Land Compensation Act 1961, s.5 rule 6 – Claim for ‘holding costs’ on property rendered unsaleable by threat of acquisition -Loss to take account of movement in market and rent received – Effect of overall blight arising from scheme distinguished.
[2001] EWLands ACQ – 147 – 2000
England and Wales
Updated: 30 June 2022; Ref: scu.225637
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 purchase powers – held claimant entitled to compensation
[2001] EWLands LCA – 144 – 2000
England and Wales
Updated: 30 June 2022; Ref: scu.225636
[2000] EWLands RA – 34 – 1999
England and Wales
Updated: 30 June 2022; Ref: scu.225568
LT COMPENSATION – Compulsory acquisition of a development of flats and bungalows, constructed as sheltered accommodation for the elderly – open market value – whether units would have been sold individually or to a single purchaser – assessment of holding costs – interim decision – compensation awarded andpound;2,060,000
[2000] EWLands ACQ – 147 – 2000
England and Wales
Updated: 30 June 2022; Ref: scu.225573
LT SERVICE CHARGE – Landlord and Tenant Act 1985 s19 – Block of flats forming part of local authority estate – replacement of flat roof with pitched roof – replacement of metal framed windows with uPVC double glazed windows – whether costs reasonably incurred – cost in use calculations indicated proposed works offered better value for money over life of building – Decision: cost of such works reasonably incurred – appeal allowed.
[2000] EWLands LRX – 40 – 1999
England and Wales
Updated: 30 June 2022; Ref: scu.225583
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 38. Compensation of pounds 400 awarded.
[2000] EWLands LCA – 88 – 1999
England and Wales
Updated: 30 June 2022; Ref: scu.225567
COMPENSATION – preliminary issue – limitation – reference made more than 6 years after entry – whether acquiring authority prevented by election or promissory estoppel from relying on limitation defence – held facts not establishing election or promissory estoppel
[2001] EWLands ACQ – 129 – 1999
England and Wales
Updated: 30 June 2022; Ref: scu.225631
The father thought he had given his younger son land in Wales, in signing a memorandum and presenting it to him ‘for the purpose of furnishing himself with a dwelling-house’. The memorandum was not by deed. The son built his home on the land. When the father died, the elder son disputed his brother’s title.
Held: The Master of the Rolls said younger son was entitled to a life interest. Lord Westbury LC allowed the younger son’s appeal, saying: ‘About the rules of the Court there can be no controversy. A voluntary agreement will not be completed or assisted by a Court of Equity, in cases of mere gift. If anything be wanting to complete the title of the donee, a Court of Equity will not assist him in obtaining it; for a mere donee can have no right to claim more than he has received. But the subsequent acts of the donor may give the donee that right or ground of claim which he did not acquire from the original gift . . so if A puts B in possession of a piece of land, and tells him, ‘I give it to you that you may build a house on it,’ and B on the strength of that promise, with the knowledge of A, expends a large sum of money in building a house accordingly, I cannot doubt that the donee acquires a right from the subsequent transaction to call on the donor to perform that contract and complete the imperfect donation which was made. The case is somewhat analogous to that of verbal agreement not binding originally for the want of the memorandum in writing signed by the party to be charged, but which becomes binding by virtue of the subsequent part performance.’ The Lord Chancellor awarded the younger son the fee simple since ‘no one builds a house for his own life only.’
The Lord Chancellor Lord Westbury
[1862] EWHC Ch J67, [1862] 45 ER 1284, (1862) 4 De GF and J 517, [1862] EngR 908, (1862) 4 De G F and J 517, (1862) 45 ER 1285
England and Wales
Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 June 2022; Ref: scu.245427
The parties had settled a boundary dispute in 1994 with a consent order, but the terms of the order had been difficult to implement. The respondent appealed an order declaring the consent order void for uncertainty.
Held: The appeal succeeded. There was no authority for declaring a consent order void. To be avoided it would have to be legally or practically impossible to give to the agreement any sensible content. The Scammells had not done anything to challenge the order and not sought to try to clarify the order but had sought straight away to have it set aside. It was clear that this was mere regret at their bargain.
Ward, Rix LJJ
[2005] EWCA Civ 405, Times 27-Apr-2005
England and Wales
Cited – Scammell and Nephew Ltd v HJ and JG Ouston HL 1941
There was an agreement for a purchase on ‘hire-purchase terms’ It was challenged as being too uncertain.
Held: There were many possible forms of such an agreement. The agreement was void for uncertainty. Lord Wright: ‘There are in my opinion . .
See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Cited – Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross CA 22-Mar-2001
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply . .
See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 June 2022; Ref: scu.224255
[2005] EWCA Civ 354
England and Wales
Updated: 29 June 2022; Ref: scu.224078
Possession of house after breakdown of relationship
[2005] EWCA Civ 63
England and Wales
See Also – T Messer and Another v Messer CA 21-Dec-2004
Order for possession . .
See Also – T Messer and Another v Messer CA 21-Dec-2004
Order for possession . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 June 2022; Ref: scu.222594
Land was transferred by a partnership to one of the partners and his wife. The consideration stated in the transfer was andpound;125,000, but each transferee had paid a similar sum into the partnership account. The respondents said that VAT should have been charged, and on a VAT inclusive price of andpound;250,000. The taxpayer appealed.
Held: A transfer of an interest in land is an exempt supply for VAT purposes unless the owner has waived exemption. The partnership had waived exemption. The transfer was not of the interest only of the retiring partner. The form as used was not the sole determinant of the issues. Given the circumstances, the tribunal was free to find as it had.
Kay, Lord Justice Kay Lord Justice Mummery The Honourable Mr Justice Gage
[2004] EWCA Civ 1591, Times 06-Dec-2004
England and Wales
Appeal from – Fengate Developments (A Partnership) v The Commissioners of Customs and Excise ChD 6-Feb-2004
. .
Cited – Commissioners of Customs and Excise v Reed Personnel Services Ltd QBD 13-Apr-1995
A company providing agency nurses was not itself providing nursing services and was not exempt from VAT. Where a tripartite contract was unclear on the liability for VAT, the tribunal was to look on it as a whole. It was the function of the Tribunal . .
Appealed to – Fengate Developments (A Partnership) v The Commissioners of Customs and Excise ChD 6-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.220223
The Hon Mr Justice Lightman
[2004] EWHC 2815 (Ch)
England and Wales
Updated: 27 June 2022; Ref: scu.220212
plea of non est factum
[2004] EWCA Civ 1423
England and Wales
Updated: 27 June 2022; Ref: scu.219471
Neighbour dispute – parking.
[2001] EWCA Civ 1706
England and Wales
Updated: 27 June 2022; Ref: scu.218513
[2001] EWCA Civ 1601
White Herring Fisheries Act 1771
England and Wales
Updated: 27 June 2022; Ref: scu.218445
[2001] EWCA Civ 1658
England and Wales
Updated: 27 June 2022; Ref: scu.218406
Application for leave to appeal against mortgage re-possession order.
Robert Walker, Rix LJJ
[2001] EWCA Civ 1285
England and Wales
Updated: 27 June 2022; Ref: scu.218337
Application for leave to appeal.
Keene LJ
[2001] EWCA Civ 603, [2001] 1 WLR 2357
England and Wales
Cited – Harris and others v The Society of Lloyd’s ComC 1-Jul-2008
Refusal of ;lay representation in Commercial Court . .
See Also – Paragon Finance Plc v Noueiri CA 4-Jul-2001
. .
