable) and refused other parts on the basis that the information is not held (Regulation 12(4)(a)). The Commissioner’s decision is that the council was correct to apply Regulation 12(4)(b) to the information. She has also decided that the council is correct to apply Regulation 12(4)(a) on the basis that no further information is held by it. The Commissioner does not require the council to take any steps.
EIR 12(4)(a): Complaint not upheld EIR 12(4)(b): Complaint not upheld

Citations:

[2021] UKICO ic-82768

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675033

Devon County Council (Local Government): ICO 28 Oct 2021

The complainant requested information from Devon County Council relating to any allegations made against a business that they are associated with. The Council refused to confirm or deny if information was held under section 40(5B) (third party personal information) of the FOIA. The Commissioner’s decision is that any information held by the Council that fell within the scope of the request would be the complainant’s personal data. The Council was therefore correct to neither confirm nor deny whether the requested information was held, but should have applied section 40(5A) (personal information of the requestor). The Commissioner does not require the Council to take any steps as a result of this decision notice. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0349 under appeal.
FOI 40(5): Complaint not upheld EIR 5(2): Complaint upheld

Citations:

[2021] UKICO ic-89838

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675008

Northampton General Hospital NHS Trust (Health): ICO 31 Oct 2022

The complainant has requested documents used to support a self-assessment of vascular services sent to NHS England by Northampton General Hospital NHS Trust (‘the Trust’). The Trust provided information for the first 3 parts of the request but stated no information was held for part 4 of the request. The Commissioner’s decision is that the Trust has complied with its obligations under section 1(1) of the FOIA and that, on balance, no further information is held.
FOI 1: Complaint not upheld

Citations:

[2022] UKICO 133698

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683079

Ministry of Justice (Central Government): ICO 26 Oct 2021

The complainant requested a copy of a specified prison-related audit report. The Ministry of Justice (the ‘MOJ’) refused to provide it in its entirety, citing section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the MOJ was not entitled to rely on section 43(2) to withhold the requested report for the reasons set out in this notice. The complainant confirmed he was not interested in the disclosure of the names within the report. The Commissioner, therefore, requires the MOJ to disclose the requested report in its entirety minus the names of individuals to ensure compliance with the legislation. The MOJ must take this step within 35 calendar days of the decision notice.
FOI 43: Complaint upheld

Citations:

[2021] UKICO ic-81181

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675017

Thorne-Moorends Town Council (Local Government): ICO 12 Oct 2022

The complainant has requested information about Thorne Moorends Town Council’s (the Council) neighbourhood plan. The Council disclosed some information within the scope of the request, but stated that it holds no further relevant information. The Commissioner’s decision is that, on the balance of probabilities, the Council is correct when it says that it holds no further information within the scope of the request. Therefore, it has complied with regulation 5(1) of the EIR. The Commissioner does not require the Council to take any remedial steps on this matter.
EIR 5(1): Complaint not upheld

Citations:

[2022] UKICO 159070

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683130

Rhondda Cynon Taf County Borough Council (Local Government): ICO 8 Mar 2022

The complainant requested a copy of a risk assessment that was performed at Hawthorn School and swimming pool in December 2019. Rhondda Cynon Taf County Borough Council (the Council) stated that it did not hold the information requested. The Commissioner’s decision is that on the balance of probabilities the Council does not hold the information requested. The Commissioner does not require any steps to be taken.
FOI 1: Complaint not upheld

Citations:

[2022] UKICO ic-83797

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.674972

Metropolitan Police Service (Police and Criminal Justice) 166029: ICO 1 Nov 2022

The complainant has requested information about expenditure on informants from the Metropolitan Police Service (the ‘MPS’). The MPS provided some information but would neither confirm nor deny (NCND) holding the remainder citing sections 23(5) (Information supplied by, or concerning, certain Security Bodies), 24(2) (National security), 30(3) (Investigations and proceedings), 31(3) (Law enforcement), 38(2) (Health and safety) and 40(5) (Personal information) of FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 23(5) or, in the alternative, section 24(2) to NCND whether it holds the requested information. No steps are required.
FOI 24: Complaint not upheld FOI 23: Complaint not upheld

Citations:

[2022] UKICO 166029

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683180

Avicarvil Farms (Common Agricultural Policy – Calculation Errors – Animal Welfare Payments – Judgment): ECJ 17 Nov 2022

Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EC) No 1698/2005 – Article 40 – National rural development programme 2007-2013 – Animal welfare payments – Calculation errors – Reductions in payments by the national authorities – Principle of the protection of legitimate expectations – Principle of legal certainty

