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Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985

The officer had entered a fair rent for a caravan. The site owner sought the vacation of the entry. The caravan was fully mobile, but was also connected to mains water and electric and sewage. The connections were easily removed, and the caravan was from time to time moved. Held: Whether a caravan counted as … Continue reading Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985

In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

Haysport Properties Ltd, Regina (on the Application of) v Rent Officer of West Sussex Registration Area: CA 31 Jan 2001

Challenge to rent for regulated tenany. Judges: Peter Gibson, Chadwick, Keene LJJ Citations: [2001] EWCA Civ 237, [2001] L and TR 37, [2001] 21 EG 168, [2001] 2 EGLR 63, [2001] 6 EGCS 163, (2001) 33 HLR 71 Links: Bailii Statutes: Rent Act 1977 67(1) Jurisdiction: England and Wales Housing Updated: 27 June 2022; Ref: … Continue reading Haysport Properties Ltd, Regina (on the Application of) v Rent Officer of West Sussex Registration Area: CA 31 Jan 2001

Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977

The principle to the effect that the court should exercise its discretion to restrain a distress levied by a landlord before the commencement of a winding-up only where there were special circumstances rendering it inequitable that he should be permitted to do so, applies also to a distress levied by the Crown under a statutory … Continue reading Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977

Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979

Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of ‘worker’ for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within … Continue reading Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979

Director of Public Prosecutions v Stonehouse: HL 1977

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977

Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998

When choosing areas for assessment of amenity values and scarcity values an area in which a tenant could reasonably expect to choose from ignoring the amenity area, but not a really large area such as the South East of England. Citations: Times 11-Dec-1998, Gazette 03-Feb-1999 Statutes: Rent Act 1977 70(1) 70(2) Jurisdiction: England and Wales … Continue reading Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998

BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977

(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract. Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the parties have not thought fit to express. In their … Continue reading BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977

Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

Yeoman’s Row Management Ltd v Chairman of the London Rent Assessment Committee: Admn 19 Apr 2002

The respondent had determined a fair rent under the 1977 Act, on the grounds that LRAC had adopted an impermissible approach to the question of whether any ‘scarcity’ deduction fell to be made and to its assessment of that deduction as 30%. Judges: Mr Justice Ouseley Citations: [2002] EWHC 835 (Admin) Links: Bailii Statutes: Rent … Continue reading Yeoman’s Row Management Ltd v Chairman of the London Rent Assessment Committee: Admn 19 Apr 2002

Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977

Europa The wording of the second subparagraph of article 40(3) of the Treaty does not refer in clear terms to the relationship between different industrial or trade sectors in the sphere of processed agricultural products . This does not alter the fact that the prohibition of discrimination laid down in the aforesaid provision is merely … Continue reading Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977

Dorothy Perkins Ltd v Dance: 1977

The court considered the difficulties in categorising and comparing employments: ‘Having then identified the parties, having then acquainted themselves with the nature of the contractual employment, the next thing that has to be done is to look at the position in very broad general terms. The old saying that it is sometimes difficult to see … Continue reading Dorothy Perkins Ltd v Dance: 1977

Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977

When a court sets a new rent on an application for a new lease under the 1954 Act, the valuation date is, in practice, the date upon which it sets the new rent, taking effect from the date when the new lease is to be executed, although striclty according to the words of the section, … Continue reading Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977

Commonwealth Construction Co Ltd v Imperial Oil: 1977

(Supreme Court of Canada) de Grandpre J said: ‘On any construction site, and especially when the building being erected is a complex chemical plant, there is ever present the possibility of damage by one tradesman to the property of another and to the construction as a whole. Should this possibility become reality, the question of … Continue reading Commonwealth Construction Co Ltd v Imperial Oil: 1977

Woodward v Hutchins: CA 1977

An injunction was sought to restrain publication of confidential information about a well-known pop group, starring Tom Jones and Engelbert Humperdinck. As the group’s press agent, the defendant’s role had been to see that the group received favourable publicity. However, after parting company, amicably, with the group, the defendant disclosed ‘no doubt, for a very … Continue reading Woodward v Hutchins: CA 1977

Singer and Friedlander Ltd v Wood: 1977

Valuers acting competently and professionally may reach widely varying conclusions as to value. There is a permissible margin of error, the ‘bracket’. What can properly be expected from a competent valuer using reasonable care and skill is that his valuation falls within this bracket. A valuation that falls outside the permissible margin of error calls … Continue reading Singer and Friedlander Ltd v Wood: 1977

National Union of Taylors and Garment Workers v Charles Ingram and Company Ltd: EAT 1977

The Union said that it had been recognised by the employers even though there was no written agreement. Held: Phillips J said: ‘Recognition’ plainly, we think, implies agreement – which, of course, involves consent. That is to say, it is a mutual process by which the employers recognise the union, which obviously agrees to be … Continue reading National Union of Taylors and Garment Workers v Charles Ingram and Company Ltd: EAT 1977