See Also – Noueiri v Paragon Finance Plc (Practice Note) CA 19-Sep-2001
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.218124
[2001] EWCA Civ 494
England and Wales
Updated: 27 June 2022; Ref: scu.218054
[2002] EWCA Civ 1473
England and Wales
Updated: 27 June 2022; Ref: scu.217697
Application for permission to appeal from a judgment of the Lands Tribunal in a compulsory purchase case.
[2002] EWCA Civ 984
England and Wales
Updated: 23 June 2022; Ref: scu.217308
Application for leave to appeal against refusal of transfer to administrative court and stay.
Mummery, Dyson LJJ,Sir Swinton Thomas
[2002] EWCA Civ 713
England and Wales
Updated: 23 June 2022; Ref: scu.217138
Aldous LJ
[2002] EWCA Civ 394
England and Wales
Updated: 23 June 2022; Ref: scu.216879
Appeal from refusal of a declaration that a charge on land was void.
[2002] EWCA Civ 341
England and Wales
Updated: 23 June 2022; Ref: scu.216765
[2004] EWCA Civ 1226
England and Wales
Updated: 21 June 2022; Ref: scu.215924
The defendant had been found liable for infringing the claimant’s right of light. The court considered the proper measure of damages.
Held: The court should ask what might be the fair result of a hypothetical negiation for the sale of the right, bearing the context in mind, including the significant power of the dominant owner to prevent a development to demand some part of the likely profit. In the absence of evidence of the size of any profit, the court could use a multiplier.
Gabriel Moss QC
[2007] EWHC 212 (Ch), Times 14-Feb-2007
England and Wales
See Also – Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd ChD 4-Sep-2006
Dispute as to right of light – proposed development likely to breach right for dominant tenement. . .
Cited – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Bracewell v Appleby ChD 1975
The defendant wrongly used and asserted a right of way over a private road to a house which he had built.
Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the . .
Cited – Carr-Saunders v Dick McNeill Associates 1986
The claim was for interference with the plaintiff’s right to light.
Held: There is a need to approach infringements of easements of light with flexibility. The plaintiff’s subjective views as to the loss of light were not to the point. When . .
Cited – Amec Developments Limited v Jury’s Hotel Management (UK) Limited 2001
A hotel had been built so as to encroach across a building line in breach of covenant, allowing the hotel to have 25 more rooms than it would otherwise have enjoyed. The court considered conflicting evidence as to the capital value of the additional . .
Cited – Liverpool and Lancashire Properties Limited and Another v Lunn Poly Ltd and Another CA 15-Mar-2006
Where a tenant successfully obtained relief from forfeiture, and compensatory damages were payable under the 1858 Act in lieu of an injunction, and had assigned the lease for a profit the court could exceptionally use its equitable jurisdiction to . .
See Also – Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd ChD 9-Mar-2007
Dispute over right to light.
Gabriel Moss QC HHJ said: ‘I would deduce the following principles from these cases in relation to the assessment of damages for loss of the ability to prevent an infringement of a right to light at the point just . .
Cited – HKRUK II (CHC) Ltd v Heaney ChD 3-Sep-2010
The claimant sought a declaration that its property was free of a suggested right of light in favour of its neighbour . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.250597
An area of land was to be used as a petrol filling station. Part was later to become part of a widened roadway, and that part was let and the remainder sold as freehold. The freehold land had no access to the highway save over the leasehold land. The land sale included an agreement later to grant necessary rights on development. The development was abandoned. On a renewal of the lease, the tenant claimed that the value was affected by the easement. It was held that no sufficient certainty existed to create an easement.
Gazette 05-May-2000
England and Wales
Updated: 14 June 2022; Ref: scu.83778
Application for leave to appeal.
[2001] EWCA Civ 1952
England and Wales
Application for leave – Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.201556
[2001] EWCA Civ 1963
England and Wales
Updated: 13 June 2022; Ref: scu.201561
Listed buildings – tree preservation order not confirmed and lapsed.
[2002] EWCA Civ 1796
England and Wales
Updated: 13 June 2022; Ref: scu.201569
An order for the sale of the former family home had been made, and the sale completed, the transfer being executed by the judge. The mother now applied for leave to appeal.
Held: There was no important point of law or practice, nor any other compelling reason to grant permission and that application is refused.
Thorpe LJ
[2001] EWCA Civ 1333
England and Wales
Updated: 13 June 2022; Ref: scu.201249
[2001] EWCA Civ 872
Trusts of Land and Appointment of Trustees Act 1996 15
England and Wales
Updated: 13 June 2022; Ref: scu.201139
Disputed right of way
[2001] EWCA Civ 699
England and Wales
Updated: 11 June 2022; Ref: scu.201042
The parties had lived together in the house, each contributing but held in the name of one only. The parties disputed the effect under the 1989 Act of a letter signed by each of them setting out their agreement as to the basis on which it was held. He argued that it did not include a relevant term, and was therefore not effective.
Held: The appeal failed. The court should be wary of artificially dividing up what is in truth a composite transaction. Sir Christopher Staughton doubted the observation in Tootal saying: ‘I am by no means sure of that. If the parties are allowed by a simple device to avoid the effects of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, what was the point of Parliament enacting it?’
Chadwick LJ, Sir Christopher Staughton doubted the observation in
[2001] EWCA Civ 615, [2001] 2 EGLR 82, [2001] 3 FCR 662, [2001] 27 EG 135
Law of Property (Miscellaneous Provisions) Act 1989 2(1)
England and Wales
Cited – Tootal Clothing Ltd v Guinea Properties Ltd CA 1992
By a single commercial transaction the parties agreed to the grant of a lease, on terms that Tootal (the intending lessee), would carry out shop-fitting works, have the benefit of a three months rent-free period during the which the works were to be . .
Cited – Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd ChD 9-Nov-2004
The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally . .
Cited – Oun v Ahmad ChD 19-Mar-2008
The parties agreed in writing for the sale of leasehold property to the claimant. One document had been signed, but later one said that it had not included an aportionment. Another document then set out the apportionment. When the defendant refused . .
Cited – North Eastern Properties Ltd v Coleman and Another CA 19-Mar-2010
The appellants challenged specific performance orders obliging them to complete the purchase of apartments, saying that the contracts had not complied with the 1989 Act, and that their repudiation of the contracts had been accepted. The contracts . .
Cited – Keay and Another v Morris Homes (West Midlands) Ltd CA 11-Jul-2012
The claimants sought damages alleging breach of contract. The defendants argued that the contract related to land, and since it was an oral agreement it was unenforceable under the 1989 Act.
Held: It was not possible that a contract which was . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.200973
Costs order after neighbour dispute.
[2001] EWCA Civ 194
England and Wales
Updated: 11 June 2022; Ref: scu.200793
Lady Smith said that she could not conclude that Scots law recognises, in principle, a servitude right of parking independent of any right of access.
Lady Smith
[2004] ScotCS 198, 2004 GWD 25-539
Scotland
Cited – London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd ChD 29-Jul-1992
A right to park was claimed as an easement.
Held: The question whether the right to park that had been claimed was consistent with the nature of an easement was one of degree: ‘A small coal shed in a large property is one thing. The exclusive . .
Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.199850
[2004] ScotCS 192
Prescription and Limitation (Scotland) Act 1973
Scotland
Updated: 11 June 2022; Ref: scu.199660
[2004] ScotCS 193
Prescription and Limitation (Scotland) Act 1973
Scotland
Updated: 11 June 2022; Ref: scu.199662
Modification of right of way
Mr Justice Richards Kay, Lord Justice Kay
[2004] EWHC 1217 (Admin)
England and Wales
Updated: 11 June 2022; Ref: scu.199488
An intended new road was going to be the access way for 12 new houses. Part of a restrictive covenant provided that the covenantors and their successors would not ‘use or permit or suffer to be used the land hereby conveyed or any part thereof or any building or erection now or at any time hereafter erected thereon for any trade business or manufacture but will use the same as a private residence only.’
