Scottish Parliamentary Corporate Body, Re An Order Under Section 46 of The Court of Session Act 1988: SCS 27 Jul 2016
. .
Search Results for: Court of Session Act 1988 88
City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the notice. A number of informations were laid against Bovis but they were adjourned and the injunction … Continue reading City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988
Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003
The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003
John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
The House dismissed the Council’s appeal as incompetent. An opinion of the court upon questions of law given on consideration of a case stated under provisions such as those in section 3 of the 1972 Act did not constitute a ‘judgment’ within the meaning of section 40(1) of the 1988 Act. Citations: 1991 SC (HL) … Continue reading John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his house simply by reason of receiving a demand that he should quit. On … Continue reading Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
Gisborne v Burton: CA 1988
The land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the defendant. The freeholder subsequently died and his personal representatives … Continue reading Gisborne v Burton: CA 1988
Regina v McNamara: CACD 1988
In order to establish possession of a controlled drug the Crown merely had to prove that the appellant had the bag in his possession and that the bag in fact contained a controlled drug, in this case cocaine. Thereafter the burden was cast upon the appellant to bring himself within section 28 and prove, on … Continue reading Regina v McNamara: CACD 1988
McCalla, Regina v: CACD 1988
A cosh had been found in the glove compartment of the appellant’s car. He said he had picked it up a month earlier, had put it away and had forgotten about it. Held: The court reviewed the authorities on what constituted possession. Once someone had or possessed something, he continued to have or possess it … Continue reading McCalla, Regina v: CACD 1988
Morris v Liverpool City Council: CA 1988
The court was concerned with the implied statutory obligations of repair on the landlord: ‘It is common ground that the door and frame of the flat were part of the structure and exterior of the flat within the meaning of the implied statutory covenant. It is also common ground that the effect of this implied … Continue reading Morris v Liverpool City Council: CA 1988
Brickfield Ltd v Hughes: CA 1988
In considering whether a secure tenancy was lost by the tenant abandoning his residence there, the court set out the applicable principles. Where absence is more prolonged than is to be explained by holiday or ordinary business reasons and is unintermittent, the onus lies on the absent person to establish an intention to return. An … Continue reading Brickfield Ltd v Hughes: CA 1988
Webb and Barrett v London Borough of Barnet: CA 1988
The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988
Kemmis v Kemmis (Welland and Others Intervening): CA 1988
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988
Eckersley v Binnie: CA 1988
The court considered the duties of a judge considering conflicting expert evidence: ‘In resolving conflicts of expert evidence, the judge remains the judge; he is not obliged to accept evidence simply because it comes from an illustrious source; he can take account of demonstrated partisanship and lack of objectivity. But, save where an expert is … Continue reading Eckersley v Binnie: CA 1988
Regina v Ashford and Smith: CACD 1988
The defendants tried to cut the wire fence around an American Air Force base to demonstrate their opposition to nuclear weapons. They were charged with possession of an article with intent to damage property. The judge ruled that the purported reason for having the articles did not fall within the definition of a lawful excuse … Continue reading Regina v Ashford and Smith: CACD 1988
Attorney-General’s Reference (No 1 of 1988): HL 1989
The defendant received price-sensitive information. He was acquitted of ‘obtaining’ the information, the judge finding that he had done nothing positive to acquire it. On appeal the court held that no such act was required, Held: Nothing further was required than to have received the information, to be found to have obtained it. Parliament must … Continue reading Attorney-General’s Reference (No 1 of 1988): HL 1989
Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988
