Hasan, Regina (on The Application of) v Secretary of State for Trade and Industry (Now Business, Enterprise and Regulatory Reform): CA 25 Nov 2008

Whether public authority under a public law duty to publish reasons for administrative decisions made under statutory power.

Judges:

The President of the Queen’s Bench Division

Citations:

[2008] EWCA Civ 1312, : [2009] 3 All ER 539

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 09 December 2022; Ref: scu.380350

Bridgman And Skinner: 1744

When a defendant pleads that the plaintiff struck him first, how far he shall not be allowed to give in evidence a very violent battery by way of justification under that plea.

Citations:

[1744] EngR 350, (1744) 2 Barn KB 418, (1744) 94 ER 591 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Torts – Other

Updated: 09 December 2022; Ref: scu.382206

Ali, Regina (On the Application of) v the Director High Security: Admn 13 Jul 2009

Claimant prisoner challenged the decision of the Defendant to maintain the Claimant’s ERC within Category A conditions as High on the basis that it was a decision that was unlawful because it was reached by an unfair procedure and/or was unreasonable; and/or was disproportionate to his Article 8 rights and/or because no proper reasons were given.
Held: Fairness required in the first instance only a decision supported by reasons in sufficient detail to enable the prisoner concerned to decide whether a worthwhile challenge to the decision can be made.

Judges:

HH Judge Pelling QC

Citations:

[2009] EWHC 1732 (Admin), [2010] 2 All ER 82

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 09 December 2022; Ref: scu.374730

Rowlands v Hodson: CA 8 Oct 2009

Judges:

Lord Justice Rimer

Citations:

[2009] EWCA Civ 1042, [2010] PNLR 8

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009
(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client.
Held: The court set out to give . .
Lists of cited by and citing cases may be incomplete.

Consumer, Legal Professions, Professional Negligence

Updated: 09 December 2022; Ref: scu.375937

Al Tamimi v Khodari: CA 8 Oct 2009

Citations:

[2009] EWCA Civ 1109, [2010] LLR 42, [2009] CTLC 288

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Khodari v Al Tamimi QBD 18-Dec-2008
Claim for repayment of the balance of eighteen loans said to have been made to the Defendant. The total loaned was about pounds 1,125,000. Less repayments, and including an additional 10 percent he claims to be entitled to on the money advanced, his . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 09 December 2022; Ref: scu.376229

British Chiropractic Association v Singh: CA 14 Oct 2009

The court heard a renewed application for leave to appeal against preliminary ruling in a cse of defamation brought by the Association against an author.
Held: Granted

Judges:

Laws LJ

Citations:

[2009] EWCA Civ 1154

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – British Chiropractic Association v Dr Singh QBD 7-May-2009
The claimant alleged defamation in the words ‘The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there . .

Cited by:

Leave to appeal – British Chiropractic Association v Dr Simon Singh CA 1-Apr-2010
The defendant appealed against a ruling that the words in an article – ‘This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments’ – were statements of fact, and were not comment.
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 09 December 2022; Ref: scu.377775

University of Plymouth v European Language Center Ltd: CA 24 Jun 2009

The University had in previous summers provided accomodation to the Center for their summer schools. In 2006, the University wrote to say it could offer only much reduced accommodation. The School said that the University had entered into a long term contract with only fees varying from year to year. When the University sued for arrears of fees from a previous year, the Center counterclaimed for the breach of an obligation to provide more places. Negotiations had been by telephone and email, as they had in earlier years, and no formal contract had been signed.
Held: The University’s appeal succeeded. Analysing the correspondence and exchanges, there was nothing to amount to offer and acceptance, and no contract was in place to support the counterclaim. This was supported by the Judge’s own difficulty in identifying its precise terms.

Judges:

Sir Andrew Morritt VC, Moore-Bick LJ, Etherton LJ

Citations:

[2009] EWCA Civ 784

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 09 December 2022; Ref: scu.365609

Ryan v London Borough of Islington: CA 19 Jun 2009

The appellant challenged a decision that the exercise of her right to buy had been withdrawn. She had insisted that the authority complete repairs before she bought the property.
Held: A tenant who delayed exercise of the right-to-buy seeking to have the property repaired might lose that right. ‘Relevant outstanding matters’ referred to matters within the conveyancing process.