Held: The words ‘the same’ referred not just to any building on the land but to the whole composite noun clause, meaning the land and all parts of it as well as any building on it. So construed, the covenant operated to prohibit the use of the land as the access way to another part of the development on adjoining land. A dwellinghouse is a narrower concept than residence.
Thorpe LJ, Rix LJ, neuberger LJ
[2004] EWCA Civ 839, [2004] 3 EGLR 81
England and Wales
Cited – Rolls v Miller CA 1884
The court was asked as to the effect of a restrictive covenant requiring a house not to be used for trade or business. Lindley LJ said that the dictionary meanings of the term ‘business’ embrace ‘almost anything which is an occupation, as . .
Cited – Co-Operative Retail Services Ltd v Tesco Stores Ltd CA 20-Jan-1998
A covenant against the use of land for ‘the purpose of food retailing’ was not breached by the use of the land for associated landscaping without which immediately adjoining land could not have been used for food retailing. . .
Cited – Elliott v Safeway Stores plc 1995
Proposed use of land would be in breach of covenant when it was put to a use which was ancillary to the use of adjoining land.
Held: The allegation failed. There would only have been a breach if the land in question had been used for the . .
Cited – Mander v Falcke 1891
A restrictive covenant is enforceable against an occupier of the land. It could be a breach to use an access for land beyond that originally envisaged. . .
Cited – Small v Oliver and Saunders (Developments) Ltd ChD 25-May-2006
The claimant said his property had the benefit of covenants in a building scheme so as to allow him to object to the building of an additional house on a neighbouring plot in breach of a covenant to build only one house on the plot. Most but not all . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198849
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: ‘We have then to consider whether the character of the [dominant] property can be so changed as substantially to increase or alter the burden upon the servient tenement. I was strongly of opinion that it was the settled law of this country that no such change in the character of a dominant tenement could be made as would increase the burden on the servient tenement.’ and ‘[I]f a right of way to a field be proved by evidence of user, however general, for whatever purpose qua field, the person who is the owner of that field cannot from that say, I have a right to turn that field into a manufactory, or into a town, and then use the way for the purpose of the manufactory or town so built.’ (Baggallay JA) [Y]ou must neither increase the burden on the servient tenement nor substantially change the nature of the user.’ (Mellish LJ), ‘Assuming that it is made out that [the dominant owner] and his tenants have used this way, not exclusively for agricultural purposes, but for all purposes for which they wanted it, in the state in which the land was at the time of the supposed grant – at the time when the way first began – and assuming that there has been no material alteration in the premises since that time, does that entitle [the dominant owner] to alter substantially and increase the burden on the servient tenement by building any number of houses he pleases on this property and giving to the persons who inhabit those houses the right to use the way for all purposes connected with the houses?’
James LJ, Baggallay JA, Mellish LJ
(1875) 1 Ch D 362
England and Wales
Applied – Williams v James 1867
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 . .
Cited – McAdams Homes Ltd v Robinson and Another CA 27-Feb-2004
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, . .
Applied – Milner’s Safe Company Limited v Great Northern and City Railway Company ChD 1907
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 . .
Applied – RPC Holdings Limited v Rogers 1953
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 . .
Cited – British Railways Board v Glass CA 1965
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 . .
Cited – Giles v County Building Constructors (Hertford) Limited ChD 1971
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.194014
David Richards J
[2004] EWHC 1014 (Ch)
England and Wales
Updated: 10 June 2022; Ref: scu.197073
Vice-Chancellor, The Vice-Chancellor
[2004] EWHC 847 (Ch)
England and Wales
Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.195975
Lord Justice Waller Lord Justice Carnwath
[2004] EWCA Civ 393
England and Wales
Updated: 10 June 2022; Ref: scu.195038
Compulsory purchase compensation
The Hon Mr Justice Latham Lord Justice Waller Lord Justice Neuberger
[2004] EWCA Civ 398
England and Wales
Updated: 10 June 2022; Ref: scu.195032
[2004] EWHC 227 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.193940
Trespassers occupied part of the land owned by the claimant. They now appealed agaainst an injunction preventing them unlawfully occupying any part of the claimant’s land including areas not previously occupied.
Held: It was critical to determine just what land was to be protected by the proposed order. The action was in rem and would protect the land against all-comers. As such a high standard of proof was required. If there was convincing evidence of a real danger of other land being occupied, an order might be given, but such evidence was not available here.
Lord Justice Ward Lord Justice Mummery And Mr Justice Wilson
[2004] EWCA Civ 200, Times 15-Mar-2004, Gazette 25-Mar-2004, [2004] 1 WLR 1906, [2004] 2 All ER 1056
England and Wales
Cited – University of Essex v Djemal and others CA 1980
Students occupied the administrative office part of university premises. Following an order for possession of that part, they moved to a part known as Level Six. The university then sought an order for possession of the whole of its premises. Just . .
Cited – Ministry of Agriculture, Fisheries and Food v Heyman and others 1989
The respondent travellers were in wrongful occupation of an area of woodland owned by the appellant. The appellant sought an order for possession not only to that land but also for an area of woodland in its ownership two or three miles away. The . .
Cited – Regina v Wandsworth County Court ex parte Wandsworth London Borough Council 1975
Where the court grants a writ of possession requiring the bailiff to put the claimant into possession of land, in principle, the bailiff will remove all those who are on the relevant land, irrespective of whether or not they were parties to the . .
Cited – Ellis v Loftus Iron Co 1874
The pasturing of cattle must be one of the most ordinary uses of land, and strict liability for damage done by cattle enclosed on one man’s land if they escape thence into the land of another, is one of the most ancient propositions of our law. It . .
Cited – White v Mellin HL 1895
Lord Watson said: ‘Damages and injunction are merely two different forms of remedy against the same wrong; and the facts which must be proved in order to entitle a plaintiff to the first of these remedies are equally necessary in the case of the . .
Cited – Attorney-General for the Dominion of Canada v Ritchie Contracting and Supply Co Ltd HL 1919
If there has been no intrusion upon the land of the plaintiff at all then the only remedy may be a quia timet prohibitory injunction: ‘But no-one can obtain a quia timet order by merely saying ‘Timeo’; he must aver and prove that what is going on is . .
Cited – Morris v Redland Bricks Ltd HL 1969
The requirement of proof is greater for a party seeking a quia timet injunction than otherwise. Lord Upjohn said: ‘A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave danger will . .
Cited – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.193929
Appeal against finding as to trusts on which land was held.
Behrens HHJ
[2013] EWHC 2870 (Ch)
England and Wales
Updated: 10 June 2022; Ref: scu.516281
Property was agreed to be sold, but the land certificate was lost. A condition was added to the contract fixing the completion date as three days after notification of receipt of the new certificate. The parties agreed a date in anticipation of the certificate being received, but the purchaser did not wish to proceed for other reasons. A completion notice was served which he challenged, saying the notice had not been given. It was held that parties to such transactions were as much bound by estoppel and waiver as otherwise. The behaviour of the parties created such and the notice was effective.