Citations:

C-443/21, [2022] EUECJ C-443/21, ECLI:EU:C:2022:899

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 12 December 2022; Ref: scu.683332

Liverpool University Hospitals NHS Foundation Trust (Health): ICO 1 Nov 2022

The complainant has requested Liverpool University Hospitals NHS Foundation Trust (the trust) to disclose detailed expenditure for the month of March. The trust disclosed some information but withheld the remainder citing sections 40 and 43 of FOIA. With regards to items 1 and 3 of the request, the Commissioner is satisfied that these are not valid requests for information in accordance with section 8 of FOIA. In respect of item 2, he is however satisfied that the trust is entitled to withhold the remaining withheld information under sections 40 and 43 of FOIA. He therefore does not require any further action to be taken.
FOI 43: Complaint not upheld FOI 40: Complaint not upheld

Citations:

[2022] UKICO 183891

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683173

Birkbeck – University of London (Education): ICO 30 Sep 2021

The complainant has requested information about the number of former students that completed the Certificate of Higher Education for subjects allied to Life Sciences (certificate of HE) and then entered directly on to the second year of a degree course at other institutions. Birkbeck – University of London (the university) denied holding the requested information. The Commissioner’s decision is that on the balance of probabilities the requested information is not held. The Commissioner does not require any steps to be taken as a result of this decision.
FOI 1: Complaint not upheld

Citations:

[2021] UKICO IC-78056

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.669488

Tesco Stores Ltd v Constable and others: Comc 14 Sep 2007

The defendants provided insurance for the claimant to construct a train tunnel over which the claimant would build a supermarket. The tunnel collapsed, and the railway operator claimed for loss of revenues. The insurers denied responsibility saying the loss was purely economic, and not covered by the policy.
Held: ‘since none of the loss for which Chiltern is to be compensated under the Deed is loss for which Chiltern would be entitled to be compensated in tort, Tesco is not entitled to the indemnity it seeks from the defendants. ‘

Judges:

Field J

Citations:

[2007] EWHC 2088 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – James Longley and Company Ltd v Forest Giles Ltd CA 18-Jul-2001
The claimant sought an indemnity from his insurers under the Public Liability Section of a standard Builders Contractors Policy. A sub-contractor who had spent money rectifying a defectively laid floor and who had been sued to judgment in contract . .
Cited – M/S Aswan Engineering Establishment Co Ltd v Iron Trades Mutual Insurance Co Ltd 1989
The court held in respect of a third party (legal and contractual liability) policy that the words ‘liable at law’ on their ordinary meaning meant ‘legal liability’ and not merely liable at common law, as contended by the insurers. A third party . .
Cited – Bartoline Limited v Royal Sun Alliance plc 2007
The claimant sought an indemnity under the Public Liability Section of a Combined Policy for: (i) expense incurred by the Environment Agency under section 161 of the Water Resources Act 1991 cleaning up water courses of pollutants after a fire on . .
Cited – Tioxide Europe Ltd v CGU International Plc and others CA 20-Jul-2005
The court considered how an insurance contract should be construed. Langley J said: ‘The general principle is that the proper construction is to be determined by the ordinary and natural meaning of the words used in the contractual and commercial . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – James Budgett Sugars Ltd v Norwich Union Insurance Ltd ComC 15-May-2002
The insured sold contaminated sugar to a manufacturer of mincemeat so as to render it unmerchantable, the contamination was only discovered after the mincemeat had been sold on to end users.
Held: Physical damage may be caused by the mere fact . .

Cited by:

Cited – Tesco Stores Ltd v Constable and others CA 16-Apr-2008
Tesco voluntarily agreed to indemnify a third party for economic loss. When that third party claimed under the indemnity for economic losses arising out of damage to property of another, Tesco sought to claim under its own public liability insurance . .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction

Updated: 12 December 2022; Ref: scu.259326

Gray v Adamson: 12 Mar 1866

The rule as to the costs of a disclaiming Defendant applies to a disclaiming heir at law

Citations:

[1866] EngR 123 (A), (1866) 35 Beav 383

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 12 December 2022; Ref: scu.280834

London Borough of Enfield (Local Government): ICO 1 Mar 2022

The complainant requested information about parking complaints from the London Borough of Enfield (‘the Council’). By the date of this notice the Council had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. The Council must provide a substantive response to the request in accordance with its obligations under FOIA.
FOI 10(1): Complaint upheld

Citations:

[2022] UKICO ic-154367

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.674963

Pepper (Inspector of Taxes) v Daffurn: ChD 17 Jun 1993

Capital gains tax – Retirement relief – Sale of part of farm – Whether disposal of part of a business – Finance Act 1985, 5 69

Citations:

[1993] EWHC TC – 66 – 68 (Ch), (1993) 66 TC 68, [1993] STC 466

Links:

Bailii

Jurisdiction:

England and Wales

Capital Gains Tax

Updated: 12 December 2022; Ref: scu.683406

Rotherham Metropolitan Borough Council (Local Government): ICO 26 Oct 2022

The complainant requested information from Rotherham Metropolitan Borough Council (‘the Council’) relating to faculties for a specific church. The Commissioner’s decision is that on the balance of probabilities, the Council has disclosed all the information it holds within the scope of the request.
FOI 1: Complaint not upheld

Citations:

[2022] UKICO 140046

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683099

George v George (No 2): 24 Mar 1866

AA, who was both heir and administrator, gave to a creditor of the intestate a mortgage on the descended estate for his debt, which he covenanted to pay. The creditor thereupon gave to AB as administrator, a receipt for the debt, but no
money passed. Held, in taking an account of the personal estate of the intestate as against AB, that he was entitled to charge the amount of this debt as a payment
out of the personal estate,

Citations:

[1866] EngR 129, (1866) 35 Beav 382, (1866) 55 ER 943

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 12 December 2022; Ref: scu.280840

Department for Business, Energy and Industrial Strategy (Central Government): ICO 3 Nov 2021

The complainant has requested emails and attachments that include mention of the ‘Kent’ variant of Covid-19. The Commissioner’s decision is that Department for Business, Energy and Industrial Strategy (BEIS) has correctly cited section 12 FOIA – cost of compliance exceeds the appropriate limit, in response to the request. The Commissioner does not require BEIS to take any steps.
FOI 12: Complaint not upheld

Citations:

[2021] UKICO ic-90038

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675068

In Re The Anglo-Greek Steam Navigation And Trading Company, Limited: 8 Mar 1866

The words ‘just and equitable that the company should be wound up’ in the 5th rule of the 79th section of ‘The Companies Act, 1862, are to be considered ejusdem generis with the four prior rules.

Citations:

[1866] EngR 120, (1866) 35 Beav 399, (1866) 55 ER 950

Links:

Commonlii

Jurisdiction:

England and Wales

Company

Updated: 12 December 2022; Ref: scu.280831

Ministry of Justice (Central Government): ICO 26 Oct 2022

The complainant requested information relating to meetings that he believed to have taken place. The Ministry of Justice (MoJ) provided some information but withheld the remainder, citing section 40(2) (personal information) of FOIA. The Commissioner’s decision is that the MoJ was entitled to withhold the information by virtue of section 40(2). The Commissioner requires no steps to be taken as a result of this decision.
FOI 40: Complaint not upheld

Citations:

[2022] UKICO 149945

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683069

Borden Grammar School (Education): ICO 17 Nov 2021

The complainant requested information from Maker with Rame Parish Council (‘the Council’) about its decision-making processes, with regard to a planning application. The Commissioner’s decision is that request fell to be considered under the EIR. The Council failed to respond to the requests within 20 working days, and was therefore in breach of regulation 5(2) of the EIR. As a response has now been issued, the Commissioner does not require any steps to be taken.
EIR 5(2): Complaint upheld

Citations:

[2021] UKICO ic-65675

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675053

Charity Commission (Local Government): ICO 25 Nov 2021

The complainant requested from the Charity Commission correspondence between the Charity Commission and a charity over a specific period of time. By the date of this notice the Charity Commission had not issued a substantive response to this request. The Commissioner’s decision is that the Charity Commission has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Charity Commission to take the following step to ensure compliance with the legislation. The Charity Commission must provide a substantive response to the request in accordance with its obligations under the FOIA. The Charity Commission must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld

Citations:

[2021] UKICO ic-137600

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675059

Home Office (Central Government): ICO 1 Mar 2022

The complainant has requested, from the Home Office, information about aerial surveillance of migrants. The Home Office provided a copy of a contact, withholding some content under sections 40(2) (Personal information) and 43(2) (Commercial interests) of FOIA. At a late stage, it added reliance in sections 31(1)(a) (Prejudice to prevention or detection of crime) and section 31(1)(e) (Prejudice to operation of the immigration controls) of FOIA. The Commissioner’s decision is that a late disclosure of information satisfied section 40 so this was not considered. He also found that the Home Office was entitled to rely on sections 43(2) and 31(1)(a) and (e) to withhold the remaining information. The Commissioner does not require the Home Office to take any steps.
FOI 31: Complaint not upheld FOI 43: Complaint not upheld