United States v Ramsey: 6 Jun 1977

United States Supreme Court – Title 19 U.S.C. ss 482 and implementing postal regulations authorize customs officials to inspect incoming international mail when they have a ‘reasonable cause to suspect’ that the mail contains illegally imported merchandise, although the regulations prohibit the reading of correspondence absent a search warrant. Acting pursuant to the statute and … Continue reading United States v Ramsey: 6 Jun 1977

Regina v Rent Officer for West Sussex Registration Area, Ex Parte Haysport Properties Ltd: CA 22 Mar 2001

Repairs which had the effect of changing a house into one fit for human habitation were to be included as changes to the ‘condition of the dwelling house’. This being so the landlord was entitled to apply again to the rent officer for a new fair rent to be registered even though it was less … Continue reading Regina v Rent Officer for West Sussex Registration Area, Ex Parte Haysport Properties Ltd: CA 22 Mar 2001

Regina (Haysport Properties Ltd) v Rent Officer for West Sussex Registration Area: CA 26 Apr 2001

Repairs which had the effect of changing a house into one fit for human habitation were to be included as changes to the ‘condition of the dwelling house’. This being so the landlord was entitled to apply again to the rent officer for a new fair rent to be registered even though it was less … Continue reading Regina (Haysport Properties Ltd) v Rent Officer for West Sussex Registration Area: CA 26 Apr 2001

The Teno: 1977

The court considered the circumstances necessary to establish a right to a set-off in equity: ‘where the cross-claim not only arises out of the same contract as the claim but is so directly connected with it that it would be manifestly unjust to allow the claimant to recover without taking into account the cross-claim there … Continue reading The Teno: 1977

Nova (Jersey) Knit Ltd v Kammgarn Spinnerei GmbH: HL 1977

English and German companies traded in partnership. They agreed that all disputes between them should be arbitrated in Germany. The English company sold machinery to the German company and by way of payment received some 24 bills of exchange. After the first six bills of exchange had been paid, the German company refused further payment … Continue reading Nova (Jersey) Knit Ltd v Kammgarn Spinnerei GmbH: HL 1977

F R Evans (Leeds) Ltd v English Electric Co Ltd: 1977

On the rent review of a large factory of which the only potential occupier was the tenant in question, one should assume a hypothetical landlord and hypothetical willing tenant so that the rental levels were not affected by one or both parties being in a monopoly position. A hypothetical willing seller and a hypothetical willing … Continue reading F R Evans (Leeds) Ltd v English Electric Co Ltd: 1977

Clyde and Co v Secretary of State for the Environment: CA 1977

Planning permission had been granted for an office block, together with 8 flats as part of the same building. The building was largely erected, with the residential part incomplete. There was an application to change the existing permitted use of the residential part of the block to office use. That application was refused. The resulting … Continue reading Clyde and Co v Secretary of State for the Environment: CA 1977

In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977

An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977

Nash v Ryan Plant International Limited: 1977

The court considered the meaning of the word ‘refer’ in the section. Held: Words such as ‘deliver’ or ‘present’ ordinarily require that the transfer shall be completed. Words like ‘send’ or ‘despatch’ do not. The argument on the word ‘referred’, suggest that its meaning is imprecise, and that it is much coloured, as meaning either … Continue reading Nash v Ryan Plant International Limited: 1977

Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

Theodorus Engelbertus Sanders v Ronald van der Putte: ECJ 14 Dec 1977

Europa Convention of 27 September 1968 – exclusive jurisdiction – matters relating to tenancies of immovable property – strict interpretation – business carried on in immovable property rented from a third party by the lessor -agreement to run the business – application of article 16 excluded – dispute as to the existence of such an … Continue reading Theodorus Engelbertus Sanders v Ronald van der Putte: ECJ 14 Dec 1977

Forebury Estates Ltd v Chiltern Thames and Eastern Rent Assessment Panel and Others: QBD 11 Jul 2000

Where a rent assessment committee was considering the setting of a rent, it was appropriate to take account of the lists of rents of local local authorities. The connection is however to be made only with care. A high availability or scarcity of a housing list might affect the level of rents of privately available … Continue reading Forebury Estates Ltd v Chiltern Thames and Eastern Rent Assessment Panel and Others: QBD 11 Jul 2000

Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee: QBD 13 Jul 1994

The rent assessment committee had rejected proposed market rent comparables as an indicator of market rent for the premises, because they were not satisfied of the actual absence of scarcity. The landlord had not demonstrated the unsoundness of registered fair rent comparables. Held: The court set out the principles to be followed in assessing fair … Continue reading Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee: QBD 13 Jul 1994

Anns and Others v Merton London Borough Council: HL 12 May 1977

The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977

Murphy v Brentwood District Council: HL 26 Jul 1990

Anns v Merton Overruled The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval under the building bye-laws. The Council approved them. The Council was … Continue reading Murphy v Brentwood District Council: HL 26 Jul 1990