Gazette 16-Mar-2000
England and Wales
Updated: 10 June 2022; Ref: scu.84126
The Hon Mr Justice Evans-Lombe
[2004] EWHC 152 (Ch), [2004] STC 772
England and Wales
Appealed to – Fengate Developments (A Partnership) v The Commissioners of Customs and Excise CA 1-Dec-2004
Land was transferred by a partnership to one of the partners and his wife. The consideration stated in the transfer was andpound;125,000, but each transferee had paid a similar sum into the partnership account. The respondents said that VAT should . .
Appeal from – Fengate Developments (A Partnership) v The Commissioners of Customs and Excise CA 1-Dec-2004
Land was transferred by a partnership to one of the partners and his wife. The consideration stated in the transfer was andpound;125,000, but each transferee had paid a similar sum into the partnership account. The respondents said that VAT should . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 June 2022; Ref: scu.192661
Lord Hamilton And Lord Justice Clerk And Lord Osborne
2003 SCLR 716
Scotland
See Also – Royal Bank of Scotland Plc v Wilson and Others SCS 5-May-2009
The bank appealed against refusal of ejectment under a charge.
Held: The appeal failed. . .
See Also – Royal Bank of Scotland Plc v Wilson and Another SC 24-Nov-2010
(Scotland) Neighbours had each granted a standard security over their respective properties to the bank. The charge agreements contained personal covenants to repay the sums borrowed on demand. The land-owners appealed against an order for . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.190887
The pursuers sought reduction both of a disposition granted by the first defender to the second defender and of a standard security granted by the first defender to the third defenders.
[2003] ScotCS 309, 2004 SCLR 267
Scotland
Updated: 08 June 2022; Ref: scu.189749
One exception to the requirement that an easement must be granted by a deed is that if permission to enjoy a right, capable of constituting an easement, is given by the landowner in terms likely to lead, and that do lead, the beneficiary of the permission to believe he is entitled on a permanent basis to enjoy the right and in that belief he sufficiently alters his position to his detriment, by expenditure of money or otherwise, he may become entitled in equity to the easement by proprietary estoppel. The landowner would not be able to withdraw the permission he had given. 20 years’ enjoyment of the equitable right would enable the beneficiary of the permission to claim a legal easement under the 1832 Act. In such a case the enjoyment of the right pursuant to the original permission is enjoyment by a person ‘claiming right thereto’. The original permission would be the foundation of the claim of right but the enjoyment would not have been precario. A purchaser taking with actual notice of the equity will be bound by it. An equity arising from a proprietary estoppel could not be registrable under the Land Charges Act as an equitable easement within class D(iii).
Lord Denning MR, Danckwerts, Winn LJJ
[1967] 2 QB 379, [1966] EWCA Civ 1, [1967] 1 All ER 504, [1967] 2 WLR 789
England and Wales
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Cited – Tinsley v Milligan CA 1992
The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been . .
Cited – Tinsley v Milligan CA 1992
The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been . .
Cited – Sweet and Another v Sommer and Another ChD 25-Jun-2004
Part of land had been sold off. By oversight no right of way had been taken in favour of the retained land. The dominant owner argued that by demolition of a building a means of access could be found and that therefore no right of way by necessity . .
Cited – Sommer and Another v Sweet and Another CA 10-Mar-2005
The claimants had sought entry into theirs and their neighbour’s registered land titles of entries to acknowledge their rights of way. The neighbours appealed the finding of a right of way of necessity and by proprietary estoppel, and an order for . .
Cited – United Bank of Kuwait Plc v Sahib and Others CA 2-Feb-1996
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge.
Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.187770
[1985] CLY 2950, [1985] 2 All ER 606, [1985] EWCA Civ 6, [1985] 1 WLR 778
England and Wales
Applied – Equity and Law Home Loans Ltd v Prestidge CA 1992
A house was bought in the name of one partner in an unmarried couple. It was subject to a mortgage, and the non-owner contributed a capital sum. The landowner later remortgaged for a larger sum, but without the partner’s consent. The landowner then . .
Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.187402
The Vice-Chancellor
[2003] EWHC 2487 Ch
England and Wales
Cited – Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others CA 4-Dec-2003
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.187282
A trespasser was injured by the land owner’s savage horse.
Held: If a land-owner knows of but does nothing to stop acts of trespass by the public on his land, there may be an implied license. Decision reversed. In Scottish courts the strictness of the duty of care incumbent on the occupier of premises varied according to the circumstances in which the injured party had entered on the premises, and on the extent of his right, or lack of it, to enter. The extent of right, and consequently the stringency of the duty of care, and the question whether care sufficient in the circumstances had been shown, were questions of fact to be determined with regard to the circumstances of the case
Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Atkinson and Shaw
[1911] AC 10, [1910] UKHL 1, [1910] UKHL 726, 48 SLR 726
England and Wales
Appeal from – Lowery v Walker CA 1910
An occupier of land who knows that members of the public are in the habit of going on to his land and does nothing to prevent it, may be deemed to have licensed them to do so. . .
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Robert Addie and Sons (Collieries) Ltd v Dumbreck SCS 1928
A boy trespassed on land and was injured on machinery there. The local working-classes resorted to the field regularly ‘(1) as an open space; (2) as a playground; (3) as a means of access to chapel and railway station; and (4) – as regards the less . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.182878
A right of pre-emption had misdescribed the property when it was registered. The land was transferred without regard to the right of pre-emption. It was found as a fact that no money passed for the transfer, and the claimants said the unregistered right of pre-emption was, under the Act, only void as against a purchaser for value. The defendant sought to challenge the finding as to consideration.
Held: The question on appeal is whether the evidence on which the judge did not make findings, expressly or by implication, demonstrates that the judge’s conclusion on the question as to the existence of the arrangement was plainly wrong. That was not established, and that part of the judgement stood. The claimant sought specific performance, the judge had refused it, but Sudbrook was to be distinguished and an order for specific performance granted.
Lord Justice Potter, Lord Justice Mummery And Lady Justice Arden
[2003] EWCA Civ 747
England and Wales
Distinguished – Pritchard v Briggs CA 1980
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported . .
Cited – Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’) CA 2002
Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches the matter. Once the appellant has shown a real prospect (justifying permission . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – SS Hontestroom v SS Sagaporack HL 1927
The court discussed the weight to be given by an appellate court to findings of fact made by the court of first instance.
Held: Not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – In Re Duomatic Ltd ChD 1969
Payments were made by a company by way of remuneration to directors without complying with the company’s articles of association in that no resolution authorising the directors to receive remuneration had ever been passed in a general meeting of the . .
Distinguished – Sudbrook Trading Estate Ltd v Eggleton HL 1982
The grantors of an option, which contained a machinery for fixing the price, had refused to appoint a valuer and that made it impossible for the contractual machinery for the valuation of the option price to work. The House of Lords held that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.182592
The tenant sought the right to purchase the freehold reversion. Her landlord resisted saying that the properties were excluded from enfranchisement being divided vertically.
Held: The cases are fact dependent, and earlier precedents must be treated with caution after Malekshad. The words ‘which may reasonably be called a house’ are words of limitation. The buildings in this case were not divided vertically in the manner contemplated by section 2(1)(b). Appeal dismissed
Lord Justice Aldous Lord Justice Dyson
[2003] EWCA Civ 545, Gazette 09-May-2003
Leasehold Reform Act 1987 1 2(1)(b)
England and Wales
Cited – Malekshad v Howard de Walden Estates Limited HL 5-Dec-2002
A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed.
Held: The vertical division meant that the two houses could not be enfranchised as one under . .
Cited – Tandon v Trustees of Spurgeons Homes HL 1982
Tenants sought enfranchisement of their properties, but 75% of building consisted of a shop, and only 25% was living accomodation.