Citations:

[2022] UKICO ic-81555

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.674958

London Borough of Islington (Local Government): ICO 2 Nov 2022

The complainant requested information relating to an Environmental Health complaint. London Borough of Islington (the ‘council’) refused the request under the exception for the confidentiality of proceedings – regulation 12(5)(d). The Commissioner’s decision is that the council has correctly relied on regulation 12(5)(d) to withhold the requested information. The Commissioner does not require the council to take any steps.
EIR 12(5)(d): Complaint not upheld

Citations:

[2022] UKICO 160447

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683178

Stanion Parish Council (Local Government): ICO 10 Oct 2022

The complainant requested information from Stanion Parish Council about annual financial accounts. By the date of this notice, Stanion Parish Council (‘the Council’) had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: The Council must provide a substantive response to the request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld

Citations:

[2022] UKICO 192098

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683116

Tulip Trading Ltd v Ver: ChD 9 Nov 2022

Application to set aside permission to serve out of jurisdiction.

Judges:

Mrs Justice Falk

Citations:

[2022] EWHC 2970 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 12 December 2022; Ref: scu.683411

Merton London Borough Council (Local Government): ICO 3 Mar 2022

The complainant requested information from the London Borough of Merton about a specific project team. The London Borough of Merton has failed to respond to this request. The Commissioner requires the London Borough of Merton to provide the complainant with a response to this request in accordance with its obligations under FOIA. The London Borough of Merton must take these steps within 35 calendar days of the date of this decision notice.
FOI 10: Complaint upheld

Citations:

[2022] UKICO ic-155302

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.674965

East of England Ambulance Service Nhs Trust (Health): ICO 1 Nov 2021

The complainant has requested the results of a 2020 staff survey. East of England Ambulance Service NHS Trust (‘the Trust’) has withheld the information under FOIA section 41(1) (information provided in confidence), sections 36(2)(b) and 36(2)(c) (prejudice to effective conduct of public affairs), section 40(2)(personal data) and section 38(1) (health and safety). The Commissioner’s decision is as follows: The Trust correctly applied section 41(1) to the requested information as it is information provided in confidence. The Commissioner does not require the Trust to take any remedial steps.
FOI 41: Complaint not upheld

Citations:

[2021] UKICO ic-94518

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.675083

NHS Digital (Health): ICO 4 Oct 2022

The complainant requested information from NHS Digital relating to a patient’s NHS details and previous addresses. NHS Digital refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the request was vexatious and therefore NHS Digital was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps to be taken as a result of this decision notice.
FOI 14: Complaint not upheld

Citations:

[2022] UKICO 150005

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683076

Irish Wind Farmers’ Association and Others v Commission (State Aid – Member State Legislation On Business Property Taxation – Methods for Valuation of Property – Judgment): ECJ 17 Nov 2022

Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union

Citations:

C-578/21, [2022] EUECJ C-578/21P, ECLI:EU:C:2022:898

Links:

Bailii

Jurisdiction:

European

Rating

Updated: 12 December 2022; Ref: scu.683338

Department for Education (Central Government) 166078: ICO 2 Nov 2022

The complainant has requested information on evidence and modelling uses in the development of T Level qualifications. The Department for Education refused the request under section 35(1)(a) of the FOIA. The Commissioner’s decision is that the Department for Education has correctly applied the exemption and the public interest lies in withholding the information.
FOI 35: Complaint not upheld

Citations:

[2022] UKICO 166078

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 12 December 2022; Ref: scu.683161

QRT v JBE: KBD 20 Oct 2022

Directions in a contempt application brought by the Claimant against the Defendant.

Judges:

Mr Justice Nicklin

Citations:

[2022] EWHC 2902 (KB)

Links:

Bailii

Jurisdiction:

England and Wales

Contempt of Court

Updated: 12 December 2022; Ref: scu.683804

In The Goods Of William Hinckley: 1828

Administration with a will (in which was no executor nor residuary legatee) annexed decreed to two aunts of the deceased, legatees in the will, and daughters of the grandmother-the next of kin-she being ninety years of age, and incapable.

