Only economic losses are recoverable following a dismissal. Citations: [1973] ICR 616 Jurisdiction: England and Wales Citing: Followed – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972 (National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages. … Continue reading Wellman Alloys Ltd v Russell: 1973
COMPENSATION – compulsory acquisition of leasehold shop units in run-down shopping centre – redevelopment – scheme – no scheme world – whether demand from purchaser – developer in no scheme world creating ransom or development value – whether such value existed independently of the scheme – claimants’ case rejected – compensation awarded on authority’s figures … Continue reading Rank Leisure and others v Castle Vale Housing Action Trust: LT 13 Aug 2001
The claimants sought to claim for personal injuries against the defendant company, now in administration, and their insurers using the 1930 Act. The insurers said they were not liable to indemnify the company. The parties disputed the standing of an agreement with the third party manufacturers to settle the claim. Held: Despite any unwelcome result, … Continue reading Horwood and Others v Land of Leather Ltd and Others: ComC 18 Mar 2010
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act. Held: (Majority) Because the land subject to notices to treat was required for a use other than agriculture the tenancies were no longer protected. The Point Gourde principle did … Continue reading Rugby Joint Water Board v Shaw-Fox: HL 1973
ECJ 1. A legal obligation in general terms requiring transport rates to be approved by public authority cannot in itself be deemed to constitute a ‘tariff obligation’ within the meaning of article 2 (5) of regulation no 1191/69. Under this provision, the distinguishing features of a tariff obligation are not only that rates are fixed … Continue reading Nv Nederlandse Spoorwegen v Minister Van Verkeer En Waterstaat: ECJ 27 Nov 1973
A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired. Held: There was no need to demonstrate any conflict of interest between the proprietor and users to establish … Continue reading Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993
The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its return. Held: The appeal succeeded. The section could only take effect once forfeiture had … Continue reading Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
It was argued that proceedings brought under s94 by information not complaint were a nullity. Held: The argument failed. A failure to comply with an abatement notice was a criminal offence, but proceedings could also be brought by complaint under s99 Citations: [1972] 1 All ER 260, [1972] 1 WLR 203 Statutes: Public Health Act … Continue reading Northern Ireland Trailers Ltd v Preston County Borough: 1972
EAT Equality Act 2010 section 27B. Victimisation. The claimant applied for a vacancy advertised by the respondent. He was qualified for the post and was the only applicant. The respondent shortlisted him but prior to interview decided to withdraw the vacancy. The HR department of the respondent thought that there was a high risk of … Continue reading Das v Ayrshire and Arran Health Board (Equality Act 2010 Section 27B Victimisation): EAT 28 Nov 2014
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953
ECHR Article 3 Positive obligations Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation Facts – The applicant alleged that she was subjected to sexual abuse by a teacher (LH) in 1973 when she was a pupil in a state-funded National School owned and … Continue reading O’Keeffe v Ireland: ECHR 28 Jan 2014
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also that there was an action estoppel. Held: An English court should not … Continue reading Barrett v Universal-Island Records Ltd and others: ChD 15 May 2006
Interpretation of CICB Scheme The court should not construe the scheme as if it were a statute but as a public announcement of what the Government was willing to do. This entails the court deciding what would be a reasonable and literate man’s understanding of the circumstances in which he could under the scheme be … Continue reading Regina v Criminal Injuries Compensation Board ex parte Webb: CA 1987
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
UTLC COMPENSATION – electricity – grant of necessary wayleave under Schedule 4 of Electricity Act 1989 – overhead line – injurious affection – whether section 44 of the Land Compensation Act 1973 applies – application of the principle of equivalence Sir Keith Lindblom, P, AJ Trott FRICS [2013] UKUT 214 (LC) Bailii Land Compensation Act … Continue reading Stynes v Western Power (East Midlands) Plc: UTLC 19 Jul 2013
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COMPENSATION – LAND COMPENSATION ACT 1973 Part 1 – runway extension at Southend Airport – whether use of extension depreciated the value of 10 representative properties – physical factors – noise – change in number and type of commercial aircraft . .
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LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease . .
LT COMPENSATION – residential dwellings – claims for injurious affection caused by the effects of physical factors following construction of a new road – Land Compensation Act 1973 Part 1. . .