Held: The tenants were entitled to buy the freehold. The question whether a building is a house ‘reasonably so . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.181378
The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession.
Held: The wife had been unaware of the charge, and had not been made party to the proceedings. Nevertheless, the judgment was properly obtained, and the judge had no power to re-instate the claimant. Appeal allowed.
[2003] EWCA Civ 490
Administration of Justice Act 1970 36(2)
England and Wales
Cited – Cheltenham and Gloucester Building Society v Obi 1996
Once a warrant for possession has been executed, the statutory jurisdiction to re-instate a mortgagor is no longer exercisable. The court’s own inherent jurisdiction is exercisable only if either the judgment on which the warrant is based is set . .
Cited – Peabody Donation Fund v Hay CA 1986
After a warrant for possession has been executed, the court’s inherent jurisdiction to re-instate a tenant is available only where the original judgment is set aside or there is shown to have been some abuse of process in the obtaining of the . .
Cited – Hammersmith and Fulham London Borough Council v Hill CA 25-Apr-1994
A possession warrant issued under a secure tenancy of a dwelling-house may not be set aside after its execution, unless the possession order itself was set aside for example as having been obtained by fraud. If a possession order has been made, . .
Cited – Cheltenham and Gloucester Building Society v Obi 1996
Once a warrant for possession has been executed, the statutory jurisdiction to re-instate a mortgagor is no longer exercisable. The court’s own inherent jurisdiction is exercisable only if either the judgment on which the warrant is based is set . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.181165
A building contractor may assume a duty of care to a visitor, though the contractor was not viewed as the occupier, the occupier being separately liable to the injured plaintiff. However, ‘if the Plaintiff knew the danger, either because he was warned or from his own knowledge or observation, the question is whether the danger was such that in the circumstances no sensible man would have incurred it or, in other words, whether the Plaintiff’s exposing himself to the danger was a want of common or ordinary prudence on his part. If it was not, then the fact that he voluntarily or knowingly incurred the danger does not entitle the defendant to escape from liability.’
Lord Reid said: ‘There may be many cases in which warning is an adequate discharge of the duty . . but there are other cases when that is not so’ and illustrated this view by reference to case law. He continued: ‘The conclusion to be drawn from these cases appears to me to be that there is no magic in giving a warning. If the plaintiff knew the danger, either because he was warned or from his own knowledge and observation, the question is whether the danger was such that in the circumstances no sensible man would have incurred it or, in other words, whether the plaintiff’s exposing himself to the danger was a want of common or ordinary prudence on his part. If it was not, the fact that he voluntarily or knowingly incurred the danger does not entitle the defendant to escape from liability.’ The laintiff need not be a ‘paragon of circumspection’.
Lord Somervell of Harrow, Lord Cohen, Lord Reid
[1958] AC 240, [1957] 3 WLR 496, [1957] 3 All ER 1, [1957] UKHL 1, [1957] 1 QB 46
England and Wales
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.180983
The claimants requested a declaration that an option to repurchase land was void under the 1964 Act.
Held: The option to repurchase land was prima facie void. The right arose on the coming into existence of the agreement, or at the latest on the original purchase. The defendants sought assistance in equity under an estoppel by convention. The fact that the defendant’s right arose under statute did not prevent equity overriding that right. To establish an estoppel generally it was necessary to identify some unconscionable conduct on the part of the defendant. None was shown here. To establish an estoppel by convention, there was no requirement for unconscionable behaviour, but it was necessary to show some common mistake as to the meaning of the contract, followed by a course of conduct establishing reliance upon that conventional interpretation. That was absent here. The parties were merely mistaken.
Simon Berry QC
Times 21-Feb-2003, Gazette 13-Mar-2003, Gazette 10-Apr-2003, [2003] EWHC 750 (Ch), [2003] 23 EG 136, [2003] 2 EGLR 63, [2003] 10 EG 164, [2003] WTLR 609
Perpetuities and Accumulations Act 1964 9(2)
England and Wales
Cited – Adams v Lindsell KBD 5-Jun-1818
No Contract by Post until Acceptance Received
The defendant sent his offer of wool for sale to the plaintiff by post. The plaintiff’s acceptance was at first misdirected. Before receiving the reply the defendant had sold the wool elsewhere, but this was only after he would have received the . .
Cited – Crabb v Arun District Council CA 23-Jul-1975
The plaintiff was led to believe that he would acquire a right of access to his land. In reliance on that belief he sold off part of his land, leaving the remainder landlocked.
Held: His claim to have raised an equity was upheld. The plaintiff . .
Cited – Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
Cited – Keen v Holland CA 1984
Oliver LJ rejected a submission that, where parties were shown to have a common view about the legal effect of a contract into which they had entered and it was established that one of them would not, to the other’s knowledge, have entered into it . .
Cited – Shah v Shah CA 10-Apr-2001
The court was asked as to the enforceability of a document under the terms of which the defendants were to make a payment of pounds 1.5 million to the claimant. The document was described as a deed and provided for each defendant to sign in the . .
Cited – Taylor v Couch ChD 1-Mar-2012
The case raised the question of law involving the application of the rule against perpetuities to what, on the claimant’s case, is a right of pre-emption created before the coming into force in 2010 of the Perpetuities and Accumulations Act 2009.’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.180367
[2002] EWHC 2195 (Ch)
England and Wales
Updated: 07 June 2022; Ref: scu.178875
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription.
Held: The use of a right of way over a common by vehicles (as opposed to use by foot) was specifically an offence under the 1925 Act. Unlawful acts could not be relied upon to found a claim to an easement based upon prescription. This court was bound by clear previous authority, with which it agreed. To apply the doctrine of lost modern grant it was necessary to identify who might have been the parties to such a transaction. None could be found in this case.
Lord Justice Ward, Lady Justice Arden, Mr Justice Sullivan
Times 05-Feb-2003, [2003] EWCA Civ 23, Gazette 20-Mar-2003
Law of Property Act 1925 193, Countryside and Rights of Way Act 2000 68, Vehicular Access Across Common and Other Land (England) Regulations 2002 11, Prescription Act 1832 2
England and Wales
Appeal from – Bakewell Management Ltd v Brandwood and Others ChD 21-Mar-2002
The claimant sought a declaration that he had acquired an easement over land by driving over it, over several years. The land owner denied the easement, saying that section 193 made the claimant’s activity a crime, and that, following Hanning, . .
Cited – Philipps v Halliday HL 1891
The freehold owner sought to recover possession of a pew in a parish church. He brought evidence that for more than 70 years he and his family had used it, repaired it, and kept it under lock and key.
Held: A legal origin for the use ought to . .
Cited – Tehidy Minerals Ltd v Norman CA 1971
The fact that land had been requisitioned by the Ministry of Agriculture between 1941 and 1960 and the 20-odd years’ user relied on as having created the rights had preceded 1941 was a bar to a prescriptive claim to grazing rights under the . .
Cited – Davis v Whitby CA 1974
The court discussed the need for some system of acquisition of right by user.
Lord Denning MR said: ‘the long user as of right should by our law be given a lawful origin if that can be done.’
Stamp LJ said: ‘if long enjoyment of a right . .
Cited – Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council HL 25-Jun-1999
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those . .
Applied – Hanning and Others v Top Deck Travel Group Ltd CA 9-Jun-1993
The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot).
Held: An easement . .
Cited – Neaverson v Peterborough Rural District Council ChD 1902
The 1812 Act provided for the draining, enclosing and improving of a fen which was common land. Under the Act the grass growing on various roadways was vested in the surveyor of highways, who had power to let it for the pasturage of ‘sound and . .