Citations:

[1828] EngR 139, (1828) 1 Hag Ecc 477, (1828) 162 ER 650 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 12 December 2022; Ref: scu.322903

Eastpoint Block A RTM Company Ltd v Otubaga: UTLC 29 Nov 2022

Landlord and Tenant – Breach of Covenant – Right To Manage – FTT Procedure – Whether RTM Company May Apply for Determination of breach of covenant under s.168(4), Commonhold and Leasehold Reform Act 2002 – appeal dismissed

Citations:

[2022] UKUT 319 (LC)

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002 168(4)

Jurisdiction:

England and Wales

Land

Updated: 12 December 2022; Ref: scu.683777

Mahon and Others v Mahon and Others: CA 23 May 1997

Appeal from striking out of defamation action as abuse of process.

Citations:

[1997] 3 All ER 687, [1997] EWCA Civ 1770, [1998] QB 424, [1997] 3 WLR 1230, [1997] EMLR 558

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Marks v Beyfus 1890
The plaintiff claimed damages for malicious prosecution. He called the Director of Public Prosecutions as a witness, who refused to identify the name of the person who had given him the information on which he had acted against the plaintiff.
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 09 December 2022; Ref: scu.142166

Kasperbauer; Griffith v Griffith; Havens; Zorab and Griffith: CA 21 Nov 1997

Citations:

[1997] EWCA Civ 2785

Jurisdiction:

England and Wales

Citing:

Cited – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
Cited – Ottaway v Norman ChD 1971
Proof required for mutual wills claim
The testator devised his house to a Miss Hodges intending that she should dispose of the property in her will to specific individuals. He communicated his intention to her and she agreed to it. After the testator’s death, Miss Hodges changed her . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 09 December 2022; Ref: scu.143184

King v Bristow Helicopters Limited: SCS 12 Jul 2000

The pursuer and reclaimer sought damages as reparation for ‘loss, injury and damage’ which he claims to have suffered as the result of his involvement in an incident on 22 December 1993. At the relevant time the pursuer was a passenger on board a helicopter chartered by the defenders.

Judges:

Lord President, Lord Cameron of Lochbroom, Lord Reed

Citations:

[2001] 1 LLR 95, [2001] 1 Lloyd’s Rep 95, 2001 SCLR 393, [2000] ScotCS 195

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Transport

Updated: 09 December 2022; Ref: scu.163935

Regina v Criminal Injuries Compensation Board ex parte Moore: CA 23 Apr 1999

Where a claimant acquired a criminal conviction after the claim had been referred to a single board member for decision, he was entitled, despite the absence of an explicit rule, to refer the case back to the board. Reasons for a decision should normally be given. ‘The board is not required to reason out why the particular extent to reduction follows from the proved convictions . . Unless the conclusion offends logic – as this conclusion does not – it must stand. Logic does not restrict the effect of repeated offending to the gradual erosion of eligibility.’

Judges:

Sedley J

Citations:

Times 14-May-1999, [1999] EWCA Civ 1254

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Criminal Injuries Compensation Board Ex Parte Cook CA 22-Dec-1995
Where the board was refusing an application, it need not set out every matter which it had taken into account. . .

Cited by:

Cited – Regina v Criminal Injuries Compensation Board ex parte Pearson Admn 11-May-1999
The claimant sought judicial review of the Board’s decision to restrict his award by two thirds for his previous driving convictions of driving with excess alcohol and driving whilst disqualified.
Held: The Board’s decision was for them. There . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 09 December 2022; Ref: scu.146169

Hunter v British Coal Corporation, Cementation Mining Company: CA 11 Feb 1998

A workman, who did not see an accident, but suffered shock after thinking that he had caused the death, was not able to recover damages. His injury was too remote from the accident.

Citations:

Times 27-Feb-1998, Gazette 25-Mar-1998, [1998] EWCA Civ 205, [1998] 2 All ER 97

Links:

Bailii

Jurisdiction:

England and Wales

Damages, Personal Injury

Updated: 09 December 2022; Ref: scu.143683

Payne and Woodland v Mayor and Burgesses of London Borough of Barnet: CA 22 May 1997

The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers.

Citations:

Times 24-Jun-1997, [1997] EWCA Civ 1752, (1998) 10 Admin LR 185, (1998) 30 HLR 295, (1998) 76 P and CR 293

Links:

Bailii

Statutes:

Housing Act 1985

Jurisdiction:

England and Wales

Citing:

Cited – Blake and Another v Barking and Dagenham London Borough Council QBD 1-Nov-1996
A Local Authority has no duty of care for the correctness of a valuation undertaken for a right to buy transaction. It was not just or reasonable to impose a duty of care on a local authority in connection with its statement of its opinion as to . .
Lists of cited by and citing cases may be incomplete.

