Appeal against adjudicator’s decision to refuse to order registration of benefit of a private right of way over an access way. Judges: Roger Kaye QC HHJ Citations:  EWHC 1171 (Ch),  1 All ER 397,  1 WLR 2543 Links: Bailii Statutes: Prescription Act 1832 Jurisdiction: England and Wales Registered Land, Limitation Updated: 07 … Continue reading Housden and Another v The Conservators of Wimbledon and Putney Commons: ChD 29 Mar 2007
Citations:  UKIntelP o17814 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 05 July 2022; Ref: scu.534543
Citations:  EWHC 1086 (TCC) Links: Bailii Cited by: Cited – Alexander and Law Ltd v Coveside (21BPR) Ltd TCC 12-Dec-2013 The claimant sought to enforce an arbitration award. The respondent resisted, saying that the claimant faced unresolved insolvency proceedings, and may be unable to repay any sum later found due. . . Lists of … Continue reading Wimbledon Construction Company 2000 Ltd. v Vago: TCC 20 May 2005
Challenge to statutory demand. Judges: Chadwick LJ, Sir Andrew Morritt VC Citations:  EWCA Civ 123 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 27 June 2022; Ref: scu.217948
A Friendly Society having ceased to operate and discussed dissolution with the Registrar and satisfied him that it had ceased to exist could not then claim to have been merely dormant. Re-constitution was properly refused. A revived society was a new one. Citations: Times 07-Jan-1999 Statutes: Industrial and Provident Societies Act 1965 16(1)(a Jurisdiction: England … Continue reading In Re Wimbledon and Merton Democratic Club Society Ltd: ChD 7 Jan 1999
The complainant has requested information regarding an agreement to swap land between Wimbledon and Putney Commons Conservators (WPCC) and a neighbouring Golf Club. WPCC refused to comply with the request on the basis that it was ‘manifestly unreasonable’ and cited regulation 12(4)(b). The Commissioner’s decision is that WPCC is entitled to rely on regulation 12(4)(b) … Continue reading Wimbledon and Putney Commons Conservators (Other): ICO 12 May 2020
The Commissioners appealed against a refusal of their application for a revocation of the defendant’s voluntary arrangement in that it had failed to comply with section 4. They complained that the arrangement was unfair to them. It had been agreed to pay football creditors in full at the expense of others, in order to avoid … Continue reading Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004
A prescriptive right of way had been enjoyed in connection with the use of the dominant land for agricultural purposes, which had included enlarging the farmhouse and rebuilding a cottage. The dominant owner could not use the way for carting materials for the purpose of effecting a residential development on his land. James LJ said: … Continue reading Wimbledon and Putney Commons Conservators v Dixon: CA 1875
London : Section 20 Citations:  UKFTT RP – LON – 00BA – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 29 May 2022; Ref: scu.625382
The court considered the residual duties of a local authority when hiring an independent company to repair a highway. Citations:  2 QB 212 Cited by: Cited – Woodland v Essex County Council SC 23-Oct-2013 The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local … Continue reading Penny v Wimbledon Urban District Council: 1898
Judges: Mr Justice Wilkie Citations:  EWHC 4334 (Admin) Links: Bailii Jurisdiction: England and Wales Magistrates, Licensing Updated: 29 April 2022; Ref: scu.541622