Cited – Cargill v Gotts CA 1981
The Act prohibited abstraction of water from a river without a licence from the Water Authority. The defendant had no such licence, but asserted that having extracted water over many years from the mill pond, he had acquired the right to do so: ‘The . .
Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
Court of Appeal must follow Own Decisions
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
Cited – Morelle Ltd v Wakeling CA 1955
The plaintiff asserted ownership of leasehold land. A similar situation had arisen in an earlier case befoe the Court of appeal, and the court was asked to decide that that case had been decided per incuriam.
Held: The per incuriam principle . .
Cited – Rickards v Rickards CA 1990
The Court of Appeal considered the circumstances in which it could depart from its own earlier decisions under the residual principle. The court refused to follow a previous decision of the same court because, although the relevant House of Lords . .
Reversed on Appeal – Bakewell Management Limited v Brandwood and others HL 1-Apr-2004
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.178785
The Honourable Mr Justice Peter Smith <
[2002] EWHC 2729 (Ch)
England and Wales
Updated: 06 June 2022; Ref: scu.178448
When construing a conveyance of (or indeed a deed of grant over) the foreshore, it is a matter of interpretation whether what is conveyed (or granted) is the foreshore (or a right over the foreshore) at the time of the document or the foreshore as it exists from time to time.
[1825] EngR 224, (1825) 4 B and C 485, (1825) 107 ER 1140
England and Wales
Cited – Lynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.326315
A corporation may prescribe for common in gross for cattle levant and couchant within the town, but not for common in gross without number
[1845] EngR 155, (1845) 1 Wms Saund 343, (1845) 85 ER 495
England and Wales
Appeal from – Mellor v Spateman (1) 1845
. .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.303297
An option was granted for the sale of land subject to planning consent being granted. Eventually it was sought to exercise the option in respect of part only of the land.
Held: Though words in the contract made reference to all or part of the land, the references to the planning application were to the whole site, and in this context the option became exercisable only on the grant of permission for a substantial part of the site. This was not a substantial part. Landscaping works on other parts of the site would not count as development against this background and business context.
Lords Justice Thorpe, Rix and Arden
Gazette 20-Jun-2002, [2002] EWCA Civ 982
England and Wales
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.174059
Lord Hamilton
[2001] ScotCS 30, 2001 SCLR 725
Scotland
Updated: 05 June 2022; Ref: scu.169106
The claimant lender challenged a decision as to the application of mortgage inerest tax relief at source as it applied to the calculation of sums due under te charge in this possession claim.
[2001] EWCA Civ 1713, [2002] BTC 81
England and Wales
Updated: 05 June 2022; Ref: scu.167823
Lord Cranworth LC said that ‘Lord Hale gives as his reason for thinking that lands only covered by high spring tides do not belong to the Crown, that such lands are for the most part dry and manorable’, and that ‘the reasonable conclusion is, that the Crown’s right is limited to land which is for the most part not dry or maniorable’.
Lord Cranworth LC, Alderson B and Maule J
[1854] EngR 733, (1854) 4 De G M and G 206, (1854) 43 ER 486
England and Wales
Cited – Lynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.293590
A. and B. purchased land on a joint speculation with their joint monies for the purpose of laying it out in building plots, and reselling it at the joint profit or loss of A. and B. Held, that it was converted out and out, and the share of one of the partners deceased in part of the unrealised real estate passed to his personal representatives.
[1856] EngR 328, (1856) 3 Drew 495, (1856) 61 ER 992
England and Wales
Updated: 05 June 2022; Ref: scu.291083
The claimant sought to challenge the confirmation of a public footpath. Pitchford J described how the court should interpret the definitive map made under the 1981 Act: ‘The correct approach to interpretation of the definitive map and statement must be a practical one. They should be examined together with a view to resolving the question whether they are truly in conflict or the statement can properly be read as describing the position of the right of way. If they are in conflict, then the map must take precedence since the discretionary particulars depend for their existence on the conclusiveness of the obligatory map. Unless the statement can properly be interpreted as describing the same footpath as that shown on the map, then the statement cannot be regarded as conclusive evidence of the position of the footpath shown on the map. The question whether the statement does describe the position of a footpath shown on the map is, I accept, a matter of fact and degree. That the statement purports, by reference to the same footpath designation number, to specify the position of a footpath similarly designated on the map is some but, in my view, inconclusive evidence that it in fact does so . . The question whether the statement describes the position of the footpath marked on the map need not require the precision of a slide rule . . For the purposes of section 56 of the Wildlife and Countryside Act 1981 the definitive map is the primary and source document. If the accompanying statement cannot be read as supplying particulars of the position of the footpath shown on the map then the position as shown on the map prevails over the position described on the statement. It is conclusive evidence unless and until review under section 53(2). As the absence of authority in this fertile area of litigation demonstrates, the number of occasions when a statement cannot be regarded as compatible with the map will be rare. The question whether they are in irreconcilable conflict is a matter of fact and degree. In reaching a conclusion whether the statement can be reconciled with the map, a degree of tolerance is permissible, depending on the relative particularity and apparent accuracy with which each document is drawn. Extrinsic evidence is not relevant to this exercise save for a comparison between documents and the situation on the ground at or about the ‘relevant date’.’
Pitchford J
[2005] EWHC 119 (Admin), [2006] 1 WLR 1103
Wildlife and Countryside Act 1981 56
England and Wales
Cited – LE Walwin and Partners Limited v West Sussex County Council ChD 1975
The parties disputed the extent of a public bridleway. The definitive map appeared to show a bridleway stopping at a point where it met a footpath. However the definitive statement described the bridleway as running ‘to the foreshore’ ie. beyond the . .
Cited – Ernstbrunner v Manchester City Council and Another Admn 16-Dec-2009
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant . .
Cited – Kotarski and Another v Secretary of State for Environment, Food and Rural Affairs Admn 13-May-2010
The applicant sought to challenge an enquiry resulting in the confirmation of of a public right of way across his land. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.222617
National trust are not prevented by clauses in the Act from fencing in common land.
Times 03-Jul-1997
England and Wales
Updated: 05 June 2022; Ref: scu.84197
The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged.
Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside those of, for example, children living in the house. This might act to the detriment of banks, and the old authorities, whilst not entirely irrelevant, should be viewed with caution. Where the parties have reached a consensus on the beneficial interests in the property, the court will give effect to it, unless there is very good reason for not doing so, such as a subsequent renegotiation.
Neuberger J
Gazette 16-Mar-2000, Times 21-Mar-2000, [2000] 1 FLR 973, [2001] Ch 743, [2000] EWHC Ch 452
Trusts of Land and Appointment of Trustees Act 1996 14 15, Law of Property Act 1925 30
England and Wales
Cited – Stack v Dowden CA 13-Jul-2005
The parties purchased a property together. The transfer contained a survivorship restriction but no declaration of the beneficial interests. The judge had held the property to be held as tenants in commn on equal shares.
Held: In a case where . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.83867
Land was transferred from son to his father with no consideration expressed. The father died and the son claimed that the absence of consideration meant that the house was to be held upon trust for the donor and donee as beneficial joint tenants in equal shares, and that accordingly upon the death of the father he was entitled to his share.
Held: The section was clear and that a conveyance for nil value meant what it said. A person seeking to establish a resulting trust had to prove it. The voluntary conveyance was effective in the terms in which it was expressed.