Land, Housing

Updated: 09 December 2022; Ref: scu.142148

Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996

The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees.
Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited to those in which the contract is or has been specifically enforceable but include those in which there is or has been a right to call for the legal estate whether presently, in the future or conditionally so as to give rise to the equitable interest or estate. . . ‘
and ‘It is not disputed that the purchaser’s lien arises by operation of law from the contract unless it is modified or excluded by express agreement of the parties or by necessary implication from the contractual arrangements the parties have entered into. The lien so arising is an unqualified equitable right. In common with all other equitable rights it is capable of being subordinated to the rights of a subsequent purchaser for value of a legal estate without notice of the equitable right. But that inherent weakness is no reason to modify the nature of the right itself. ‘

Citations:

[1996] EWCA Civ 696, [1997] 1 EGLR 153, (1998) 75 P and CR 298, [1997] 06 EG 152, [1996] NPC 136

Links:

Bailii

Statutes:

Land Registration Act 1925 70(2)

Jurisdiction:

England and Wales

Citing:

Cited – Rose v Watson HL 7-Mar-1864
The buyer had paid deposits under an unconditional contract for the purchase of land induced by the misrepresentations of the seller. On discovering the falsity of the representations the buyer rescinded the contract and successfully resisted a . .
Cited – London and South Western Railway Co v Gomm CA 1882
A grant was given to repurchase property, but was void at common law for the uncertainty of the triggering event.
Held: The ‘right’ to ‘take away’ the claimants’ estate or interest in the farm was immediately vested in the grantee of the right . .
Cited – Sainsbury v O’Connor CA 1991
Sainsbury and a Belgian company held 75% and 25% respectively of a joint venture company. Sainsbury had an option, not exercised for 5 years, to acquire the 25% holding. The option was never exercised and was cancelled. The court was asked whether . .
Cited – Hewitt v Court 15-Mar-1983
Austlii (High Court of Australia) Lien – Equitable – Contract for provision of work, labour and materials – Progress payments – Whether lien obtained over unfinished object – Whether dependent upon right to . .
Cited – Levy v Stogdon 1898
Specific performance of a contract by an assignees of the purchaser was dismissed on the grounds of delay, but his claim for a lien was upheld. . .
Cited – Whitbread and Co Ltd v Watt CA 1902
The buyer agreed to buy a house when the developer had finished 300 houses on the site, but now sought return of his deposit.
Held: The developer’s appeal against an order for the return of the deposit failed.
Williams LJ said: ‘The lien . .
Cited – Whitbread and Co Ltd v Watt ChD 1901
The purchaser contracted to purchase a plot on a building estate belonging to the vendor. The contract provided that ‘the purchase is to be completed as soon as 300 houses shall have been erected on the said estate’. Thus the contract was one under . .
Cited – Middleton v Magnay 1864
The vendor had agreed to grant a 21 year lease over certain land. In fact he only had an eight year lease in half the land. When the contract went off on account of the inability of the vendor to grant the lease contracted for the purchaser claimed . .
Cited – Ashburn Anstalt v Arnold (2) CA 25-Feb-1988
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
Cited – Lyus v Prowsa Developments Ltd ChD 1982
The plaintiffs contracted to buy a plot of registered land with a house to be built on it. The developer had charged the estate as a whole to a bank to secure the development finance. The developer became insolvent and the bank sold the estate as . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Registered Land

Updated: 09 December 2022; Ref: scu.140563

Mulder v Mason: CA 5 Dec 1995

The parties had been married. The plaintiff appealed conditions on an order reversing an order striking out his application with regard to the former matrimonial home, as being frivolous or vexatious. There had been long matrimonial proceedings, but the plaintiff claimed this claim for damages for breach of contract in letting the home was not associated with the divorce.
Held: The action was properly transferred to the county court, and on proper conditions as to payments in respect of costs.