An application was made for a faculty to place a plaque at the church commemorative of a couple who had been the only married couple to win a mixed doubles championship title at the Wimbledon Tennis tournament. The two people to be remembered had not worshipped at the church with any regularity, but one was … Continue reading In re St Mary’s Church, Wimbledon: ConC 17 Mar 2002
An unpowered floating home was chargeable to council tax even though a chattel. Citations: Ind Summary 24-Jul-1995 Statutes: Rating Act 1967 Local Government Updated: 09 April 2022; Ref: scu.84295
Citations:  UKICO FER0674590 Links: Bailii Jurisdiction: England and Wales Information Updated: 03 April 2022; Ref: scu.602361
Citations:  EWLVT LON – LV – NFE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 March 2022; Ref: scu.596095
Citations:  EWLVT LON – LV – NFE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 24 March 2022; Ref: scu.582677
Challenge to refusal to state a case Judges: Mrs Justice Whipple Citations:  EWHC 3358 (Admin) Links: Bailii Jurisdiction: England and Wales Magistrates Updated: 04 February 2022; Ref: scu.670377
 UKEAT 1267 – 97 – 0912 Bailii England and Wales Cited by: See Also – Varndell v Wimbledon and District YMCA EAT 21-Apr-1999 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 10 January 2022; Ref: scu.208066
Appeal from rejection of appeal against revocation of the appellants premises licence. The respondent said that the notice of appeal had been in the wrong form. Beatson, Simon LJJ, Sir Robin Jacob  EWCA Civ 63 Bailii Licensing Act 2003 England and Wales Licensing Updated: 10 January 2022; Ref: scu.559506
The claimant sought to protect the former site of Putney Hospital from what they saw as inappropriate development. Rimer, Patten, Kitchin LJJ  EWCA Civ 940 Bailii England and Wales Planning, Land Updated: 16 December 2021; Ref: scu.533933
(Service Charges)  EWLVT LON – LV – SVC – 00BJ – 0 Bailii England and Wales Landlord and Tenant Updated: 03 December 2021; Ref: scu.524298
 EWLVT LON – LV – NFE – 00BA – 0 Bailii Landlord and Tenant Updated: 29 November 2021; Ref: scu.520254
LRA EASEMENT – right of way – prescription – Wimbledon and Putney Commons Act 1871 ss. 8 and 35 – Prescription Act 1832, ss. 2 and 3 – true construction of the word ‘dispose’ – definition of ‘the commons’ – whether the Respondents are capable grantors – doctrine of Lost Modern Grant.  EWLandRA 2005 … Continue reading Housden and Another Housden v Conservators of Wimbledon and Putney Commons (Easements): LRA 21 Aug 2006
The claimant owned property by Putney Lower Common. He objected to a proposal to develop further neighbouring land, and in particular the grant of access over the common to the proposed development. Held: Housden must be applied, and ‘Of particular importance in the context of this case is the provision within section 39 which empowers … Continue reading Evans v Wimbledon and Putney Commons Conservators and Others: Admn 8 Nov 2013
The claimants sought to register a right of way over the common by virtue of use over forty years. The defendants denied that they were able to grant an easement inder the 1871 Act, and that therefore no claim could be laid under prescription. Held: Though the 1871 Act contained a wide provision against alienation, … Continue reading Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008
Leasehold Disputes – Management – Service Charges . .
Flats – Enfranchisement and New Leases . .
Flats – Enfranchisement and New Leases . .
The complainant has requested information regarding the sale of Mill House on Wimbledon Common. The Wimbledon and Putney Commons Conservators (WPCC) refused to provide the information because, although WPCC is a public authority for the purposes of . .