Gazette 07-Sep-2000
Law of Property Act 1925 60 (3)
England and Wales
Updated: 04 June 2022; Ref: scu.83151
The buyers agreed to purchase a property at auction, but having failed to complete they were served with a notice to complete. They challenged that notice saying there was an outstanding writ for possession against the property, and that ministerial consent had not been obtained for the sale. It was held that the claim for forfeiture did not bring the lease to an end, and in this case was clearly unsustainable in law. Nor did the lack of ministerial consent vitiate the lease. The challenges did not go to title and the notice to complete stood.
Gazette 16-Mar-2000, Times 29-Mar-2000
England and Wales
Updated: 04 June 2022; Ref: scu.83164
[2001] ScotCS 128
Scotland
Updated: 04 June 2022; Ref: scu.164202
An option was granted by the will. Its validity was challenged because of difficulties in the method of reaching a valuation. It was occupied and it could not be agreed whether an assumption was to be made that the occupier would consent to the sale.
Honourable Mrs Justice Arden DBE
[2000] EWHC Ch 167
England and Wales
Cited – Day v Trig 1715
The testator had made a testamentary gift of his freehold houses in Aldersgate Street, when he had only leasehold properties there, the word ‘freehold’ was rejected. The court stated that it would not have done this if there had also been freehold . .
Cited – Re Malpass ChD 1985
The testator gave an option to his son to purchase his farm ‘at the agricultural value thereof determined for probate purposes . . as agreed with the district valuer’. The district valuer would not participate in this valuation.
Held: The . .
Cited – Sudbrook Trading Estate v Eggleston HL 1983
An option was granted to purchase the reversion conferred on the lessees under certain leases. The price was be not less than andpound;12,000, and it was to be fixed by valuers appointed by each party and default of agreement it was to be fixed by . .
Cited – Re Fleming’s Will Trusts 1974
By his Will made in 1969, the testator bequeathed to the first defendants his leasehold house at Narcissus Road. The house was than held under a lease term expiring on 28th September, 2008 subject to covenants to repair. In April 1971, the testator . .
Cited – Re Hammersley 1965
A court will not speculate as to a testator’s intentions if they cannot be ascertained. . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.162985
The defendant builder contracted to build on and then convey the land and building to the claimant. The builder charged the land, but failed to complete the building, and went into liquidation. The claimant sought specific performance with a reduction of the purchase price reflecting the breach. The builder asserted that the obligation to sell only arose on the completion of the building. It was held that the claimant was entitled to the land, since the builder could not rely upon his own fault. Any conditionality was gone once the building work began.
Gazette 17-Aug-2000
England and Wales
Updated: 04 June 2022; Ref: scu.83364
Where a bankrupt was joint owner of property abroad but within the European Community, an English court could order the property to be sold and the proceeds paid to the trustee. Such an order could not be made against the land itself, but could be effective against the bankrupt in personam. The bankrupt and his wife could be ordered to sell the property at the best price reasonably obtainable, or to require the conveyance of the property to the trustee.
Times 16-Mar-2000
Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) (Cmnd 7395), Insolvency Act 1986 436
England and Wales
Updated: 03 June 2022; Ref: scu.84787
Land had been owned by the authority and used as a children’s home. After a boundary change taking the land outside its area, it sought to sell the land for development. The neighbours, claiming the benefit of a restrictive covenant allowing only one house on the land, objected. Using the 1972 Act, the authority purported to override the covenant by appropriating the property to planning purposes. They now sought validation of that appropriation.
Held: The appopriation was unsuccessful. The section allowed no greater power than the power to acquire land for any particular purpose, and it could not have been acquired for that purpose, since the land was no longer within its district. The authority had to show the appropriation was for a purpose set out in the section, which did not include the satisfaction of the planning purposes of a different authority.
Paul Baker QC J
[1993] 68 P and CR 166, [1993] 91 LGR 566, [1993] 2 EGLR 181, [1993] 33 EG 91
Local Government Act 1972 122, Town and Country Planning Act 1971 127, Town and Country Planning Act 1990 237 246
England and Wales
Updated: 02 June 2022; Ref: scu.261592
Court will not allow order for sale of mortgaged property instead of repossession where very substantial expected shortfall.
Gazette 04-Feb-1998
England and Wales
Updated: 02 June 2022; Ref: scu.84634
Mr Justice Lightman
[2006] EWHC 1386 (Ch)
England and Wales
Updated: 02 June 2022; Ref: scu.242465
Land was sold by the authority for a public house, and the authority covenanted not to permit sales of alcohol within a half mile. They later sold land for a football stadium within that area and from where alcohol would be sold. The covenant was held to be limited to the acts of the council, and did not, because of the omission of explicit words from this clause as compared to others in the document, bind successors in title.
Gazette 22-Jun-2000
England and Wales
Appealed to – Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others CA 21-Jul-2000
A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile.
Held: The covenant operated personally only. The covenants which might be implied by the section . .
Appeal from – Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others CA 21-Jul-2000
A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile.
Held: The covenant operated personally only. The covenants which might be implied by the section . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 June 2022; Ref: scu.83839
The Commons Commissioner had included a wood within the commons. The landowner appealed.
Held: A 1933 conveyance as had referred to the land as ‘several pieces or parcels of land adjoining and enjoyed with’ the house, and it had been enjoyed with the house for many years. The wooded garden should excluded from the common. The words ‘land ancillary to’ a dwelling house should be read to include a garden, and need not be construed tightly so as to include only agricultural or cultivated land.
Gazette 16-Sep-1992, [1992] 1 WLR 1088, [1993] 1 All ER 213
Common Land (Rectification of Registers) Act 1989 1(2) 1(3)
England and Wales
Cited – Re Land at Freshfields ChD 27-Jan-1993
Where land had been registered by the Commons Commissioner as common land by virtue of a mistake, the Act provided no mechanism for the correction of that mistake. In this case it was not established that the land comprised fields which were not as . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 June 2022; Ref: scu.79624
The meaning of ‘curtilage’ whilst not strictly a term of art had caused considerable difficulties. There was nothing inherent in the concept to imply any limitation that the area should be small. In this case the curtilage of a manor house could clearly include stable houses 200 meters from the main house. Accordingly those buildings were included within the property subject to the listed buildings order. The general legislative purpose of both regimes is the protection of the national heritage, and the particular purpose of the extending provisions is to ensure that not only the heritage property itself, but also its fixtures and its environment, are protected.
Times 08-Mar-2000, Gazette 09-Mar-2000, [2000] EWCA Civ 60, [2001] QB 59, [2000] 2 PLR 84
Planning (Listed Buildings and Conservation Areas) Act 1990, Ancient Monuments and Archeological Areas Act 1979 61(7)
England and Wales
Appeal From – Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council Admn 22-Mar-1999
The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential . .
Cited – Attorney-General ex relater Sutcliffe and Others v Calderdale Borough Council CA 1982
The court discussed whether a terrace of cottages was within the curtilage of an old factory which was a listed building. At first instance, Skinner J had held that they were, and that permission could not be granted for their demolition. The . .
Cited – Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited HL 26-Feb-2004
The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating.
Held: The outbuilding to which alterations were made must have . .
Cited – Lowe v First Secretary of State and Another Admn 6-Feb-2003
The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building.
Held: The inspector had . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 May 2022; Ref: scu.147093
Appeal against order for possession in proceedings brought by mortgagee bank.
Swinton Thomas, Robert Walker, Laws LJJ
[2000] EWCA Civ 21
England and Wales
Updated: 31 May 2022; Ref: scu.147054
A footpath on a definitive map may not be moved by means of an administrative order.
