| In this section: JERESY | JUDICIAL REVIEW | LANDLORD AND TENENT | LEGAL AID | LIMITATION
OF ACTION | LOCAL GOVERNMENT | MINES | NATURAL JUSTICE | NEGLIGENCE | POLICE | PRACTICE | PRISONS |
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| JERSEY |
Crime — Judge — Bias — Criminal trial before judge and jurats — Judge constantly interrupting witnesses and indicating disbelief of defence case — Whether trial rendered unfair — Whether sufficient to lead to quashing of conviction despite overwhelming evidence against defendant
Michel v The Queen; [2009] UKPC 41
[2009] WLR (D) 312
04/11/09
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| JUDICIAL REVIEW |
Public authority — Duty of candour — Claimants challenging compulsory military service in Bermuda — Challenge raising issue as to whether governor had addressed size of regiment in reasonable manner and taken all reasonable steps to recruit volunteers — Whether governor complying with duty of candour in response to legal challenge — Whether shifting onus of proof
Marshalland others v Deputy Governor of Bermuda and others; [2010] UKPC 9
[2010] WLR (D) 133
24/05/10
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| LANDLORD AND TENANT |
Leasehold enfranchisement — Valuation — Whether value of landlord’s or freeholder’s interest in premises to include value of option to sell lease extension or freehold to tenant — “Hope value” — Leasehold Reform Act 1967, s 9 — Leasehold Reform, Housing and Urban Development Act 1993 (as amended), Sch 6, paras 3, 4, Sch 13, paras 3, 4
Earl Cadogan and another v Sportelli and another [2008] UKHL 71
- [2008] 1 WLR 2142
10/12/08
Assignment of lease or undertaking — Effect of assignment — Landlord serving statutory notice of intention to recover unpaid rent from assignor — Whether revised rent to be determined in pending rent review “now due” — Landlord and Tenant (Covenants) Act 1995, s 17 — Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 (SI 2964/1995), Sch, Form 1
Scottish & Newcastle plc v Raguz [2008] UKHL 65
- [2009] Bus LR 72
29/10/08
Leasehold enfranchisement — Qualifying tenant — Whether head lessee of block of flats entitled to new lease of single flat in block — Leasehold Reform, Housing and Urban Development Act 1993, s 39
Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd [2008] UKHL 44; [2008] WLR (D); [2008] WLR (D) 208
- [2008] 3 WLR 244
25/06/08
Leasehold enfranchisement — Adjoining properties — Whether landlord’s intention to redevelop tenant’s flat and flat below into single unit defeating tenant’s right to acquire new lease — Whether two flats together constituting “premises” in which tenant’s flat contained — Leasehold Reform, Housing and Urban Development Act 1993, s 47
Majorstake Ltd v Curtis [2008] UKHL 10
- [2008] 1 AC 787
06/02/08
Leasehold enfranchisement — Tenants’ right to acquire reversion — Premises built as residences — Subsequently either used for commercial purposes or incapable of residential use — Tenants serving notice seeking enfranchisement — Whether premises “designed or adapted for living in” when notice served — Whether tenants entitled to enfranchisement — Leasehold Reform Act 1967 (as amended by Commonhold and Leasehold Reform Act 2002, s 138(1)), s 2
Boss Holdings Ltd v Grosvenor West End Properties and another [2007] UKHL 5; [2008] WLR (D) 16
- [2008] 1 WLR 289
30/01/08
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| LEGAL AID |
Funding — Appeal — Funded litigant successful in Court of Appeal — Unsuccessful litigant granted leave to appeal to Supreme Court — Legal Services Commission refusing to fund costs of resisting appeal unless protective costs order made against appellant — Whether approach of Legal Services Commission reasonable
R (E) v Governing Body of JFS and others (No 2); [2009] UKSC 1
[2009] WLR (D) 298
14/10/09
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| LIMITATION OF ACTION |
Land, recovery of — Possessory title — Squatter having previously made “without prejudice” offer to buy property — Whether admissible as evidence of acknowledgement of title — Limitation Act 1980, ss 15, 29(2)(a)
Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91
11/03/09
Personal injuries — Claim for damages for sexual assault — Whether time running from date of knowledge of significance of injury — Limitation Act 1980, ss 2, 11, 14, 33
A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6
[2008] WLR (D) 20
30/01/08
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| LOCAL GOVERNMENT |
Homeless person — Refusal of offer of accommodation — Claimants asserting letter explaining consequences of refusal never received — Local authority officer reviewing cases and concluding authority’s duty to claimants discharged — Claimants alleging review procedures not compatible with their rights to fair determination of civil rights — Whether local authority’s statutory duty to homeless persons giving rise to “civil rights” — Housing Act 1996 (c 52), ss 193 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6(1)
Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening); [2010] UKSC 8
[2010] WLR (D) 86
17/02/10
Homeless persons — Accommodation available for occupation — Claimants in occupation not reasonable for them to continue to occupy — Local housing authority leaving them there until better accommodation available — Whether discharging duty — Allocation policy — Whether lawful — Woman in refuge — Whether refuge “accommodation” — Whether “reasonable … to continue to occupy” — Housing Act 1996, ss 175(1)(3), 191(1), 193(2)
Birmingham City Council v Ali and others; [2009] UKHL 36
[2009] WLR (D) 221
01/07/09
Powers — Housing — Allocation of resources — Authority changing from needs based to choice based scheme — Applicants with priority needs awarded accommodation according to length of time on waiting list save for exceptional cases — Whether scheme of allocation lawful — Whether scheme reasonable — Housing Act 1996, s 167 (as amended by Homelessness Act 2002, s 16, Housing Act 2004, s 223, Housing and Regeneration Act 2008, s 314, Sch 15, Pt 1, paras 1, 2)
R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78
04/03/09
Homeless persons — Priority need — Family court making shared residence order in respect of three children — Father applying for housing as homeless person with whom children “might reasonably be expected to reside” — Whether housing authority obliged to regard father as being in priority need — Housing Act 1996, s 189(1)(b)
Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31
04/02/09
Powers — Gipsies — Travellers occupying caravan site under licence agreement — Local authority serving notice to quit — Whether infringing Convention right to respect for home — Mobile Homes Act 1983, s 5(1) — Human Rights Act 1998, ss 3(1), 6(1)(2)(b), Sch 1, Pt I, art 8
Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291
- [2008] 3 WLR 636
30/07/08
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| MINES |
Petroleum and natural gas — Access, right of — Defendant owning licence to search for and obtain petroleum in reservoir in strata partly under claimant's land — Defendant using pipeline laid by predecessor under claimant's land without agreement — How statutory compensation to be assessed — Measure of damages for trespass — Petroleum (Production) Act 1934, ss 1(1), 2(1), 3(1)(2)(b), — Mines (Working Facilities and Support) Act 1966, ss 3(2)(d), 8(2)
Bocardo SA v Star Energy UK Onshore Ltd and another; [2010] UKSC 35
[2010] WLR (D) 204
28/07/10
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| NATURAL JUSTICE |
Apparent bias — Judge’s membership of association — Judge belonging to association of Jewish lawyers determining asylum claim of Palestinian activist — Whether extreme views in association's magazine to be imputed to judge — Whether possibility of bias
Helow v Secretary of State for the Home Department [2008] UKHL 62
[2008] WLR (D) 326
22/10/08
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| NEGLIGENCE |
Causation — Loss of earnings — Claimant injured in railway accident suffering post traumatic stress disorder — Claimant killing man whilst suffering from disorder and detained in hospital — Whether claim for loss of earnings while detained barred on grounds of public policy
Gray v Thames Trains Ltd; [2009] UKHL 33
[2009] WLR (D) 195
17/06/09
Duty of care to whom? — Local authority — Council house tenant issuing death threats to neighbour — Local authority summoning tenant to meeting and telling him he faced eviction from home — Tenant leaving meeting and fatally assaulting neighbour — Whether local authority under duty to warn neighbour meeting had been called
Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65
18/02/09
Duty of care to whom? — Registration authority — Authority applying ex parte for order for cancellation of registration in respect of nursing home — Application made on basis of slipshod investigation and inaccurate information — Proprietors of home suffering financial loss — Whether authority owing common law duty of care to proprietors — Registered Homes Act 1984, s 30
Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14
22/01/09
Duty of care — Police — Claimant reporting to police threats of violence from identified attacker — Claimant suffering serious injury by attacker — Police failing to take preventative steps before attack — Whether police owing duty of care to claimant — Whether claimant having cause of action against police
Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284
[2008] WLR (D) 284
30/07/08
Causation — Suicide — Employee injured at work — Employer liable — Employee suffering from severe depression as result of accident — Eventual suicide — Whether employer liable — Contributory negligence — Fatal Accidents Act 1976, s 1