The claimant had been unfairly dismissed from her position as justices’ clerk. After appeal her additional claims for retirement and other compensation under the 1978 Regulations had been remitted to the Employment tribunal which had reconsidered and acceded to the claim. The Secretary of State appealed, saying that the Tribunal had failed properly to apply … Continue reading Secretary of State for Justice v Slee (2): Admn 22 Jan 2010
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, and should provide similar relief to a guarantor. Held: (Mummery … Continue reading Remblance v Octagon Assets Ltd: CA 17 Jun 2009
The complainant has requested information on Morley Park, the new public park in West Wimbledon SW20. The Commissioner’s decision is that the London Borough of Merton Council (‘the Council’) has correctly applied regulation 12(5)(e) EIR (confidentiality of commercial or industrial information) to withhold information contained in documents held within the scope of the request. The … Continue reading London Borough of Merton Council (Local Government): ICO 8 Jul 2020
The taxpayer had imported a newly built Dutch Barge. The Revenue appealed a decision that VAT was not payable on that import. He had claimed exemption on the basis that it was a ship exceeding 15 tons and not designed or adapted for leisure use. Held: The appeal failed. ‘the Kei was designed and constructed … Continue reading HM Revenue and Customs v Lt Cmdr Colin Stone; The Kei: ChD 5 Jun 2008
The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008
The parties to a lease can agree that an early payment of rent will satsify the duty to pay rent due later, displacing the rule that an early payment does not satisfy a later duty to make payment. Judges: Swinfen Eady LJ Citations:  1 Ch 274 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Lord Ashburton v Nocton: CA 1915
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on the re-organisation had been ring-fenced, for a choice between herself and a co-worker, but she … Continue reading Slee v Secretary of State for Justice (1): Admn 19 Nov 2007
EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007
The defendant had made a series of racist and abusive calls to the office of his local MP. The prosecutor appealed a refusal to convict under the 1984 (now the 2003) Act. The defendant had argued that the messages had been offensive, but not grossly so. Held: The prosecutor’s appeal succeeded. ‘The purpose of the … Continue reading Director of Public Prosecutions v Collins: HL 19 Jul 2006
The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were andpound;20,000, and that the tenant had done sufficient to be in material compliance with its … Continue reading Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006
The defendant, a racist addressed a crowd containing many persons of the Jewish faith and other people of sensible but strong views saying, in the most obnoxious way, that ‘Hitler was right’, and other crazed sentiments of that kind. Held: Although the section requires an objective standard to be met, the ethnic group in question … Continue reading Jordan v Burgoyne: 1963
The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005
The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004
The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer. Held: ‘the … Continue reading Evans Dorothy, Regina v: CACD 6 Dec 2004
Clause 1 of the lease provided that the quarterly rent should be the higher of: (a) the amount payable by the landlord as interest on certain borrowings; and (b) 10% of the Club’s gross receipts as defined. The question arose as to treatment of season ticket payments as accruals: ‘The typical payment which raises a … Continue reading SB Property Co Ltd v Chelsea Football and Athletic Co Ltd: ChD 6 Nov 1990
ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.The provisions of community law relating to freedom of movement for workers also cover a national of a member state who pursues, … Continue reading DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982
The liquidator sought to recover his expenses from assets charged under a floating charge in priority to the chargee. Held: Barleycorn was decided in error. The liquidators costs incurred in an insolvent winding up were not to be charged against the assets subject to the floating charge: ‘The winding up of a company is a … Continue reading Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004
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
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001
Where a party’s agreement to an individual voluntary arrangement had been obtained by an advantage offered to that creditor but not disclosed to others, the entire arrangement could be set aside. In this case the offer to purchase a debt after the arrangement was not an ordinary dealing in distressed debt. There was a duty … Continue reading Somji v Cadbury Schweppes Plc: CA 20 Dec 2000
The term ‘worker’ when used within community legislation should not be interpreted restrictively. Citations: C-139/85, R-139/85,  EUECJ R-139/85,  ECR 1741 Links: Bailii Cited by: Cited – Barry v London Borough of Southwark CA 19-Dec-2008 The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been … Continue reading Kempf v Staatssecretaris Van Justitie: ECJ 3 Jun 1986
