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Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996

The period of twenty years required to establish a common under the Act was the period up to the date of the application. Judges: Dyson J Citations: [1996] EWHC Admin 385, (1996) 74 PandCR 1 Links: Bailii Statutes: Commons Registration Act 1965 Citing: Cited – New Windsor Corporation v Mellor CA 1975 The respondent had … Continue reading Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996

Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001

One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a ‘function’ relating to the land within the Act, and accordingly … Continue reading Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001

Greenwich London Borough Council v Regan: CA 31 Jan 1996

The authority had taken possession proceedings against the secure tenant for non-payment of rent, and obtained an order, suspended on condition as to payments. He again fell into arrears, and the authority made a further agreement. They now sought issue of a warrant, and the tenant argued that a new possession was required, saying that … Continue reading Greenwich London Borough Council v Regan: CA 31 Jan 1996

Coventry City Council v Finnie and Another: QBD 2 May 1996

No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation. Judges: Scott Baker J Citations: … Continue reading Coventry City Council v Finnie and Another: QBD 2 May 1996

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 price in a Section 125 Notice. Judges: Douglas … Continue reading Blake and Another v Barking and Dagenham London Borough Council: QBD 1 Nov 1996

Regina v London Borough of Harrow ex parte Fahia: 1996

After deliberately losing her tenancy, the authority had provided the appliant with temporary accomodation in a guest house, but after her housing benefits were halved she lost that accomodation also. Held: The authority had a duty to house her. The change in the level of housing benefits had operated to break the chain of causation, … Continue reading Regina v London Borough of Harrow ex parte Fahia: 1996

Regina v Greenwich London Borough Council ex parte Dukic: 1996

Judges: Toulson J Citations: [1996] 29 HLR 87 Cited by: Cited – Regina v London Borough of Wandsworth ex parte Ann Garvey Admn 8-Apr-1997 The claimant said that the housing offered to her as a single mother with four children, one hyper-active, was inadequate. It was complained that the Doctor advising the authority had included … Continue reading Regina v Greenwich London Borough Council ex parte Dukic: 1996

Scotlife Home Loans v Hedworth: CA 1996

The lender claimed possession as chargee under a legal charge granted by the respondents who filed Defences contending that the claimant had agreed to replace the secured loan and to waive its remedies for default under the charge. The claimant said the defence was misconceived. The District Judge declined to make a possession order, and … Continue reading Scotlife Home Loans v Hedworth: CA 1996

Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996

Outer House – Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability. Judges: Lord Clyde Citations: 1996 SLT 150 Statutes: Prescription and Limitation (Scotland) Act 1973 Cited by: Cited – … Continue reading Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996

Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002

Judges: Sheriff J.A. Taylor Citations: 2002 SLT 103 Links: ScotC Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Jurisdiction: Scotland Cited by: Cited – Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis CA 12-Nov-2003 The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to … Continue reading Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002

Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd: SCS 1996

(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability. Citations: 1996 SLT 1197 Cited by: Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013 The housing association was to develop … Continue reading Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd: SCS 1996

Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: QBD 1996

The applicant challenged a referral of her application for housing as a homeless person by Hammersmith back to Kirklees from where she had moved. She had a cousin in Hammersmith. Held: Her application for judical review failed. Tucker J: ‘Section 61(1) of the Housing Act provides that a local connection may be established by any … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: QBD 1996

Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996

Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within s59. Held: Such destitution was capable of being a reason within the Act, and the appeal against … Continue reading Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996

Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others: ChD 11 Jun 1998

The plaintiff had acquired land to build a hospital, which would require re-alignment of a link road, over which the defendants had rights of way. The land was also subject to a restrictive covenant in favour of the defendants. The defendants did not object, and the re-alignment of the right of way would improve the … Continue reading Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others: ChD 11 Jun 1998

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

Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996

Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the local authority had formed to assist in the acquisition and development of … Continue reading Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996

T Petitioner: OHCS 20 Aug 1996

A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, … Continue reading T Petitioner: OHCS 20 Aug 1996

Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996

Loss of a house from ignorance of benefit rules was not deliberate homelessness. Citations: Times 16-Jul-1996, (1996) 29 HLR 389 Statutes: Housing Act 1985 60(3) Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her in priority need, but … Continue reading Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996

Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996

The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under Part III of the Housing Act, 1985 so long as it … Continue reading Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996

Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996

The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority. Held: The Secretary … Continue reading Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996

Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996

The words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. Citations: Times 01-May-1996 Statutes: Housing Act 1985 59(1) Cited by: Appeal from – Regina v Kensington … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996

Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994

An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994

Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996

A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996

Gaygusuz v Austria: ECHR 16 Sep 1996

The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013

The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy would be void if any fact warranted in the proposal was wrong. The form … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Weaver, Regina (on the Application of) v London and Quadrant Housing Trust: Admn 24 Jun 2008

An assured tenant sought to challenge a possession order made for rent arrears. He said that as a public body the landlord had a duty under human rights law to pursue all posssible alternate solutions before seeking possession. Held: The property was one taken over by the Association as former local authority housing stock and … Continue reading Weaver, Regina (on the Application of) v London and Quadrant Housing Trust: Admn 24 Jun 2008

Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996

The Board considered a banking transaction and the application of a chargeback by the bank, under which a loan was made only after a deposit by a third party against which it was secured, and particularly in the context of the insolvency of the bank itself. Held: Lord Mustill discussed the need to construe a … Continue reading Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996

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

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

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd: CA 24 Oct 1996

The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association.
Held: A Local Authority had no . .

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