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Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965

The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made. Held: The court can interfere if the decision maker has taken into account a consideration which is immaterial, or failed to take account of … Continue reading Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965

Secretary of State for Communities and Local Government v Bovale Ltd and Another: CA 11 Mar 2009

The applicant had sought to quash a refusal of its plannng application. An order had been made for the service of evidence, and the judge had set down an order which was expressed to be of more general application. The Secretary of State now appealed saying that the order had been ultra vires the judge. … Continue reading Secretary of State for Communities and Local Government v Bovale Ltd and Another: CA 11 Mar 2009

Jaggard v Sawyer and Another: CA 18 Jul 1994

Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994

Yeboah v Crofton: CA 31 May 2002

The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order. Held: The EAT must be careful not to take disagreements as to findings on facts as faults in law. No appeal on a question of law should … Continue reading Yeboah v Crofton: CA 31 May 2002

Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

Basso and Another v Regina: CACD 19 May 2010

The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010

Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: HL 21 Jan 2009

The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. Typically the process took many months. Held: The procedure asked only if the employer reasonably considered … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: HL 21 Jan 2009

Revenue and Customs v Smallwood and Another: CA 8 Jul 2010

The taxpayers had set up trusts which they said were based in Mauritius allowing them to claim double taxation relief. The Revenue had issued closure notices, confirmed by the SPCT, but overturned by the High Court. The Revenue appealed, saying that the trust was resident in the UK. Held: The appeal suceeded (Patten LJ dissenting … Continue reading Revenue and Customs v Smallwood and Another: CA 8 Jul 2010

McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. Time was not initially of the essence of the … Continue reading McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

Star Energy Weald Basin Ltd and Another v Bocardo Sa: SC 28 Jul 2010

The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now appealed against an order reducing … Continue reading Star Energy Weald Basin Ltd and Another v Bocardo Sa: SC 28 Jul 2010

Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002

The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the property because of her fears of burglary. She did not pay him … Continue reading Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002

Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014

The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it. Held: The claim failed. The planning inspector’s report is the starting-point for the Secretary of State’s deliberations. However, it is his statutory function to make a planning judgment … Continue reading Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014

HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000

Restitutionary Claim against Pofits from Breach The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not first seeking authority to publish. … Continue reading HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000

Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010

The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to take disciplinary proceedings without allowing him legal representation. The school now appealed … Continue reading G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law. Held: The decision was … Continue reading Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999

HLB Kidsons (A Firm) v Lloyds Underwriters (Policy No 621/Pkid00101) and others; Comc 22 Nov 2007

References: [2007] EWHC 2699 (Comm) Links: Bailii Coram: Gloster J This case cites: Main Judgment – HLB Kidsons (A Firm) -v- Lloyds Underwriters Subscribing To Lloyds Policy No 621/Pkid00101 and others ComC (Bailii, [2007] EWHC 1951 (Comm)) . . This case is cited by: See Also – HLB Kidsons (A Firm) -v- Lloyd’s Underwriters Subscribing … Continue reading HLB Kidsons (A Firm) v Lloyds Underwriters (Policy No 621/Pkid00101) and others; Comc 22 Nov 2007

Reports

The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports