Results: 137

• Egan v Basildon Borough Council

  29 Sep 2011 [2011] EWHC 2416 (QB); [2012] PTSR 1117; [2011] WLR (D) 280, QBD (Edwards-Stuart J)

  Subsequent citations: 1.
  PLANNING — Planning control — Breach
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  Case index catchwords

  PLANNING — Planning control — Breach — Travellers occupying land in breach of planning control — Local authority proposing to enter land and take steps to remedy breaches identified in enforcement notices — Travellers seeking injunction to restrain local authority from entering land — Whether local authority having power to demolish buildings or structures not mentioned in enforcement notice — Extent of power to carry out enabling works or to take steps incidental to statutory power — Whether injunction to be granted — Local Government Act 1972, s 111(1) — Town and Country Planning Act 1990, s 178(1) (as substituted by Planning and Compensation Act 1991, s 7(1))

  1 Case considered

  2 Statutes considered

• Brough v Law (SL v Child Maintenance and Enforcement Commission)

  11 Dec 2009 [2009] UKUT 270 (AAC); [2011] 1 FLR 322, UT (Judge Levenson)

  20 Oct 2011 [2011] EWCA Civ 1183; [2012] 1 WLR 1021; [2012] PTSR 897; [2012] 1 FLR 375; [2011] WLR (D) 300; The Times, 7 November 2011, CA (Pill LJ, Rimer LJ, Lewison LJ)

  SOCIAL SECURITY — Child support maintenance — Assessment

  CHILDREN — Child maintenance orders — Effect of reconciliation
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  Case index catchwords

  SOCIAL SECURITY — Child support maintenance — Assessment — Assessment of absent parent — Maintenance assessment carried out on absent parent of qualifying child before parents briefly reconciled — During reconciliation father no longer absent parent — Whether child no longer “qualifying child” — Whether assessment ceasing to have effect as result of reconciliation — Child Support Act 1991, s 3, Sch 1, para 16(1)(b)

  CHILDREN — Child maintenance orders — Effect of reconciliation — Whether decision by statutory decision-maker required for assessment to cease to have effect

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Shergill v Khaira

  17 Jul 2012 [2012] EWCA Civ 983; [2012] PTSR 1697; [2012] WLR (D) 214, CA

  04 Feb 2013 (appn all) [2013] PTSR 377, SC(E)

  20 Dec 2013 (Compromise of action) [2013] EWHC 4162 (Ch); [2014] CN 114, Ch D (Judge Purle QC)

  11 Jun 2014 [2014] UKSC 33; [2015] AC 359; [2014] 3 WLR 1; [2014] PTSR 907; [2014] 3 All ER 243; [2014] WLR (D) 263; Case details, SC(E)

  Subsequent considerations : 3 positive; 4 neutral; most recently considered: 2021. Subsequent citations: 39.
  CHARITY — Trustees — Power to appoint

  CHARITY — Charity proceedings — Compromise of action
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  Case index catchwords

  CHARITY — Trustees — Power to appoint — Temples established under charitable trust to promote beliefs of Sikh religious sect — Dispute as to whether particular individual was spiritual successor having power under trust deed to appoint trustees — Claim for declaration that claimant trustees lawfully appointed by spiritual successor — Whether issue involving determination of religious belief — Whether issue justiciable

  CHARITY — Charity proceedings — Compromise of action — Defendants alleging binding agreement compromising appeal — Whether being agreement reached

  7 Case(s) considered

• R (Modaresi) v Secretary of State for Health

  23 Nov 2011 [2011] EWCA Civ 1359; [2012] PTSR 999; [2011] WLR (D) 340, CA

  13 Jun 2012 [2012] PTSR 1206, SC(E)

  24 Jul 2013 [2013] UKSC 53; [2013] PTSR 1031; [2013] 4 All ER 318; [2013] WLR (D) 309; Case details, SC(E)

  Subsequent citations: 5.
  MENTAL DISORDER — Mental health tribunal — Application to
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  Case index catchwords

  MENTAL DISORDER — Mental health tribunal — Application to — Patient applying for review of admission to hospital for assessment — Time limit for application expiring on public holiday — Application form faxed to hospital trust in time but not received by tribunal until first working day after public holiday — Tribunal treating application as out of time — Secretary of State refusing to refer patient’s case to tribunal because patient having fresh opportunity for application as now detained for treatment — Whether time limit extended to working day following public holiday — Whether application in time — Whether refusal to refer breaching patient’s Convention right to liberty — Whether refusal lawful — Mental Health Act 1983 (as amended by Mental Health Act 2007, s 32, Sch 3, para 18 and Transfer of Tribunal Functions Order 2008, art 6, Sch 3, paras 46, 47), ss 66(1)(2), 67(1) — Human Rights Act 1998, Sch 1, Pt I, art 5.4 — Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, rr 12(2), 32

  3 Case(s) considered

  3 Statutes considered

  1 Statutory Instrument considered

• G Hamilton (Tullochgribban Mains) Ltd v Highland Council

  11 Jul 2012 [2012] UKSC 31; [2012] PTSR 1495; [2012] WLR (D) 200; Case details; 2013 SC (UKSC) 45, SC

  Subsequent citations: 1.
  PLANNING — Planning permission — Mineral working

  TOWN AND COUNTRY PLANNING — Planning permission — Review of old mineral planning permissions
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  Case index catchwords