Ceasing to trade after notice served did not defeat claim for compensation. Citations: Ind Summary 18-Jul-1994 Statutes: Land Compensation Act 1973 46(1) Jurisdiction: England and Wales Land Updated: 26 October 2022; Ref: scu.89207
Judges: Mr Justice Lindblom Citations: [2015] EWHC 589 (Admin) Links: Bailii Statutes: Land Compensation Act 1973 33(2) Jurisdiction: England and Wales Housing, Land Updated: 26 October 2022; Ref: scu.544291
The claimants lived near Southampton Airport. The airport was altered to allow larger aircraft to use it, and they claimed damages for the increased noise and disturbance. Land had been acquired for additional parking. The number of aircraft flying would not increase, though the number of passengers would. Held: A claim for noise disturbance could … Continue reading Brunt and others v Southampton International Airport Ltd: CA 7 Feb 2005
Carnwath LJ considered the effect of Bugajny and other cases after Sporrong: ‘ Later cases (see eg Bugajny v Poland (Application No 22531/05) (unreported) given 6 November 2007, para 56 and following) have given further guidance on the practical application of article 1 to individual cases. First, the three rules are not ‘distinct in the … Continue reading Thomas and Others v Bridgend County Borough Council: CA 26 Jul 2011
COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of a new road – noise, vibration, dust, artificial lighting – comparables – compensation assessed at pounds 1,000. Citations: [2011] UKUT 175 (LC) Links: Bailii Statutes: Land Compensation Act 1973 Jurisdiction: England and Wales Land, Damages Updated: 13 … Continue reading Lanceley v Wirral Borough Council: UTLC 9 May 2011
Compensation – Land Compensation Act 1973 Part 1 – runway extension at Birmingham Airport – Compensation determined at pounds 75,000 Citations: [2022] UKUT 228 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 09 September 2022; Ref: scu.680333
COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease from authority – entitlement to compensation under Landlord and Tenant Act 1954 s 37 – whether such entitlement precludes compensation under 1973 Act … Continue reading Evis and Another v Commission for New Towns: LT 5 Jul 2001
UTLC COMPENSATION–whether the 3 year time limit provided by section 19(3) of the Land Compensation Act 1973 for making a claim for compensation in respect of depreciation in value of interest in land caused by the use of a highway is incompatible with the claimants’ Convention rights under article 1 of the First Protocol and/or … Continue reading Thomas and Others v Bridgend County Borough Council: UTLC 29 Jul 2010
COMPENSATION – dwellinghouse – claim for injurious affection caused by the effects of physical factors following construction of new road junction and road layout adjacent to the property – compensation awarded pounds 13,200 -Land Compensation Act 1973 Part 1. Citations: [2007] EWLands LCA – 211 – 2006 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Chrisostomou v Manchester: LT 29 Mar 2007
COMPENSATION – limitation – Land Compensation Act 1973 – whether proceedings brought when notice of reference sent to Tribunal – whether notice of reference a nullity if failing to identify all persons interested in the land – held claim not statute barred – 1973 Act s 16, Limitation Act 1980 s 9(1), Lands Tribunal Rules … Continue reading O’Donovan v Manchester (Ringway) Airport Plc: UTLC 26 Aug 2009
Compensation – Land Compensation Act 1973 Part 1 – Highway not maintainable at public expense within 3 years of opening – Effect of agreement to adopt under s.38(3) of Highways Act 1980 – Interpretation of s. 19(3) of Land Compensation Act under s.3 of Human Rights Act 1998 – Meaning of ‘0n his behalf’ in … Continue reading O’Connor and Another v Wiltshire County Council: LT 6 Feb 2006
COMPENSATION – Land Compensation Act 1973 Part 1 – residential dwelling – claim for injurious affection caused by the effects of noise, vibration, smell, fumes and artificial light following construction of a new road junction and associated road widening adjacent to the property – compensation nil Citations: [2005] EWLands LCA – 12 – 2004 Links: … Continue reading Mohammed v York City Council: LT 27 Jan 2005
LT COMPENSATION – preliminary issue – Land Compensation Act 1973 Part I – house affected by road traffic noise – whether claimant owner at relevant date – whether claim statute-barred – held claimant not entitled to make claim Citations: [2003] EWLands LCA – 37 – 2002 Links: Bailii Statutes: Land Compensation Act 1973 Jurisdiction: England … Continue reading Owen v Highways Agency: LT 16 May 2003
LT COMPENSATION – Land Compensation Act 1973 Part I – house affected by road alterations acquisition by agreement of right to enter land to build wall for purpose of works compensation paid pursuant to this – held claim under Part I precluded – 1973 Act s 8 Citations: [2008] EWLands LCA – 102 – 2006 … Continue reading Lall and Another v Transport for London: LT 31 Jan 2008