Judges:

Judge J

Citations:

[1995] EWCA Civ 7

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 09 December 2022; Ref: scu.140366

Yorkshire Regional Health Authority v Fairclough Building Ltd and Another: CA 16 Nov 1995

The substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First Report of the Law Reform Committee (Final Report on Limitation of Actions) (Cmnd 6923) (1977). The dichotomy between amendments to existing proceedings which involved the addition or substitution of new parties and those which did not is to be found in the committee’s recommendations. The committee recommended that no change was required in the rules which enabled a new cause of action to be added out of time (a reference to Ord 20, r 5); that a minor amendment be made to allow a change in capacity to be made out of time (which required an amendment to Ord 20, r 5(4)); and that the rulemaking powers of the Supreme Court and County Court committees should be enlarged so as to confer power to enable parties to be added out of time in five specific cases which the committee had identified (which led to the addition of paras (4) to (6) to Ord 15, r 6). The purpose of these recommendations was to allow a limited number of amendments to existing proceedings to be made after the expiry of the limitation period which could not have been made before. They were not intended to deprive the court of any existing power to allow amendments after the expiry of the limitation period, nor were they intended to cover amendments which, though made after the expiry of the limitation period, were not statute-barred. It would have been completely outside the committee’s terms of reference to make any recommendation of the latter kind.’

Judges:

Millett LJ

Citations:

Ind Summary 27-Nov-1995, Times 16-Nov-1995, [1996] 1 All ER 519, [1996] 1 WLR 210

Statutes:

Limitation Act 1980 35 (2)

Jurisdiction:

England and Wales

Cited by:

Cited – Adelson and Another v Associated Newspapers Ltd CA 9-Jul-2007
The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period.
Held: The claimant was seeking to use the rules for substitution of parties to add a party. In . .
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 09 December 2022; Ref: scu.90670

Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995

Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, and where the costs would be irrecoverable from the plaintiff, solely because the solicitor had acted without a fee.
Rose LJ said: ‘Section 51(1) and (3) of the Supreme Court Act 1981 do not confer jurisdiction to make an order for costs against legal representatives when acting as legal representatives.’ and ‘In my judgment Mr Mansfield is correct in his submission that there are only three categories of conduct which can give rise to an order for costs against a solicitor:
1. It is within the wasted costs jurisdiction of section 51(6) and (7);
2. It is otherwise a breach of duty to the court, such as even before the Judicature Acts could found an order, eg if he acts even unwittingly without authority or in breach of an undertaking;
3. If he acts outside the role of solicitor, eg in a private capacity or as a true third party funder for someone else.’

Judges:

Rose LJ

Citations:

Gazette 10-Jan-1996, Independent 03-Jan-1996, Times 27-Dec-1995, [1996] 1 WLR 736

Statutes:

Supreme Court Act 1981 51(6) 51(7)

Jurisdiction:

England and Wales

Citing:

See Also – Watts v Aldington, Tolstoy v Aldington CA 15-Dec-1993
There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. . .
See Also – Tolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case.
Held: It followed from established case law that article 6(1) did not . .

Cited by:

Cited – Liubov Ford v Richard Labrador PC 22-May-2003
(Gibraltar) The appellant had failed in an action for defamation, she had been ordered to pay costs as a condition of her continuing the action.
Held: The order was made by the Chief Justice sitting as a judge of the Court of Appeal in an . .
See Also – Tolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case.
Held: It followed from established case law that article 6(1) did not . .
See Also – Watts v Aldington, Tolstoy v Aldington CA 15-Dec-1993
There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. . .
Cited – Myatt and others v National Coal Board (No 2) CA 16-Mar-2007
The parties had been involved in compensation claims. Complaint was made that the solicitors had recovered fees for action which substantially was intended to benefit the solicitor. The conditional fee agreements had been found to be unenforceable. . .
Lists of cited by and citing cases may be incomplete.

Costs, Defamation, Legal Professions

Updated: 09 December 2022; Ref: scu.89912

Regina v Birmingham Coroner’s Court Ex Parte Najada: CA 4 Dec 1995

At the inquest, the coroner had quizzed the applicant about his evidence but had not warned him, as he was required to do, about the possibility of self incrimination. The doctor then sought a review of the coroner’s verdict. The coroner now applied to have the judicial review adjourned pending the conclusion of other, criminal proceedings.
Held: It was for the person seeking to have a judicial review adjourned to justify the request. The applicant had a right to have it said that the coroner’s verdict had had A judicial review case should normally to be heard straight away, but it may be delayed to await the outcome of a criminal trial. If the applicant succeded at the criminal trial, the judicial review need not proceed in any event. The judge’s order adjourning the judicial review was upheld.

Judges:

Neill, Auld, Iain Glidewell LJJ

Citations:

Times 05-Dec-1995, Ind Summary 04-Dec-1995

Jurisdiction:

England and Wales

Judicial Review, Coroners

Updated: 09 December 2022; Ref: scu.86140

Thatcher v Douglas and Another: CA 19 Dec 1995

The Court rejected the contention that Celsteel was wrongly decided and that the Rule only applied to legal easements. The court followed Celsteel and applied it to equitable easements, holding them to be overriding interests by virtue of Rule 258. A barrister was wrong to make allegations against a judge without having supporting evidence.