Corr v IBC Vehicles Ltd [2008] UKHL 13; WLR (D) 62
- [2008] 2 WLR 499
27/02/08
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| PATENT |
Revocation — Insufficiency — Product claim to single chemical compound — Whether to be restricted to technical contribution to art made by invention — Inventive concept — Patents Act 1977 , s 14(5)(c)— Convention on the Grant of European Patents (1973), art 84
Generics (UK) Ltd and others v H Lundbeck A/S [2009] WLR (D) 68
25/02/09
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| POLICE |
Powers — Breach of peace — Police imposing cordon around demonstrators and preventing them from leaving for many hours — Whether breach of right to liberty — Human Rights Act 1998, Sch 1, Pt I, art 5
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26
28/01/09
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| PRACTICE |
Parties — Substitution — Claims against producer of defective products — Claim mistakenly made against distributor rather than producer — Whether permissible to substitute producer as defendant outside limitation period — Council Directive 85/374/EEC, art 11
O’Byrne v Aventis Pasteur MSD Ltd; [2010] UKSC 23
[2010] WLR (D) 137
26/05/10
Parties — Joinder — Derivative action by beneficiary of will — Whether requirement to join personal representative — Whether amendment of personal claim to add derivative action after expiry of limitation period permissible — CPR r 19.5(3)(b)
Roberts v Gill & Co; [2010] UKSC 22
[2010] WLR (D) 130
19/05/10
Judgment — Enforcement — Order for officer of corporate judgment debtor to attend court to provide information — Officer resident and domiciled outside jurisdiction — Whether jurisdiction to grant order against officer abroad — Civil Procedure Act 1997, s 1 — CPR r 71.2
Masri v Consolidated Contractors International (UK) Ltd and others (No 4) ; [2009] UKHL 43 [2009] WLR (D) 275
30/07/09
Stay of proceedings — Jurisdiction under European Convention — Claimants issuing proceedings in High Court — Copy claim form not served on Swiss defendants — Defendants issuing proceeedings in Switzerland involving same cause of action — Swiss court seised of proceedings on issue — Whether order dispensing with service making High Court “first seised” of proceedings — Civil Jurisdiction and Judgments Act 1982, Sch 3C (as inserted by Civil Jurisdiction and Judgments Act 1991, s 1(3), Sch 1)
Phillips and another v Symes and others [2008] UKHL 1; [2008] WLR (D) 6
[2008] WLR (D) 6
23/01/08
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| PRISONS |
Prisoner’s rights — Release on licence — Computation of release dates where prisoner serving consecutive sentences of less than and more than 12 months — New statutory sentencing regime with transitional provisions — Proper calculation of earliest release date on home detention curfew and licence — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Savings Provisions) Order 2005 (SI 2005/950), Sch 2, para 14
Regina (Noone) v Governor of HMP Drake Hall and another; [2010] UKSC 30
[2010] WLR (D) 164
3090010
Prisoners’ rights — Release on licence — Indeterminate sentence for public protection — Expiry of tariff period — Prisoner’s need to demonstrate to Parole Board that detention no longer necessary — Performance of treatment courses likely prerequisite — Failure of Secretary of State to provide courses — Whether continued detention lawful — Whether breach of Convention rights — Crime (Sentences) Act 1997, s 28(6)(b)(7) — Human Rights Act 1998, Sch 1, Pt I, art 5(1)(4) — Criminal Justice Act 2003, s 225
R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same (Same intervening)) [2009] UKHL 22; [2009] WLR (D) 145
06/05/09
Prisoners’ rights — Consultations with lawyers — Covert surveillance of consultation — Whether lawful — Regulation of Investigatory Powers Act 2000, s 27
Service of Northern Ireland; M v Same [2009] UKHL 15; [2009] WLR(D) 90
11/03/09
Prisoners' rights — Release on licence — Prisoner serving long-term determinate sentence over 15 years — Secretary of State having power to reject Parole Board recommendation that prisoner be released on licence — Whether incompatible with Convention right to liberty — Criminal Justice Act 1991, s 35(1) — Human Rights Act 1998, Sch I, Pt 1, art 5(4)
R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19
21/01/09
Prisoners’ rights — Release on licence — Prisoner serving life sentence released on licence — Licence revoked after allegations of child sexual abuse but no charges brought — Life Sentence Review Commissioners advising Secretary of State on whether to release prisoner — Standard of proof to be applied — Life Sentences (Northern Ireland) Order 2001 (SI 2564/2001)
In re D (Secretary of State for Northern Ireland intervening) [2008] UKHL 33
- [2008] 1 WLR 1499
11/06/08
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