The applicants had been employed on the administrative staff of a Magistrates’ Court, spending 25-40% of their working day performing duties delegated to them by the clerk to the justices. The Tribunal held that, as an ‘appreciable’ part of their duties was in assisting the JC, they came within the definition in regulation 3(1)(b). Held: … Continue reading Berkshire and Oxfordshire Magistrates’ Courts v Gannon and Another: QBD 10 May 2000
Lord Parker CJ said: ‘Somebody may be annoyed by behaviour which is not insulting behaviour.’ Judges: Lord Parker CJ Citations: [I960] 2 All ER 173 Statutes: Public Order Act 1936 5 Jurisdiction: England and Wales Cited by: Cited – Brutus v Cozens HL 19-Jul-1972 The House was asked whether the conduct of the defendant at … Continue reading Bryan v Robinson: 1960
A provision in the lease requiring payment of the rent ‘without any deduction or set off whatsoever’ was effective to exclude any right of deduction or set-off. Citations:  1 EGLR 53 Cited by: Cited – Altonwood Ltd v Crystal Palace FC (2000) Ltd ChD 7-Mar-2005 The landlord claimed arrears of rent and other payments … Continue reading Star Rider Limited v Inntrepreneur Pub Co: 1998
A prescriptive right of way had been enjoyed in connection only with agricultural use of the dominant land, which was a field. Held: The way could not be used in connection with the use of the field as a caravan and camping site. Harman J said: ‘the use proposed would be an unjustifiable increase of … Continue reading RPC Holdings Limited v Rogers: 1953
A right of way had been granted over the plaintiff’s land for the benefit of ‘Nine acre field’ in its ordinary use as a field. Hay grown on both Nine acre field and the adjoining ‘Parrott’s land’ had been mowed and stored on Nine acre field in the summer of 1866, and in September 1866 … Continue reading Williams v James: 1867
The existence of an agreement (and the payment in appropriate circumstances may evidence an agreement) between the landlord and tenant that on the day that the rent becomes due an earlier payment shall be treated as a fulfilment of the obligation to pay the rent can displace the presumption that an early payment of rent … Continue reading De Nicholls v Saunders: 1870
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised by the appeal are, potentially at … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015
The court considered whether the employee had been given a notice falling within the Act so as to give rise to a redundancy. Held: Widgery J said: ‘there are certain formalities about the type of notice necessary to determine a contract of employment. The notice may be a peremptory notice, sometimes referred to as a … Continue reading Morton Sundour Fabrics v Shaw: QBD 1966
Judges: Brooke J Citations:  STC 335 Jurisdiction: England and Wales Citing: Dicta Applied – Brutus v Cozens HL 19-Jul-1972 The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary … Continue reading Customs and Excise v McLean Homes (Midland) Ltd: 1993
Dispute between a group of neighbours who all live in a close of houses in Wimbledon. The close is subject to a building scheme, and the scheme contains a restrictive covenant which provides (among other things that are not relevant to this appeal) that the covenantor is ‘[n]ot to do or permit or suffer to … Continue reading Di Silvio and Others v Sharp and Another: ChD 11 Mar 2022
The right of deduction and set off under a lease was ‘essentially an act of self-help’. Judges: Robert Goff J Citations:  1 Lloyds Rep 18 Jurisdiction: England and Wales Cited by: Cited – Altonwood Ltd v Crystal Palace FC (2000) Ltd ChD 7-Mar-2005 The landlord claimed arrears of rent and other payments due under … Continue reading SL Sethia Liners Ltd v Naviagro Maritime Corporation: 1981
British Eagle, which had gone into liquidation. The parties disputed a contract attempting to reset the ranking of debts. The House was asked whether there was a debt due to the insolvent company at the commencement of its winding-up, to which the netting-off provisions of the IATA clearing house rules then applied. Held: (bare majority) … Continue reading British Eagle International Airlines Ltd v Compagnie National Air France: HL 1975
A preacher repeatedly displayed posters such as ‘Stop Homosexuality’ and ‘Stop Lesbianism’. He had been convicted of displaying a sign which was threatening abusive or insulting within the sight of a person likely to be caused harrassment alarm on distress. On one occasion a crowd of 30 or more had gathered outside his house. Held: … Continue reading Director of Public Prosecutions v Hammond: QBD 13 Jan 2004
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003
The landlord claimed arrears of rent and other payments due under the lease of the football ground occupied by the club. A licence had been granted for the accomodation to be shared with Wimbledon Football Club. The rent varied with the gate receipts, and side letters provided for sums payable under the licence to be … Continue reading Altonwood Ltd v Crystal Palace FC (2000) Ltd: ChD 7 Mar 2005