Citations:

Independent 16-Jan-1996, Times 08-Jan-1996

Statutes:

Land Registration Rules 1925 8258

Jurisdiction:

England and Wales

Citing:

Applied – Celsteel Ltd v Alton House Holdings Ltd ChD 1985
An equitable easement (a right of way), which was not protected by any entry on the register, was a right openly exercised and enjoyed as appurtenant, in this case to a garage, and it adversely affected registered land as an overriding interest. The . .

Cited by:

Cited – Bhullar and Another v McArdle CA 10-Apr-2001
The defendant had registered a caution against the claimant’s land at the Land Registry. The claimant sought its removal and now appealed an order for rectification of the register against him. The parties had reached oral agreements as to the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Registered Land

Updated: 09 December 2022; Ref: scu.89791

Taylor v Anderton (Police Complaints Authority Intervening): CA 19 Jan 1995

Reports, which had been prepared for the purposes of a police complaint procedure, could be entitled to protection from disclosure under a public interest immunity certificate. The court also considered the relationship between the documentation and the decision as to whether a trial wasto be by judge alone, or with a jury. Cost is also a consideration: ‘The case as it stands will be very lengthy, very expensive, very burdensome and very difficult to control if tried by a judge alone. If tried by a judge and jury it will be even lengthier, even more expensive, even more burdensome and even more difficult to control.’ The fact that sight of a document for inspection may give the inspecting party a litigious advantage in the litigation does not of itself make production of the document unfair: ‘The crucial consideration is, in my judgment, the meaning of the expression ‘disposing fairly of the cause or matter’. Those words direct attention to the question whether inspection is necessary for the fair determination of the matter, whether by trial or otherwise. The purpose of the rule is to ensure that one party does not enjoy an unfair advantage or suffer an unfair disadvantage in the litigation as a result of a document not being produced for inspection. It is, I think, of no importance that a party is curious about the contents of a document or would like to know the contents of it, if he suffers no litigious disadvantage by not seeing it and would gain no litigious advantage by seeing it. That, in my judgment, is the test.’

Judges:

Sir Thomas Bingham MR, Rose, Morritt LJJ

Citations:

Independent 28-Feb-1995, Gazette 15-Mar-1995, Times 19-Jan-1995, [1995] 1 WLR 447

Jurisdiction:

England and Wales

Cited by:

Cited – Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd CA 15-May-1997
The defendants appealed against an order that a defamation trial should proced before a judge alone.
Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the . .
Cited – Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine CA 3-Jul-1997
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation.
Held: The . .
Cited – Brooker and Brooker v Chief Constable of Thames Valley Police CA 26-Oct-1998
The plaintiffs claimed damages against the respondents for wrongful arrest and false imprisonment. By mistake the defendants disclosed a letter from a senior officer supporting the allegation, despite which the Police Complaints Authority had denied . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Lists of cited by and citing cases may be incomplete.

Police, Defamation, Litigation Practice

Updated: 09 December 2022; Ref: scu.89742

Stinton v Stinton and Another: CA 5 Jan 1995

A passenger who was effectively involved in a joint enterprise with a drunk driver has no claim against Motor Insurers Bureau under the scheme. The MIB was not liable to a passenger who was aware that the driver had no insurance.

Citations:

Gazette 05-Jan-1995, Times 23-Nov-1994

Jurisdiction:

England and Wales

Road Traffic, Personal Injury

Updated: 09 December 2022; Ref: scu.89560

Regina v Yorkshire Regional Health Authority Ex Parte Suri, Regina v Same Ex Parte Gompels Etc: CA 5 Dec 1995

Effect of move of pharmacy is one of fact and degree for Health Authority to decide. Move of pharmacy question of geography not topography – effect on other pharmacies.

Citations:

Times 05-Dec-1995, Ind Summary 18-Dec-1995

Statutes:

National Health Service (Pharmaceutical Services) Regulations 1992

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Yorkshire Health Authourity ex parte Suri; Regina v Same ex parte Gompels (D and M) QBD 18-Jul-1994
Pharmacists list membership was dependant on the effect on the entire population, and not the patient population. A relocation within same neighbourhood was a question of fact not by ‘patient populations’. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 December 2022; Ref: scu.88359