Results: 135

• Camden London Borough Council v Stafford

  20 Jun 2012 [2012] EWCA Civ 839; [2013] PTSR 195; [2012] 4 All ER 180; [2012] WLR (D) 184, CA

  Subsequent citations: 1.
  HOUSING — Introductory tenancy — Proceedings for possession
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  Case index catchwords

  HOUSING — Introductory tenancy — Proceedings for possession — Local housing authority serving notice seeking possession of flat let on introductory tenancy — Review panel deciding notice correctly and justifiably served but that alternatives to possession should be implemented — Housing authority later seeking possession based on original notice — Whether housing authority entitled to rely on original notice — Whether new notice seeking possession required — Whether review decision confirming original decision to seek possession — Whether conditional confirmation by review panel permissible — Housing Act 1996, ss 128, 129

  2 Case(s) considered

  1 Statute considered

• Mountplace Ltd v Haringey London Borough Council

  28 Mar 2012 [2012] EWHC 698 (Admin); [2013] PTSR 664; [2012] WLR (D) 100, DC

  ENVIRONMENT — Protection — Waste
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  Case index catchwords

  ENVIRONMENT — Protection — Waste — Transfer — Defendant engaging third party contractor to renovate property and dispose of resulting waste — Contract concluded orally with no provision for appropriate procedures for dealing with waste — Contractor transferring waste to fly-tipper when no representative of defendant present at property — Defendant convicted of offences relating to transfer of waste to unauthorised persons — Whether in control of waste — Whether taking all reasonable measures to ensure duties complied with — Environmental Protection Act 1990, s 34(1)(c) (as amended by Environmental Permitting (England and Wales) Regulations 2007, reg 73, Sch 21, para 8)

  1 Statute considered

• R (Zacchaeus 2000 Trust) v Secretary of State for Work and Pensions

  15 Feb 2013 [2013] EWHC 233 (Admin); [2013] PTSR 785; [2013] WLR (D) 68, QBD (Underhill J)

  31 Jul 2013 [2013] EWCA Civ 1202; [2013] PTSR 1427; [2013] WLR (D) 387, CA

  Subsequent citations: 9.
  SOCIAL SECURITY — Housing benefit — Assessment
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  Case index catchwords

  SOCIAL SECURITY — Housing benefit — Assessment — Capping of housing benefit by reference to consumer price index of annual inflation — Whether amending regulations introducing cap ultra vires — Whether Secretary of State failing to have due regard to equality duties — Social Security Contributions and Benefits Act 1992, s 130A (as inserted by Welfare Reform Act 2007, s 30(2)) — Housing Act 1996, s 122(1) — Equality Act 2010, s 149 — Rent Officers (Housing Benefit Functions) Order 1997 (as amended by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003, art 2(5), Rent Officers (Housing Benefit Functions) Amendment Order 2007, art 4(2)(4), Rent Officers (Housing Benefit Functions) Amendment Order 2010, art 2(2)), art 4B, Sch 3B — Rent Officers (Housing Benefit Functions) (Amendment) Order 2012, art 2(3)(4)

  1 Case considered

  3 Statutes considered

  2 Statutory Instruments 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: 55.
  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

  9 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: 7.
  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
• Hotak v Southwark London Borough Council

  15 May 2013 [2013] EWCA Civ 515; [2013] PTSR 1338; [2013] LGR 781; [2013] HLR 32; [2013] WLR (D) 180; The Times, 4 July 2013; [2013] BLGR 781, CA (Moore-Bick, Richards, Pitchford LJJ)

  07 Apr 2014 (appn all) [2014] PTSR 757, SC(E)

  13 May 2015 (Equality and Human Rights Commission intervening) [2015] UKSC 30; [2016] AC 811; [2015] 2 WLR 1341; [2015] PTSR 1189; [2015] 3 All ER 1053; [2015] HLR 23; [2015] WLR (D) 224; The Times, 25 May 2015; Case details; [2015] BLGR 530, SC(E) (Lord Neuberger PSC, Lady Hale DPSC, Lord Clarke, Lord Wilson, Lord Hughes JJSC)

  Subsequent considerations : 11 positive; 2 neutral; 1 negative; most recently considered: 2024. Subsequent citations: 149.
  LOCAL GOVERNMENT — Homeless persons — Priority need
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Priority need — Applicant with learning and other difficulties living with and relying on brother — Applicant subsequently presenting as homeless — Local housing authority finding applicant not “vulnerable” and so not in priority need — Housing authority taking into account continuing assistance received from brother — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Housing Act 1996, s 189(1)(c)

  LOCAL GOVERNMENT — Homeless persons — Priority need — Applicants with mental and physical health problems presenting as homeless — Local housing authority comparing applicants with ordinary homeless persons and finding them not “vulnerable” and so not in priority need — Housing authority taking into account continuing support received by certain applicants from family members — Whether housing authority using correct comparator — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Whether public sector equality duty adding to authority’s duty under homelessness legislation — Housing Act 1996, s 189(1)(c) — Equality Act 2010, ss 15, 149

  7 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R (M) v Hounslow London Borough Council

  15 Mar 2013 [2013] EWHC 579 (Admin); [2013] PTSR 942; [2014] ELR 338; [2013] WLR (D) 103, QBD (Sales J)

  Subsequent citations: 1.
  EDUCATION — Local Authority — Statutory duties
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  Case index catchwords

  EDUCATION — Local Authority — Statutory duties — Travel arrangements for eligible children — Meaning of “suitable home to school travel arrangements” — Whether authority required to provide transport for entire journey between child’s home and school — Whether authority permitted to arrange for transport from pick-up points — Education Act 1996, s 508B (as inserted by Education and Inspections Act 2006, s 77)

  2 Case(s) considered

  1 Statute considered

• R (JL) v Secretary of State for Defence

  30 Apr 2013 [2013] EWCA Civ 449; [2013] PTSR 1014; [2013] HLR 27; [2013] WLR (D) 161, CA (Arden, Sullivan, Briggs LJJ)

  Subsequent citations: 4.
  HOUSING — Residential accommodation — Claim for possession
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  Case index catchwords

  HOUSING — Residential accommodation — Claim for possession — Defendant public authority seeking possession order against claimant on basis of unqualified right to possession — Claimant resisting claim on basis of article 8 Convention rights — Law not then requiring judge to consider claimant’s article 8 Convention rights — Possession order made — Subsequent change in law permitting article 8 rights to be deployed as defence to possession proceedings — Whether defendant required to consider claimant’s article 8 rights when deciding to enforce possession order — Whether claimant entitled to proportionality review of requested eviction — Human Rights Act 1998, Sch 1, Pt I, art 8

  2 Case(s) considered

  1 Statute considered
• R (Members of the Committee of Care North East Northumberland) v Northumberland County Council

  15 Feb 2013 [2013] EWHC 234 (Admin); [2013] PTSR 1130; [2013] LGR 265, QBD (Supperstone J)

  27 Nov 2013 [2013] EWCA Civ 1740; [2014] PTSR 758; [2013] WLR (D) 460, CA

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2024. Subsequent citations: 12.
  LOCAL GOVERNMENT — Community care services — Persons in need of care and attention
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  Case index catchwords

  LOCAL GOVERNMENT — Community care services — Persons in need of care and attention — Care home fees — Cost of supporting vulnerable people in care homes met by local social services authority — Local authority fixing care home rates for three years — Whether authority erring — Whether compliance with statutory guidance to have “due regard” to actual costs of providing care — Local Authority Social Services Act 1970, s 7(1)

  5 Case(s) considered

  1 Statute considered

• Leth v Republic of Austria

  14 Mar 2013 (Case C-420/11); EU:C:2013:166; [2013] PTSR 805; [2013] WLR (D) 106, ECJ

  Subsequent citations: 5.
  EUROPEAN UNION — Environment — Environmental impact assessment

  EUROPEAN UNION — Environment — Directive 85/337/EEC
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  Case index catchwords

  EUROPEAN UNION — Environment — Environmental impact assessment — Extension and development carried out to airport without prior environmental impact assessments — Claimant seeking compensation for consequent devaluation of home situated near airport due to increased noise — Whether environmental impact assessment including assessment of effects of project on value of material assets — Whether failure to carry out environmental impact assessment giving rise to right to compensation for pecuniary damage caused by decrease in value of property resulting from environmental effects of project — Council Directive 85/337/EEC (as amended by Council Directive 97/11/EC and Parliament and Council Directive 2003/35/EC), art 3

  EUROPEAN UNION — Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Consent for such a project without an appropriate assessment — Objectives of that assessment — Conditions to which the existence of a right to compensation are subject — Whether protection of individuals against pecuniary damage is included

  2 Case(s) considered

  1 EU Enactment considered