  PLANNING — Planning permission — Mineral working — Review of old mineral working planning permission — Site plan relating to original planning permission lost — Planning authority listing smaller site as dormant mineral site — Authority subsequntly proposing to approve schedule of conditions lodged by owners of mineral rights in relation to larger site — Whether extent of site determined definitively when site listed — Town and Country Planning (Scotland) Act 1997, s 74, Sch 9

  TOWN AND COUNTRY PLANNING — Planning permission — Review of old mineral planning permissions — Planning permission granted in 1965 over area of land but with mineral working having taken place on only part of that land

  1 Case considered

  1 Statute considered

• Solihull Metropolitan Borough Council v Hickin

  27 Jul 2010 [2010] EWCA Civ 868; [2010] 1 WLR 2254; [2011] PTSR 103 {0} {1}, CA

  24 Mar 2011 (appn all) [2011] 1 WLR 920; [2011] PTSR 579, SC(E)

  25 Jul 2012 [2012] UKSC 39; [2012] 1 WLR 2295; [2012] PTSR 1272; [2012] 4 All ER 867; [2012] WLR (D) 224; Case details, SC(E)

  Subsequent citations: 3.
  HOUSING — Secure tenancy — Death of tenant
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  Case index catchwords

  HOUSING — Secure tenancy — Death of tenant — Local housing authority granting periodic tenancy to husband and wife as joint tenants — Husband subsequently leaving property while wife and daughter continuing to reside in it as only and main residence — On wife’s death authority serving notice to quit on husband as surviving sole tenant and claiming possession against daughter — Whether wife’s death giving daughter statutory right to succeed to tenancy — Whether authority entitled to possession — Housing Act 1985 (as amended by Housing Act 1996, ss 141(1), 222, Sch 14, para 1, Sch 18, para 10 and Civil Partnership Act 2004, ss 81, 261(4), Sch 8, paras 20, 21(2), 22(2)(3), Sch 30, para 1) ss 87, 88(1), 89

  2 Case(s) considered

  1 Statute considered

• Bull v Oxford City Council

  18 May 2011 [2011] EWCA Civ 609; [2012] 1 WLR 203; [2012] PTSR 40; [2011] WLR (D) 169, CA

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Homeless persons — Accommodation available for occupation
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Accommodation available for occupation — Husband separated from wife allowing children properly accommodated with wife to move into his cramped accommodation — Local housing authority providing temporary accommodation for husband and children on eviction — Whether husband having “priority need for accommodation” — Whether husband “homeless intentionally” — Whether authority under duty to secure accommodation for husband’s occupation — Housing Act 1996 (as amended by Homelessness Act 2002, s 18(2), Sch 2, para 1), ss 188(1), 189(1)(b), 191(1), 193

  4 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council

  09 Feb 2012 [2012] EWCA Civ 84; [2012] PTSR 1221; [2012] WLR (D) 31, CA

  Subsequent citations: 8.
  HOUSING — Housing benefit — Appeal
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  Case index catchwords

  HOUSING — Housing benefit — Appeal — Voluntary sector landlord providing vulnerable tenants with accommodation and support services — Local authority fixing housing benefit for tenants — Landlord’s solicitors bringing appeals against housing benefit decisions on behalf of tenants — Landlord seeking to continue appeals in own right — Whether landlord “person affected” by housing benefit decision — Whether having independent right of appeal — Child Support, Pensions and Social Security Act 2000 (as amended by Transfer of Tribunal Functions Order 2008, art 9, Sch 3, para 190(3)), s 68, Sch 7, paras 6(3), 23 — Housing Benefit and Council Tax (Decisions and Appeals) Regulations 200, reg 3(1) (as amended by Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006, reg 5, Sch 2, para 17 and Social Security (Miscellaneous Amendments) (No 5) Regulations 2007, reg 9(2))

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Maswaku v Westminster City Council

  18 May 2012 [2012] EWCA Civ 669; [2012] PTSR 1650; [2012] WLR (D) 153, CA

  11 Feb 2013 (appn dis) [2013] PTSR 377, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation

  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Applicant refusing local housing authority’s offer of alternative temporary accommodation — Authority claiming to have discharged housing duty to applicant and giving her notice to quit current accommodation — Whether authority failing to inform applicant of “possible consequence of refusal” — Whether obligation to inform applicant of every possible consequence of refusal — Housing Act 1996, s 193(5) (as amended by Homelessness Act 2002, s 8(1))

  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision — Applicant’s solicitors requesting review of refusal of accommodation — Local housing authority informing solicitors of right to make representations on review — Whether authority failing to notify applicant of right to make representations and further representations herself on review — Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, regs 6(2), 8(2)

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Kaur) v Institute of Legal Executives Appeal Tribunal

  19 Oct 2011 [2011] EWCA Civ 1168; [2012] PTSR D1; [2012] 1 All ER 1435; [2011] WLR (D) 298, CA

  Subsequent citations: 8.
  NATURAL JUSTICE — Bias — Judge in own cause
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  Case index catchwords

  NATURAL JUSTICE — Bias — Judge in own cause — Vice-president of Institute of Legal Executives required by rule to sit on disciplinary appeal tribunal — Whether giving rise to appearance of bias

  1 Case considered