Times 11-Nov-1994
Wildlife and Countryside Act 1981 5
England and Wales
Updated: 31 May 2022; Ref: scu.87718
[1999] EWCA Civ 1991
England and Wales
Updated: 31 May 2022; Ref: scu.146906
[2002] EWHC 1568 (Technology)
England and Wales
Appeal Dismissed – L E Jones (Insurance Brokers) Ltd v Portsmouth City Council CA 7-Nov-2002
The claimant sought compensation for damage caused to his property by the roots of trees on the verge outside his premises.
Held: The respondent did exercise lawful control over the trees, even though it did not own the land on which they . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 May 2022; Ref: scu.175288
Nugee J
[2017] EWHC 3397 (Ch)
England and Wales
See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016
The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. . .
See Also – Holyoake and Another v Candy and Others ChD 29-Nov-2016
Application by the Defendants for security for costs. . .
See Also – Holyoake v Candy and Another QBD 24-Jan-2017
The claimant sought to have access to his personal information held by the defendant. The defendant relied upon the legal professional privilege exemption. . .
See Also – Holyoake and Another v Candy and Others ChD 27-Feb-2017
Applications for further disclosure on the grounds of collateral waiver. . .
See Also – Candy and Others v Holyoake and Another CA 28-Feb-2017
Appeal against grant of ‘notification injunction’ . .
See Also – Candy v Holyoake and Others QBD 2-Mar-2017
Mr Candy claimed remedies for what he alleged were completed or threatened wrongs in the form of breach of confidence, misuse of private information, and breach of the Data Protection Act 1998 (‘DPA’) against five defendants, one of whom had filmed . .
See Also – Candy v Holyoake and Others (No 2) QBD 22-Nov-2017
. .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.602615
A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not ‘as of right’ because a revocable deed by the landowner’s predecessor under section 193 of the Law of Property Act 1925 rendered the use as by way of licence. There was no need for evidence of communication to users of the way of an intention not to dedicate or for evidence of continuity of such intention throughout the 20-year period: ‘The authorities cited by Mr Laurence, Ex parte Blake [1984] JPL 101, Ex parte Cowell [1993] JPL 851, Ward’s case, 70 P and CR 585 and O’Keefe’s case do no more than establish the proposition that evidence of the landowner’s intention must be overt and contemporaneous. Thus, it will not avail the landowner to assert after the event that he had no intention to dedicate, but he is not required to publicise his intention to users of the way.
The only dicta to the contrary are those of Denning LJ in Fairey . . Mr Laurence accepts that they were obiter. In so far as they equate the evidence necessary to satisfy the proviso with the evidence necessary to bring home to the public that their right to use the way is being called into question, they go too far . .
Implicit in Mr Laurence’s submissions is the existence of a very fine line between acts that are sufficiently ‘open and notorious’ to be capable of bringing the landowner’s intention not to dedicate to the attention of the public, and those which are not so open and notorious that they succeed in bringing the use of the way into question. His approach seems to me to leave little if any scope for the operation of the proviso. The landowner must not keep his intention locked in his own mind, but whether his acts are fairly described as overt or covert must be a question of fact for the inspector.
I do not accept Mr Laurence’s submission that for the proviso to operate at all there must be evidence that there was no intention to dedicate for the whole of the 20-year period. Whilst ‘that period’ is a reference back to the 20-year period, ‘during that period’ is not to be equated with ‘throughout that period’. Thus, if there is sufficient evidence that for say five or ten years during the 20-years’ period a landowner who objected to riders or walkers across his land had no intention to dedicate, that would defeat a claim of dedication under section 31(1). I consider that such an approach is consistent with that adopted by Balcombe LJ in Ex parte Cowell . . in respect of the effect of a section 31(3) notice which is not maintained throughout the whole of the relevant period. It is effective for the period during which it is maintained. If the evidence shows that there was no intention to dedicate for only a very short period during the 20 year period questions of de minimis may well arise. They would have to be resolved on the facts by the inspector hearing the evidence.’
Sullivan J
Times 04-Mar-1998, [1998] EWHC Admin 189, [1999] QB 374, [1998] 3 WLR 1240
Law of Property Act 1925 193(1), Wildlife and Countryside Act 1981 53(2)
England and Wales
Criticised – Fairey v Southampton City Council CA 1956
The landowner denied that a public right of way had been created over his land. Under the 1932 Act, 20 years user expiring at any time, even before the Act came into force, was capable of giving rise to a deemed dedication of a public highway under . .
Cited – Besley v John CA 29-Oct-2003
The defendant farmed land adjacent to land over which he had registered rights of common allowing him to graze sheep. The freeholders brought the action saying that the use was in excess of the rights. He counter-claimed that the extension of a golf . .
Cited – Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs CA 19-Dec-2005
The court considered whether a pathway had become a public highway.
Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that . .
Cited – Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs HL 20-Jun-2007
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138310
COMPENSATION – compulsory purchase – dwelling house – untraceable owner – valuation of freehold interest – compensation assessed at andpound;95,000
[2010] UKUT 52 (LC)
England and Wales
Updated: 26 May 2022; Ref: scu.415002
A track did not become a bridleway by allowing use by vehicles through long use unless that use pre-dated 1949. There was a later statutory bar.
Times 20-Feb-1998
National Parks and Countryside Act 1949
England and Wales
Updated: 26 May 2022; Ref: scu.87805
Mr Bagshaw sought an order modifying the definitive map and statement to show a former mine track as a public right of way.
Held: A claimant seeking to establish a public path had to show evidence in support or that it was reasonable to make the allegation.
Owen J, referring to 53(3)(c)(i) said: ‘It is necessary to give some meaning to all the words used. Accordingly, there must be a difference between showing ‘that a right of way which is not shown in the map and statement subsists’ and showing that a right of way which is not shown in the map and statement ‘is reasonably alleged to subsist’. Accordingly the questions for the council and subsequently for the Secretary of State were: does the evidence produced by the claimant together with all the other evidence available show that either– (a) a right of way subsists? (I shall call this test ‘A’), or (b) it is reasonable to allege that a right of way subsists? (I shall call this test ‘B’). To answer either question must involve some evaluation of the evidence and a judgment upon that evidence. For the first of those possibilities to be answered in the affirmative, it will be necessary to show that on a balance of probabilities the right does exist. For the second possibility to be shown it will be necessary to show that a reasonable person, having considered all the relevant evidence available, could reasonably allege a right of way to subsist.’
Owen J
Times 06-May-1994, [1994] 68 P and CR 402
Wildlife and Countryside Act 1981 53(3)(c)(I)
England and Wales
Cited – Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs Admn 22-Jun-2004
Application was made to quash an order modifying the Council’s definitive map of public rights of way.
Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that . .
Cited – Regina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it.
Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 May 2022; Ref: scu.87786
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make a charge, but simply that the covenant restricting the use of the plot to one private dwelling-house was entirely valid.
Jackson J
Times 21-Jul-1999, [1999] EWHC Admin 626
Housing Act 1985 Part V Sch 6 Par 6
England and Wales
Appealed to – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Congreve v Secretary of State for the Home Office CA 1976
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the . .
Cited – Bromley London Borough Council v Greater London Council HL 17-Dec-1981
Councillors’ Duties replace Election Promises
Bromley complained of a supplementary precept issued by the respondent to implement a commitment, contained in an election manifesto for the election in May 1979, upon which the majority on the GLC had been elected.
Held: In making choices of . .
Cited – Norglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .
Cited – Barclays Bank Plc v Hendricks and Another ChD 3-Nov-1995
The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
Appeal from – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
Cited – Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another CA 27-May-2011
The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.85140