Citations: (1988) 20 HLR 430 Jurisdiction: England and Wales Cited by: Cited – Loveridge and Loveridge v Healey CA 20-Feb-2004 The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under … Continue reading Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988
Lloyds Bank plc v Rosset: CA 13 May 1988
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
Hornsey Local Board v Monarch Investment Building Society: CA 1889
The local authority had incurred expense in paving a street. They were entitled to apportion those expenses amongst the owners of the properties fronting onto that street and summarily to recover from the respective owners the amounts so apportioned. In addition statute provided that such expenses should be charged on the premises in respect of … Continue reading Hornsey Local Board v Monarch Investment Building Society: CA 1889
Al-Kandari v J R Brown and Co: CA 1988
A solicitor had undertaken to look after certain passports, but failed to do so. The husband had twice previously kidnapped his children whose custody was an issue before the court. Once the husband regained the passports, he again fled with the children. Held: The court should be prepared to find a duty of care on … Continue reading Al-Kandari v J R Brown and Co: CA 1988
Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
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
Rush and Tomkins Ltd v Greater London Council: HL 3 Nov 1988
The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the agreement so that it could pursue its own action. The council said that the document was covered by … Continue reading Rush and Tomkins Ltd v Greater London Council: HL 3 Nov 1988
Shearson Lehman Brothers Inc v Maclaine Watson and Co Ltd and International Tin Council (Intervener) (No. 2): HL 1988
Article 7(1) of the International Tin Council (Immunities and Privileges) Order 1972 provided that the ITC ‘shall have the like inviolability of official archives as in accordance with the 1961 Convention Articles is accorded in respect of the official archives of a diplomatic mission’. In the litigation which arose out of its insolvent collapse, the … Continue reading Shearson Lehman Brothers Inc v Maclaine Watson and Co Ltd and International Tin Council (Intervener) (No. 2): HL 1988
Regina v Martin (Colin): CACD 29 Nov 1988
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
Online Catering Ltd v Acton and Another: CA 10 Feb 2010
The claimant agreed for the defendant to repair its fleet of vehicles. The defendant, having fees outstanding, entered the claimants’ premises and removed vehicles saying falsely that they were to be repaired, and then refused to return them. The claimants said that they were not bound by the defendants terms saying that they had not … Continue reading Online Catering Ltd v Acton and Another: CA 10 Feb 2010
Compagnie Financiere du Pacifique v Peruvian Guano Co: CA 1882
Brett LJ defined the test to identify which documents are relevant for disclosure in court proceedings: ‘It seems to me that every document relates to the matters in question in the action, which not only would be evidence upon any issue, but also which, it is reasonable to suppose, contains information which may – not … Continue reading Compagnie Financiere du Pacifique v Peruvian Guano Co: CA 1882
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 . .
Salabiaku v France: ECHR 7 Oct 1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
Lord Advocate v Lord Lovat: 1880
Lord O’Hagan considered the nature of possession as regards land: ‘As to possession, it must be considered in every case with reference to the peculiar circumstances. The acts, implying possession in one case, may be wholly inadequate to prove it in . .
R and B Customs Brokers Co Ltd v United Dominions Trust Ltd: CA 1988
There was an issue whether or not the purchase by the plaintiff of a second-hand car was made ‘in the course of a business’ so as to preclude the plaintiff from relying upon the provisions of the 1977 Act.
Held: Speaking of Lord Keith’s . .
Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Apollo Engineering Ltd v James Scott Ltd (Scotland): SC 13 Jun 2013
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an . .
Apollo Engineering Ltd (In Liquidation) v James Scott Ltd: SCS 18 Jan 2012
The parties had for several years been involved in litigation and arbitration. Apollo’s funds had run out and a director sought permission to represent the company before the court. He had asked the court to make an order under article 6 of the . .
Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
Clore v Macnicol: CA 13 Jul 2004
Whether assured tenant or assured shorthold tenant. The tenant appealed against an order for possession. The tenant’s mother had been a statutory tenant under the 1997 Act. The tenant said that she had succeeded to that tenancy as an assured tenant, having been living with her mother at the date of her death and for … Continue reading Clore v Macnicol: CA 13 Jul 2004
Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004
The Society had repossessed and sold the mortgagors’ house in 1990. It knew then that there was a shortfall, but took no further recovery proceedings until 2002. What was the date from which the relevant limitation period began to run? Though the deed provided for payment of monthly instalments, it did not include an express … Continue reading Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004
Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
Pulleng v Curran: CA 1980
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them. Held: The tenant had failed to establish that the business use had ceased. The court also his argument that, if his business use had ceased, he was protected … Continue reading Pulleng v Curran: CA 1980
Thompson v Regina: CACD 26 Mar 2004
The defendant had been convicted of offences of possessing a large number of indecent images of children. Held: In such cases, the prosecution should frame the charges following the classification in R v Oliver, with a small number of representative charges out of each category with a comprehensive charge for the balance. The defence should … Continue reading Thompson v Regina: CACD 26 Mar 2004
Lavelle v Lavelle and others: CA 11 Feb 2004
Property had been purchased in the name of of the appellant by her father. She appealed a finding that the presumption of advancement had been rebutted. Held: The appeal failed. The presumption against advancement had been rebutted on the evidence. The court at first instance should keep a record of why a costs decision was … Continue reading Lavelle v Lavelle and others: CA 11 Feb 2004
Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry. Held: The court had no power to make an order to allow access for this purpose:’ truth what the Council is doing is to point to deficiencies … Continue reading Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004
Kelleher, Regina v: CACD 20 Nov 2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher. Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court could direct a jury to convict. Despite the possible defects in the direction, … Continue reading Kelleher, Regina v: CACD 20 Nov 2003
Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
Jolie v Regina: CACD 23 May 2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
Fowler De Pledge (A Firm) v Smith: CA 20 May 2003
The appellant sought two permissions to appeal. Having at one stage been legally aided in proceedings, a claim for his solicitors costs had been compromised. The court records were imperfect. It was not clear whether a circuit judge sitting as a first appeal court had directed that a matter should be heard by another circuit … Continue reading Fowler De Pledge (A Firm) v Smith: CA 20 May 2003
European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
Regina v Muhamad: CACD 19 Jul 2002
The appellant had been convicted of an offence under the section in that as a bankrupt, he ‘in the two years before the petition, materially contributed to, or increased the extent of, his insolvency by gambling or by rash and hazardous speculations’. The actus reus – the bankruptcy petition and the bankruptcy to which it … Continue reading Regina v Muhamad: CACD 19 Jul 2002
Gil v Baygreen Properties Ltd: CA 5 Jul 2002
The applicant had defended an action for possession for arrears of rent, and counterclaimed for damages for failure to repair. A compromise was put to the court, and the court took that as consent and made a possession order. The tenant appealed. Held: The court had not had jurisdiction to make the possession order and … Continue reading Gil v Baygreen Properties Ltd: CA 5 Jul 2002
Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001
Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors. Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the notice was likely to serve the purpose, and it could be valid. There was not a two stage test of … Continue reading Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001
Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, they had acted contrac bonos mores. They complained that the … Continue reading Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999
Phillips v United Kingdom: ECHR 5 Jul 2001
Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights had been infringed. The respondent government said the application for an order was … Continue reading Phillips v United Kingdom: ECHR 5 Jul 2001
West Bromwich Building Society v Wilkinson: HL 30 Jun 2005
The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation under s20. The Society said that the debt was a judgment debt which … Continue reading West Bromwich Building Society v Wilkinson: HL 30 Jun 2005
Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
City Council of Bristol v Lovell: HL 26 Feb 1998
A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998
Elitestone Ltd v Morris and Another: HL 1 May 1997
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
Masquerade Music Ltd and Others v Bruce Springsteen: CA 10 Apr 2001
The respondent was a composer who sought to restrict the import of CDs containing his music into the UK. The appellants responded putting him to strict proof of his title. The title included assignments from a partnership to limited companies, but the original documents were no longer available. He sought to have admitted in evidence … Continue reading Masquerade Music Ltd and Others v Bruce Springsteen: CA 10 Apr 2001
North British Housing Association Ltd v Sheridan: CA 29 Jul 1999
The respondent appealed against an order for possession made on the grounds that he had been convicted of breach of an order under the 1997 Act in harassing his daughter who lived nearby the premises. The tenant argued that the agreement had incorporated a version of the Housing Act before its amendment to allow possession … Continue reading North British Housing Association Ltd v Sheridan: CA 29 Jul 1999
Markfield Investments Ltd v Evans: CA 9 Nov 2000
The claimants were paper owners of land occupied by the defendant. The claimant said the acquiescence had been interrupted by an abortive court action by the claimant’s predecessor in title. Held: With regard to any particular action the relevant time, and the only relevant time, for consideration of adverse possession is that which has expired … Continue reading Markfield Investments Ltd v Evans: CA 9 Nov 2000
Sanderson v McManus: HL 6 Feb 1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed. Held: The father could not appeal on a question of fact alone. There had been delay in the matter coming before the House. The … Continue reading Sanderson v McManus: HL 6 Feb 1997
Toth, Regina (on the Application of) v Legal Services Commission: Admn 17 Jan 2002
The applicant sought a judicial review of the Commission’s refusal of his appeal against the refusal to remove a restriction on his legal aid certificate. The request had been refused on the merits after applying a cost benefit analysis, and he challenged the fairness of the procedure adopted on his appeal. He said that a … Continue reading Toth, Regina (on the Application of) v Legal Services Commission: Admn 17 Jan 2002
United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
Regina v Abdul-Hussain; Regina v Aboud; Regina v Hasan: CACD 17 Dec 1998
The law of the defence of duress arising out of threat or circumstances is in need of urgent parliamentary clarification. Appeals were allowed where the defendants hijacked an airplane in order to escape deportation to a hostile country. ‘The principles may be summarised thus. First, English law does, in extreme circumstances, recognise a defence of … Continue reading Regina v Abdul-Hussain; Regina v Aboud; Regina v Hasan: CACD 17 Dec 1998
Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001
Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000
The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000
Director of Public Prosecutions v Gregson: QBD 23 Sep 1992
A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992
Hughes v Doncaster Metropolitan Borough Council: HL 1991
A claimant’s claim for compensation on the compulsory acquisition of his land is but one claim for all those losses which flow from a compulsory acquisition of which the value of the land taken and any injury to retained land is but part of the compensation claim. The value of the land and the disturbance … Continue reading Hughes v Doncaster Metropolitan Borough Council: HL 1991
Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005
Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
Tomlin v Standard Telephones and Cables Ltd: CA 1969
Without prejudice material can be admitted if the issue is whether or not the negotiations resulted in an agreed settlement. Without considering the communications in question it would be impossible to decide whether there was a concluded settlement agreement or not. Once it has been decided that there is an agreement, only the material containing … Continue reading Tomlin v Standard Telephones and Cables Ltd: CA 1969
Lloyd v Sadler: CA 1978
One of two joint tenants under a tenancy protected under the Act, had left the property to get married and did not intend to return. The remaining tenant stayed until the end of the tenancy. The landlord claimed possession, arguing that the remaining tenant was not a statutory tenant protected by the statute because she … Continue reading Lloyd v Sadler: CA 1978
Maan Petitioner: 2001
The accused sought to defend a charge on indictment of assault on a special defence of self-defence and gave notice of an intention to attack the character of the complainer and the other two Crown witnesses. He sought the previous convictions of the complainer and these witnesses, as well as those relating to a third … Continue reading Maan Petitioner: 2001
Collier v Collier: CA 30 Jul 2002
Fraudulent Intent Negated Trust The daughter claimant sought possession of business premises from her father who held them under leases. He claimed an order that the property was held in trust for him. The judge that at the time the properties were conveyed, the father had been fearful of a potential substantial liability and it … Continue reading Collier v Collier: CA 30 Jul 2002
Cheryl Investments v Saldanha: CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business. Held: The Act will apply so long as the business activity is a significant purpose of occupation. It must be more than incidental. The business occupation must exist both at the … Continue reading Cheryl Investments v Saldanha: CA 1978
Campbell Discount Company Ltd v Bridge: HL 1962
The parties disputed the validity of a clause in a car hire contract relating to the consequences of a breach. Held: (Majority) The agreement had been terminated by breach rather than by the exercise of an option, so that the stipulated payment could be, and in fact was, a penalty. Lord Morton said that had … Continue reading Campbell Discount Company Ltd v Bridge: HL 1962
Lace v Chantler: CA 1944
The freeholder purported to let the house to the tenant ‘for the duration of the war’ Held: The term was uncertain, and therefore no lease was created. Lord Green MR said: ‘The intention was to create a tenancy and nothing else. The law says that it is bad as a tenancy. The court is not … Continue reading Lace v Chantler: CA 1944
Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
North Devon Homes Housing Association v Brazier: QBD 2003
The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act. Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to other tenants on a housing estate and the interests of those other tenants, though the … Continue reading North Devon Homes Housing Association v Brazier: QBD 2003
Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
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 mortgagee to the first defendant ‘subject to and with … Continue reading Lyus v Prowsa Developments Ltd: ChD 1982
Goodrich v Paisner: HL 1956
By a tenancy agreement, the landlord of a dwelling house let to the tenant, on a weekly tenancy, four unfurnished rooms on the first floor of the house together with the use in common with the landlord of the back bedroom on the first floor and the use, in common with the landlord and others … Continue reading Goodrich v Paisner: HL 1956
Lewisham Borough Council v Roberts: CA 1949
The council sought to exercise its powers under the Act to take possession of part of the defendant’s property. Held: Denning LJ said: ‘It is necessary to consider the nature of the power to requisition land. It is only a power to take possession of land. It is not a power to acquire any estate … Continue reading Lewisham Borough Council v Roberts: CA 1949
Regina v Collier: CACD 11 Jun 2004
The defendant appealed a conviction of possession of indecent pseudo-photographs of children. He said that he had not seen the image, and that though he had reason to know the images were indecent, he had no reason to know that they were of children. Held: The defence in section 160(2)(b) succeeded if the defendant had … Continue reading Regina v Collier: CACD 11 Jun 2004
Udall v Capri Lighting Ltd (in liquidation): CA 1987
A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment sine die. The charges were not executed, and the defendant company went into … Continue reading Udall v Capri Lighting Ltd (in liquidation): CA 1987
In Re Jolly: CA 1900
Mrs Jolly let a farm to her son who paid rent until 1881, but not thereafter, and her title to the farm was extinguished in 1893. She died in 1898. The question which arose was whether at her death any rent arrears remained due. Held: The extinction of the title also determined her entitlement to … Continue reading In Re Jolly: CA 1900
Manel and Others v Memon: CA 20 Apr 2000
A landlord gave notice to quit to a tenant subject to an assured shorthold tenancy. Held: The notice did not include the instructions and advice required by the Regulations, and so could not be said to be substantially in the same form. The notice was accordingly invalid. It had been quite wrong of the judge … Continue reading Manel and Others v Memon: CA 20 Apr 2000
Patel v Mirza: SC 20 Jul 2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Tribe v Tribe: CA 26 Jul 1995
Illegal intent alone rebutted presumption The plaintiff held 499 of the 500 issued shares of a company. In 1986 he wished to retire and transferred 30 shares to his son, one of four children, who was to take over the business. In 1988 he was worried about a bill for dilapidations, and, to safeguard his … Continue reading Tribe v Tribe: CA 26 Jul 1995
Attorney General’s Reference (No 11 of 2006) Regina v Scarth: CACD 21 Mar 2006
The Attorney General referred the defendant’s sentence to the court as being unduly lenient. The judge had remarked as to the overcrowding of prisons. He had passed a suspended sentence of 12 months in a young offenders’ institution with 100 hours community service for possession with intent to supply of a class A drug. Held: … Continue reading Attorney General’s Reference (No 11 of 2006) Regina v Scarth: CACD 21 Mar 2006
Twentieth Century Banking Corporation Ltd v Wilkinson: ChD 1977
Property was charged in 1973. The principal was be repayable in 1988 with interest. There was no provision by which a default made the power of sale exercisable or the advance repayable. When the borrower defaulted, the mortgagee had to apply to court for an order for sale in lieu of foreclosure under section 91(2) … Continue reading Twentieth Century Banking Corporation Ltd v Wilkinson: ChD 1977
Attorney General v Malta: 10 Dec 1991
The applcant challenged a provision which imposed criminal liability on a director of a body which had committed a criminal offence ‘unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence’. The Commission found the application to be manifestly ill-founded. … Continue reading Attorney General v Malta: 10 Dec 1991
Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband … Continue reading Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991
Tinsley v Milligan: HL 28 Jun 1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had … Continue reading Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