The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and was not a highway maintainable at public expense. Held: The road had been constructed for … Continue reading O’Connor and Another v Wiltshire County Council: CA 9 May 2007
LT COMPENSATION – Land Compensation Act 1973, Part 1 – residential dwelling – injurious affection – effects of noise, dust, fumes and artificial lighting following construction of a highway improvement scheme – compensation awarded: Nil Citations: [2004] UKLANDS LCA – 108 – 2004 Links: Bailii Statutes: Land Compensation Act 1973 Land Updated: 04 July 2022; … Continue reading Barrett v London Borough of Sutton: LT 28 Oct 2005
LT COMPENSATION – Land Compensation Act 1973 Part I – aerodrome – substantial alterations to aprons – whether purpose or main purpose the provision of facilities for a greater number of aircraft – held that it was not – 1973 Act section 9(6) Citations: [2003] EWLands LCA – 225 – 2001 Links: Bailii Statutes: Land … Continue reading Brunt and others v Southampton International Airport Ltd: LT 19 Dec 2003
LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development corporation – hoardings removed by corporation – whether claimant displaced in consequence of acquisition – whether corporation an authority possessing compulsory … Continue reading Mills and Allen Ltd v Commission for New Towns: LT 20 Feb 2001
COMPENSATION – claim under Part 1 of Land Compensation Act 1973 – residential dwelling- injurious affection- effects of noise, vibration, smell, fumes and the discharge on to the land of liquid substances, following construction of a new road bridge adjacent to the property. Compensation awarded andpound;600. Citations: [2000] EWLands LCA – 92 – 1999 Links: … Continue reading Clarke v Highways Agency: LT 10 Jan 2000
COMPENSATION – Disturbance – rehousing following Closing Order – claim for disputed items – kennelling costs – loss of garden equipment and plants, cooker and fridge, use of garage – loss on forced sale of car – temporary accommodation — increased travel costs – interest on loans – expenses – Land Compensation Act 1973 Section … Continue reading Adam v Woking Borough Council: LT 7 Feb 2000
The airport was the operator liable for compensation. The apron was extended to allow for two more helicopters to be based at the airport, and a neighbouring householder claimed compensation for loss to the value of his house. The Secretary’s certificate was correct. The works were substantial alterations and the requirements of the section had … Continue reading Regina (on the application of Gilbert) v Plymouth City Airport Limited; W W Thomas v Secretary of State for Transport, Environment and Regions: CA 8 Feb 2001
Appeal from refusal of home loss payment Citations: [2002] EWCA Civ 290 Links: Bailii Statutes: Land Compensation Act 1973 Jurisdiction: England and Wales Housing Updated: 29 May 2022; Ref: scu.216795
Citations: [2002] EWCA Civ 204 Links: Bailii Statutes: Land Compensation Act 1973 459 Jurisdiction: England and Wales Company Updated: 29 May 2022; Ref: scu.216782
The builders had agreed as part of the planning process to indemnify the council against all claims incidental to the carrying out of the works for which permission was given. The council had to compulsorily purchase land, and sought repayment from the contractors of the compensation it had to pay. Held: In the natural interpretation … Continue reading Wiltshire County Council v Crest Estates Ltd. and others: CA 5 Aug 2005
UTLC COMPENSATION – Land Compensation Act 1973, Part 1- residential dwelling injurious affection – effects of noise, dust, fumes and artificial lighting following construction of a highway improvement scheme – compensation nil Judges: Francis FRICS Citations: [2009] UKUT B2 (LC) Links: Bailii Statutes: Land Compensation Act 1973 Jurisdiction: England and Wales Land, Damages Updated: 26 … Continue reading Scholes v Kirklees Council: UTLC 7 Dec 2009
UTLC COMPENSATION – Compulsory purchase of shop and residential accommodation – valuation – basic loss payment – compensation determined at pounds 550,000 – Land Compensation Act 1961 section 5, rule (2)and Land Compensation Act 1973, section 33A Citations: [2010] UKUT 46 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5, Land Compensation Act 1973 33A … Continue reading Jedynak v Stratford-On-Avon District Council: UTLC 19 Feb 2010
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
Where a local authority came to be obliged to pay compensation for home loss to a tenant, there was nothing usually to prevent the authority setting off against that sum any rent arrears. The two balances arose out of the same relationship, that of landlord and tenant. This may not always apply, the answer may … Continue reading Khan v Islington London Borough Council: CA 6 Jul 1999
LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development corporation – hoardings removed by corporation – whether claimant displaced in consequence of acquisition – whether corporation an authority possessing compulsory … Continue reading Mills V Allen Ltd v Commission for New Towns (trading as English Partnerships): LT 31 Dec 2000
‘Should this court overturn the decision of the Upper Tribunal (Lands Chamber) (‘the Tribunal’) not to award successful claimants their costs of pursuing claims for compensation under Part 1 of the Land Compensation Act 1973 on the indemnity basis, where the compensation awarded to them had exceeded offers of settlement made by them before the … Continue reading Mann and Others v Transport for London: CA 29 Jun 2018
LT COMPENSATION – simplified procedure – compulsory acquisition of grassland with hardstanding and shed – whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement – whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 – whether compensation for reinstatement can be claimed as disturbance … Continue reading Nicholls v Highways Agency: LT 31 Dec 1997
COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of second runway at Manchester Airport – noise, vibration and fumes – impact of agreed increase in noise – analysis of conflicting valuation evidence – compensation assessed at pounds 72,500 and pounds 40,000 [2010] UKUT 370 (LC) Bailii … Continue reading Robertson and Others v Manchester Airport Plc: UTLC 25 Oct 2010
UTLC COMPENSATION – Land Compensation Act 1973 Part I – dwelling houses – depreciation in value from physical factors caused by the Coulsdon Relief Road – relevance of noise evidence – valuation evidence based upon transactions and agreed values – transactions preferred – compensation determined at 1% and 4% of agreed switched off values. [2016] … Continue reading Goodman and Others v Transport for London: UTLC 5 Apr 2016
UTLC COMPENSATION – Land Compensation Act 1973 Part I – aerodrome – preliminary issues – runway or apron alterations – relevant date – estoppel – limitation – validity of claim notices – occupation by government department – whether alterations pursuant to a single planning permission but separated by five years a single ‘scheme’ – Johnston … Continue reading Johnston and Others v Tag Farnborough Airport Ltd: UTLC 15 Oct 2015
UTLC COMPENSATION – Land Compensation Act 1973 Part 1 – dwelling house – depreciation by physical factors caused by upgrading of adjacent roundabout – compensation of andpound;75,000 awarded N J Rose FRICS [2014] UKUT 501 (LC) Bailii Land Compensation Act 1973 England and Wales Land Updated: 04 January 2022; Ref: scu.552344
UTLC COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of High Speed 1 – impact of increase in noise, if any – whether compensating authority’s expert evidence admissible – held that it was – analysis of conflicting noise and valuation evidence – whether evidence of agreed … Continue reading Toms and Another v The Secretary of State for Transport: UTLC 3 Feb 2011
UTLC COMPENSATION – disturbance – rehousing – claim for disputed costs associated with move -Land Compensation Act 1973, section 38 – statutory disturbance 2,207.30 Pounds [2014] UKUT 232 (LC) Bailii Land Compensation Act 19735 838 England and Wales Land Updated: 04 December 2021; Ref: scu.526455
Absurdity did not defeat a clear clause A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended. Held: The tenants’ appeal failed (Lord Carnwath dissenting). The words were clear, … Continue reading Arnold v Britton and Others: SC 10 Jun 2015
The court held that they were not precluded by an application made under the 1994 Act against assets of the husband from making an order in favour of the wife under the 1973 Act. The court discharged the Receiver appointed under section 29(2) DTA 1994 and dismissed an application by HM Customs and Excise for … Continue reading H M Customs and Excise and Another v MCA and Another: 18 Apr 2002
The plaintiff sought damages following the death of her husband when working for the defendants. He had died on 5 September 1967 but the writ was not issued until Monday 7 September 1970. The applicable limitation period was 3 years, which the defendants relied upon. The plaintiff argued that since the writ could not be … Continue reading Pritam Kaur v S Russell and Sons Ltd: QBD 1 Jun 1972
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The parties contested ancillary relief on their divorce. The marriage had been very long, and the assets were very substantial. The husband contended that these assets represented an exceptional contribution on his part. Held: In this case an unequal division would reflect the husband’s special and exceptional contributions. As to the balance between the cases … Continue reading Sorrell v Sorrell: FD 29 Jul 2005