Judges:

Lord Justice Waller, Lord Justice Rimer and Lord Justice Aikens

Citations:

[2009] EWCA Civ 578, Times 29-Jul-2009, [2009] 2 P and CR DG19, [2010] PTSR CS3

Links:

Bailii

Statutes:

Housing Act 1985 140

Jurisdiction:

England and Wales

Local Government

Updated: 09 December 2022; Ref: scu.347114

Parkes v Martin: CA 9 Jul 2009

The claimant appealed against the costs order made after a trial following a road traffic accident, awarding blame as to 65% for the Claimant and 35% to the defendant. The Defendant had requested costs in that proportion. After reminding himself of CPR 44.34, the court awarded the Claimant 35% of his costs on liability. However the Order left the Defendant to pay his own costs. The appeal challenged the Order as a misdirection since the Claimant was the winner having established liability albeit with a substantial reduction for contributory negligence. The suggested appropriate course was a conventional order awarding him his costs. There was nothing before the judge to justify depriving him of 65% of his costs. On appeal the defendant argued that each party had a damages claim arising from the accident. Only by chance was the Claimant ‘first off the grid’. The order left the Claimant to recover 35% and the Defendant 65% of their respective costs. Though there was no counterclaim, the Defendant had a claim which stood by. Had there been a formal counterclaim, it was submitted, the judge could have awarded to the Claimant/Appellant the costs of the claim and to the Defendant/Respondent those of the counterclaim.
Held: The appeal was dismissed. The court considered Medway Oil and Storage Company Ltd v Continental Contractors Ltd and Ors [1929] AC 88 where the court allowed that absent a direction by the court on apportionment any such order made on detailed assessment will produce injustice where a like issue arises on claim and on counterclaim. A court would be justified in apportioning costs. The judge had recognised that the outcome of the issue as to liability was determinative both of claim and of counterclaim and that the award as he made it was within his discretion.

Judges:

Rix LJ

Citations:

[2009] EWCA Civ 883, [2010] PIQR P1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Medway Oil and Storage Co Ltd v Continental Contractors Ltd HL 1929
The court set down the principles to be applied when apportioning costs between a claim and counterclaim. Where both the claim and the counter-claim are dismissed with costs, the amount that the Claimant will recover in defeating the counter-claim . .

Cited by:

Cited – Horth v Thompson QBD 6-Jul-2010
After a personal injury claim, the judge had apportioned liability and ordered each side to pay the costs of the other. The case had been allocated to the fast track.
Held: The appeal failed. The existence of the Conditional Fee Agreement did . .
Lists of cited by and citing cases may be incomplete.

Costs, Personal Injury

Updated: 09 December 2022; Ref: scu.374417

Hussain, Regina v: CACD 22 Feb 2008

Appeal from sentence to two and a half years’ imprisonment on conviction of causing death by dangerous driving.

Citations:

[2008] EWCA Crim 467, [2008] 2 Cr App Rep (S) 84

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.343005

Patterson, Regina v: CACD 24 Apr 2008

Appeal from sentence to detention at Her Majesty’s pleasure with a minimum term of 14 years less 224 days spent on remand. – 16 year old convicted of murder.
Held: ‘we have reached the conclusion that the trial judge was wrong to choose a period of 14 years and that he should have chosen a period of 12 years. To that extent this appeal is allowed.’

Citations:

[2008] EWCA Crim 1018, [2009] 1 Cr App Rep (S) 19

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.343019

Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others: CA 21 Oct 2003

The claimants complained that the receivers appointed by the bank had failed to get the best price for properties charged to the bank and sold, in that they had failed to obtain planning permissions which would have increased the values of the properties.
Held: The court was being asked ‘whether the express appointment in the mortgage of receivers as agents of the mortgagor leads to the assumption by receivers who accept such appointment of responsibilities and duties which differ from those owed by the mortgagees, and it is important that any doubt in this regard should be resolved in the interests of mortgagees, mortgagors and receivers.’

Judges:

Aldous LJ, Tuckey LJ, Lightman J

Citations:

[2003] EWCA Civ 1409, [2004] 4 All ER 484, [2004] 1 WLR 997

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Nash v Eads CA 1880
Sir George Jessel MR: ‘The mortgagee was not a trustee of the power of sale for the mortgagor, and if he was entitled to exercise the power, the Court could not look into his motives for so doing. If he had a right to sell on June 1, and he then . .
Cited – Cuckmere Brick Co Ltd v Mutual Finance Ltd CA 1971
A mortgagee selling as mortagee in possession must ‘take reasonable care to obtain the true value of the property at the moment he chooses to sell it’ and obtain the best price for the property reasonably obtainable on the open market. However, . .
Cited – Raja v Austin Gray (A Firm) CA 19-Dec-2002
A mortgagee is at all times free to consult his own interests alone as to whether and when to exercise his power of sale. The relationship and duties owed by the receiver are equitable only. Peter Gibson LJ said: ‘(1) A mortgagee with the power of . .
Cited – Medforth v Blake and others CA 26-May-1999
A receiver appointed to manage a business had duties over and above those of mere good faith. A receiver who failed to obtain discounts normally obtainable for supplies to the business might be liable for that failure. when considering the position . .
Cited – Standard Chartered Bank Ltd v Walker CA 1982
The mortgagee having obtained insufficient on the sale at auction of the property charged to recover the sum secured, applied for summary judgment against the mortgagor for that sum. The mortgagor resisted the application alleging that the mortgagee . .
Cited – Standard Chartered Bank Ltd v Walker CA 1982
The mortgagee having obtained insufficient on the sale at auction of the property charged to recover the sum secured, applied for summary judgment against the mortgagor for that sum. The mortgagor resisted the application alleging that the mortgagee . .
Cited – Yorkshire Bank Plc v Hall and Others CA 18-Dec-1998
The Court of Appeal is not strictly bound by the terms of leave to appeal given, but where the points had been specifically considered a point could only be heard with the leave of the Court of Appeal which had full power to regulate its own . .
Cited – Palk v Mortgage Services Funding Plc CA 1993
The mortgagees had obtained an Order for possession with the intention, not of proceeding to sell the property but of waiting in the hope that the market might improve. The mortgagor was anxious that the property should be sold so that the proceeds . .
Cited – Downsview Nominees Ltd and Another v First City Corporation Ltd and Another PC 19-Nov-1992
(New Zealand) The holder of a second debenture appointed receivers to the assets. The first debenture holder then also appointed receivers not to obtain repayment of its debt, but to disrupt the work of the first appointed receivers and in order to . .
Cited – Standard Chartered Bank Ltd v Walker CA 1982
The mortgagee having obtained insufficient on the sale at auction of the property charged to recover the sum secured, applied for summary judgment against the mortgagor for that sum. The mortgagor resisted the application alleging that the mortgagee . .
Cited – Re Charnley Davies Ltd (No 2) ChD 1990
An administrator owed a duty to the company over which he was appointed to take reasonable care to obtain the best price that the circumstances, as he reasonably perceived them to be, permitted, including a duty to take reasonable care in choosing . .
Cited – Tse Kwong Lam v Wong Chit Sen HL 1983
A company associated with the mortgagee purchased the land taken into possession by the mortgagee. The court considered the extent of its duties.
Held: ‘The mortgagee and the company seeking to uphold the transaction must show that the sale . .
Cited – China and South Sea Bank Limited v Tan Soon Gin PC 1990
A mortgagee’s decision on sale is not constrained by reason of the fact that the exercise or non-exercise of the power will occasion loss or damage to the mortgagor. He can sit back and do nothing. He is not obliged to take steps to realise his . .
Lists of cited by and citing cases may be incomplete.

Banking, Negligence

Updated: 09 December 2022; Ref: scu.341787

Hussain and Another, Regina v: CACD 26 Jun 2008

Appeal from sentences of six months imprisonment – use of laser beam to shine at aircraft at airport.
Held: ‘ this offence does pass the custody threshold and cannot be properly dealt with by any lesser penalty. Having regard to their pleas of guilty and the limited previous offending, we conclude that the sentence of six months was the least that could properly have been imposed. Therefore these two applications are rejected.’

Citations:

[2008] EWCA Crim 1559, [2009] 1 Cr App Rep (S) 65

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.343026

Vaughan, Regina v: CACD 24 Jun 2008

The sole point raised by the appeal concerns the direction under section 240 of the Criminal Justice Act 2003. The direction was that the time served by the appellant in custody on remand after he admitted the offences to which he was sentenced should count towards his sentence, but not the time served prior to his admission of guilt. It is submitted on the appellant’s behalf that that direction was wrong in principle and that the whole period served in custody on remand should count towards the sentence.
Held: ‘The normal and proper way to reflect a defendant’s failure to acknowledge his guilt by a plea of guilty at the first reasonable opportunity is by withholding any discount for plea (in a case of a defendant who is convicted after a trial) or given a reduced discount (in the case of a defendant, like this appellant, who pleads guilty but not at the first reasonable opportunity). To withhold the normal section 240 direction on top of withholding or reducing the discount for plea was correctly described by Mr Strongman as taking the same matter into account twice over. That is wrong in principle.’