The defendant solicitor had persuaded his client to release a charge, thus advancing the solicitor’s own subsequent charge on the same property. The action was started in the Chancery Division of the High Court. The statement of claim alleged fraud and claimed damages. At the trial the action was treated as action in the tort … Continue reading Nocton v Lord Ashburton: HL 19 Jun 1914
The complainant has requested information relating to car parking at Wimbledon Park and Morden Park during Wimbledon tennis fortnight in June 2011. London Borough of Merton (the councii) provided some of the requested information but refused to provide details of income received for parking at Morden Park citing the exemption for commercial interests. The Commissioner’s … Continue reading Merton London Borough Council (Decision Notice): ICO 5 Dec 2012
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage by the breach rather than paid money to remedy it, an equitable … Continue reading British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978
The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a … Continue reading Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986
The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme. Held: The appeal was allowed, restoring … Continue reading Jones v First Tier Tribunal and Another: SC 17 Apr 2013
The appellant, a schoolgirl and her friend were involved in an incident with police officers which rapidly escalated. She said that only she had been involved, but that it was wrong when others quite outside her control became involved on seeing the officers’ behaviour, to charge her with violent disorder. Held: The judge had been … Continue reading NW, Regina v: CACD 3 Mar 2010
The appellants had entered Fortnum and Masons to demonstrate against tax avoidance. They appealed against convitions for aggravated trespass. Held: The statutory question posed by s.68 is whether the prosecution can prove that the trespasser has done anything on the land (‘there’), apart from trespassing, with the required statutory intent? As to that, there is … Continue reading Bauer and Others v The Director of Public Prosecutions: Admn 22 Mar 2013
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a parade celebrating the return of an army regiment from Afghanistan, but had demonstrated against the war. … Continue reading Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011
The husband had pronounced a talaq in Pakistan, in accordance with the 1961 Muslim Family Ordinance. The question was whether the English court had jurisdiction on the wife’s petition to dissolve the marriage and make consequential orders relating to a house in Wimbledon in which the wife was living with their son and which belonged … Continue reading Quazi v Quazi: HL 1979
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a whistle and threw about leaflets. He was protesting about South … Continue reading Brutus v Cozens: HL 19 Jul 1972
The tenant had given notice under section 42 requiring a new lease. The landlord said it wished to redevelop the apartment by combining it with a neighbouring one. The issue was as to what constituted ‘any premises in which [Flat 77] is contained’ within s47(2)’. The landlord said that the phrase was general and could … Continue reading Majorstake Ltd v Curtis: CA 8 Aug 2006
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
The court considered whether claim as against a shipowner could be set off against sums due under a time charter hire.
Held: Save for any contractual provision to the contrary a tenant is entitled to deduct from the rent payable, so as to . .
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if . .
For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the . .
A right of way had been impliedly granted in favour of a number of terraced houses over a passage running to the back of those houses, which were used at the time of grant for residential and warehouse use. A right to use the passageway for an . .
A right of way had arisen by prescription in favour of land which had two detached dwelling houses on it.
Held: The right of way could continue to be used, even after the two houses had been demolished and replaced by a three-storey block of . .
The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in . .
Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not . .
An easement arising by prescription involves a fictional lost grant. The court considered the extent of user of an easement in relation to a prescriptive right of way for the benefit of land used as a caravan site: ‘A right to use a way for this . .
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the . .
The claimant sought to enforce an arbitration award. The respondent resisted, saying that the claimant faced unresolved insolvency proceedings, and may be unable to repay any sum later found due. . .
The applicant sought summary judgment on two construction arbitration decisions. The defendant objected saying that the claimant was impecunious.
Held: Edwards-Stuart J considered the position applying to an impecunious claimant seeking to . .
Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if . .