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
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
Compensation orders to recompense loss resulting from offences charged. Citations: Times 03-Jan-1994 Statutes: Powers of Criminal Courts Act 1973 35-1 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86490
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price than would have been obtained had the charter continued for … Continue reading Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017
The Council appealed a decision of the Assembly extending time for compliance with an enforcement notice from two months to two years. They believed that an error of law had occurred insofar as a 1973 permission had expired. The only works undertaken within the initial five year period were of demolition. The Act as it … Continue reading Ceredigion County Council v National Assembly for Wales, and E D Harrison: Admn 21 Sep 2001
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The employer complained that she should only have been awarded SSP. The EAT … Continue reading Burlo v Langley and Carter: CA 21 Dec 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
The court asked whether proceedings under s99 were civil or criminal. Held: ‘the proper interpretation of this section [section 99] leads to the conclusion that the individual can by information invoke section 94′ The offence was under s94 initiated by complaint under s99. Section 99 enabled an individual to bring proceedings by information in a … Continue reading Regina v Newham Justices, ex parte Hunt etc: CA 1976
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from … Continue reading Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing the value until the result was available. Held: The starting point for measuring damages was the difference … Continue reading McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd): ChD 14 Jan 2003
The employee had been dismissed. Her contractual notice period was longer than the statutory period. Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had … Continue reading Sally Harper v Virgin Net Limited: CA 10 Mar 2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that … Continue reading Meikle v Nottinghamshire County Council: EAT 19 Aug 2003
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages. Held: The common law rules and authorities on wrongful dismissal are irrelevant. That cause of action is quite unaffected by the Act which has created an entirely … Continue reading Norton Tool Co Ltd v Tewson: NIRC 30 Oct 1972
The court was concerned with the refusal of the magistrates to make a compensation order after a plea of guilty to a statutory nuisance. The magistrates had also refused to award costs of the adjourned hearing at which compensation had been sought. Held: The court declined to interfere with the refusal of the compensation, but … Continue reading Davenport v Walsall Metropolitan Borough Council: CA 17 Mar 1995
The claimants suffered vibration white finger working for the defendants with percussive tools over many years to 1987, but then continued in other employments which also involved vibrating tools and which caused further damage. The claimants made claims in negligence against the defendants, in which the judge found that, in the light of their knowledge … Continue reading Allen and Others v British Rail Engineering Ltd and Another: CA 23 Feb 2001
The defendant company sought to rely upon an exemption clause. Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the … Continue reading Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000
There is no presumption in favour of a clean break provision in an ancillary relief claim. A nominal award of maintenance was appropriate where the wife’s long dependency and continued responsibility for children made future earning capacity problematic. A dismissal of a claim for maintenance where the wife was relatively mature should not be expected. … Continue reading SRJ v DWJ (Financial Provision): CA 20 Oct 1999
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
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
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
Judge’s attention to be drawn to actual loss sustained for a compensation order to be made. If property is stolen and recovered undamaged, it is not open to the court to make a compensation order in respect of the value of the goods. Citations: Gazette 03-Nov-1993, Times 15-Oct-1993, 15 Cr App R (S) 415 Statutes: … Continue reading Regina v Tyce: CACD 15 Oct 1993
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996