Nelson v British Broadcasting Corporation: CA 1977

Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977

Director of Public Prosecutions v Humphrys: HL 1977

Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. He was acquitted. Later he was charged with perjury said to arise from his … Continue reading Director of Public Prosecutions v Humphrys: HL 1977

Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014

LRA A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can only be protected on the register by a notice at least where the rentcharge is to end in … Continue reading Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014

Robinson v Robinson (Practice Note): CA 2 Jan 1982

The husband was a serving soldier who had had various postings abroad. The wife returned home, where she discovered that she was pregnant. He followed her home, but she left him, and applied for maintenance. The justices found that she had deserted him, and that her behaviour was ‘gross and obvious misconduct’ and reduced her … Continue reading Robinson v Robinson (Practice Note): CA 2 Jan 1982

Dahlia Ltd v Four Millbank Nominees Ltd and Another: CA 24 Nov 1977

Appeal against strike out of statement of claim. The plaintiffs had negotiated with the defendants for the purchase of several properties. Though formal contracts were never exchanged, the plaintiffs said that they had the benefit of a unilateral contract to enter into a binding written contract. Buckley, Orr, Goff LJJ [1977] EWCA Civ 5, [1978] … Continue reading Dahlia Ltd v Four Millbank Nominees Ltd and Another: CA 24 Nov 1977

Powell v McFarlane: ChD 1977

Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

Town Investments Ltd v Department of the Environment: HL 2 Mar 1977

The House considered the application of Orders made under the Counter-Inflation Acts 1972 and 1973 to premises let initially to the Minister of Works and then to the Secretary of State for the Environment for occupation by civil servants. Each of the relevant counter-inflation Orders contained definitions of ‘business tenancy’ and ‘business’. Held: In view … Continue reading Town Investments Ltd v Department of the Environment: HL 2 Mar 1977

Gouriet v Union of Post Office Workers: HL 26 Jul 1977

The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977

In re D (An Infant) (Adoption: Parent’s Consent): HL 1977

The father opposed adoption of a child by the mother and her new husband. The House was asked whether his opposition was unreasonable. Held: Lord Wilberforce said: ‘What, in my understanding, is required is for the court to ask whether the decision, actually made by the father in his individual circumstances, is, by an objective … Continue reading In re D (An Infant) (Adoption: Parent’s Consent): HL 1977

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Miller v Jackson: CA 6 Apr 1977

The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of cricket balls landing in their gardens. The defendant appealed. Held: A factor to be … Continue reading Miller v Jackson: CA 6 Apr 1977

Gleeson v J Wippell and Co Ltd: ChD 1977

The court considered the circumstances giving rise to a plea of res judicata, and proposed a test of privity in cases which did not fall into any recognised category. ‘Second, it seems to me that the sub-stratum of the doctrine is that a man ought not to be allowed to litigate a second time what … Continue reading Gleeson v J Wippell and Co Ltd: ChD 1977

Orakpo v Manson Investments Ltd: HL 1977

Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of payments of interest and moneys due but was successful in his defence that all … Continue reading Orakpo v Manson Investments Ltd: HL 1977

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008

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

Massey v Crown Life Insurance Company: CA 4 Nov 1977

Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977

Oren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited: PatC 1 Feb 1999

One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .

Acts

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Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005

The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes … Continue reading Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005

Arogol Company Ltd v Rajah: CA 21 Mar 2001

Defendant’s appeal from an order granting the claimant a possession order in respect of a ground floor flat. The basic question in the proceedings was whether the defendant had a tenancy protected under the Rent Act 1977. Held: The appeal succeeded. Citations: [2001] EWCA Civ 454, [2002] HLR 21, (2001) 82 P and CR DG7 … Continue reading Arogol Company Ltd v Rajah: CA 21 Mar 2001

Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996

A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable. Held: It was wrong to assess … Continue reading Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996

Wagle v Trustees of Henry Smith’s Charity Kensington Estate: CA 1990

The tenant had used the premises for both residential and business use. He claimed that, the business use having ceased, he had the protection of the 1977 Act. Held: The Pulleng case required te court to reject the tenant’s argument. The meaning of the phrase ‘let as a separate dwelling’ had contracted and no longer … Continue reading Wagle v Trustees of Henry Smith’s Charity Kensington Estate: CA 1990

Jones v Cook: CA 1990

The defendant held a tenanted property. The landlords sought possession, saying that the local authority would provide suitable alternative accommodation nearby. The authority provided a certificate to say that the accommodation would be similar. The judge accepted the certificte without investigating further. The tenant appealed saying that the certificate did not say just what accommodtion … Continue reading Jones v Cook: CA 1990

Cadogan Estates Limited v McMahon: HL 26 Oct 2000

When a tenancy was terminated and was followed by a statutory tenancy, a term in the contractual tenancy that the tenancy should be forfeit on the tenant’s bankruptcy was continued in and inherited by the statutory tenancy. Though perhaps in conveyancing terms there was no positive obligation not to become bankrupt, the Acts should be … Continue reading Cadogan Estates Limited v McMahon: HL 26 Oct 2000

Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998

A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 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