Citations:

[2008] EWCA Crim 1613, , [2009] 1 Cr App Rep (S) 63

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.343028

First Real Estates (UK) Ltd v Birmingham City Council: Admn 1 May 2009

One of the issues presented by the present case is that of determining whether Birmingham City Council, ‘the Council’, was exercising a public function when deciding to terminate what it described as its arrangements with First Real Estates (UK) Limited, ‘FRE’, for the provision of temporary accommodation for those whom the Council was obliged to house in accordance with Part VII of the Housing Act 1996.

Judges:

Plender J

Citations:

[2009] EWHC 817 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Davy v Spelthorne Borough Council HL 13-Oct-1983
Although section 243(1)(a) provides that the ‘validity’ of an enforcement notice is not to be questioned except as therein provided, the word ‘validity’ is evidently not intended to be understood in its strict sense. It is used to mean merely . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Housing, Local Government

Updated: 09 December 2022; Ref: scu.346236

AB v Leicester City Council: CA 19 Feb 2009

Appeal from an order dismissing an appeal by the person who has become known in these proceedings as AB, against a review decision to the effect that AB was not eligible for homeless assistance from the respondent, Leicester City Council. That review decision was taken in respect of the application that had been made by AB for homelessness assistance.

Judges:

Mummery LJ, Collins LJ, Rimer LJ

Citations:

[2009] EWCA Civ 192

Links:

Bailii

Jurisdiction:

England and Wales

Housing

Updated: 09 December 2022; Ref: scu.326977

Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003

The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights.

Judges:

Ward, Keene LJJ, Munby J

Citations:

[2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15

Links:

Bailii

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000& 85, European Convention on Human Rights 5

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (Sim) v Secretary of State for the Home Department Admn 11-Feb-2003
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should . .

Cited by:

Cited – Chater, Regina (on The Application of) v Secretary of State for Justice and Another Admn 2-Aug-2010
The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 09 December 2022; Ref: scu.330946

X v Secretary of State for the Home Department: CA 7 Dec 2000

The court considered the effect of an immigrant’s mental illness on the Home Secretary’s powers to refuse to grant him exceptional leave to enter or remain.

Citations:

[2000] EWCA Civ 3026

Links:

Bailii

Statutes:

Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998

Jurisdiction:

England and Wales

Immigration, Health, Human Rights

Updated: 09 December 2022; Ref: scu.330970

Delegal v Highley: 22 Nov 1837

In an action for a libel, Plaintiff went to the country on the pleas to the first and third counts, and demurred to the pleas to the second. Having obtained judgment on the demurrer, the Court refused to allow him to withdraw the replication to the pleas to the third count, and substitute a demurrer.

Citations:

[1837] EngR 1072, (1837) 4 Bing NC 114, (1837) 132 ER 732 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Defamation

Updated: 09 December 2022; Ref: scu.314189

South Tyneside Metropolitan Borough Council, Regina (on the Application of) v The Lord Chancellor and Secretary of State for Justice and Another: CA 7 Apr 2009

The Lord Chancellor appealed against an order finding him responsible for the funding of pensions payable to former employees of magistrates courts which had since been closed.

Citations:

[2009] EWCA Civ 299

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 09 December 2022; Ref: scu.330971

Prizedome Ltd and Another v Revenue and Customs: CA 12 Mar 2009

This case is about the taxation of capital gains of groups of companies under the Taxation of Chargeable Gains Act 1992 (the 1992 Act). The appeal turns on the construction of section 177A of and Schedule 7A to the 1992 Act. Those provisions place restrictions on the set-off of ‘pre-entry losses.’ They were inserted in the 1992 Act by section 88 of the Finance Act 1993.

Citations:

[2009] EWCA Civ 177, [2009] BTC 114, [2009] STI 689, [2009] STC 980

Links:

Bailii

Statutes:

Taxation of Chargeable Gains Act 1992

Jurisdiction:

England and Wales

Capital Gains Tax

Updated: 09 December 2022; Ref: scu.317977

In re W (Children): CA 28 Jan 2009

Judges:

Thorpe, Wall, Aikens LJJ

Citations:

[2009] EWCA Civ 160

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 09 December 2022; Ref: scu.317953

Miller v Arrowsmith: 31 May 1837

Notice of a motion to dismiss the bill for want of prosecution must be served on the party’s clerk in court, and not on his solicitor; and if the clerk in court be dead, a new clerk in court must be nominated for the purpose of accepting such service.

Citations:

[1837] EngR 775, (1837) 2 Y and C Ex 563, (1837) 160 ER 520 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 09 December 2022; Ref: scu.313892