C’s claim for damages for breach of contracts relating to the construction of a power station and the failure of foundations was rejected by HHJ Toulmin in the TCC. On appeal to the Court of Appeal, it was held that the burden on an appellant in an appeal against a finding of fact in a complicated technical case by a specialist TCC judge was hard to discharge: the more technical and complicated the facts, the harder the burden. The appeal was dismissed.
|
D2 and D3 were owners of land which incorporated a tree, the roots of which were causing damage to C1 and C2's adjacent property. The tree was subject to a Tree Preservation Order and D1 had refused permission to fell the tree. C1 and C2 sought a declaration of their entitlement to fell the tree on the basis that it was necessary for the prevention or abatement of a nuisance within section 198(6)(b) of the Town and Country Planning Act 1990. D1, D2 and D3 maintained that felling could not be ...
|
The Claimant Landlord claimed on account service charge payments from the Defendant Tenant and the latter counterclaimed in respect of the Landlord’s failure to carry out roof repairs at the relevant time. The Landlord had not used all reasonable endeavours to repair the roof and should and could have completed the works by the end of 2003. Accordingly The Tenant was entitled to recover damages on its counterclaim equal to the cost of the contributions to the roof repair sought by the Landlord a ...
|
In AR proceedings issued by a wife after a separation of seven years, the court found she should not receive shares in a company run by the husband after the separation.
|
The Claimant freehold property owners obtained a declaration that their property had the benefit of a right of way acquired by prescription over a track. Aggravated damages were awarded against the Defendant neighbour for interference with a right of way, as his behaviour was intimidatory, unpleasant and malicious.
|
Unlawful decision to close two inpatient wards. The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11.
|
Substitution of parties – CPR Part 19 – not applicable to public law proceedings. Where a party had applied to be substituted as the claimant in proceedings under the Town and Country Planning Act 1990 s.288, the court concluded that CPR Part 19 did not apply to public law proceedings and that the issue of substitution fell to be decided under the court's inherent jurisdiction.
|
Application to set aside judgment – proceedings not served in accordance with CPR. Where judgment was given at trial against a defendant who had not been served with the proceedings in accordance with the CPR and had no knowledge of the proceedings, an application to set aside the judgment was not governed by CPR r.39.3(5).
|
The inspector had refused planning permission for the sub-division of an existing dwelling house into two on the basis that the proposed development did not provide the occupier of the new unit a car parking space, which was contrary to the objectives of both national and local authority policy. The refusal of planning permission in this case was difficult to reconcile with the reasonable construction of the planning policy guidance. Absent highway safety issues, it was difficult to see how the ...
|
Sentencing for breach of a sex offender order should follow the principles set down in ASBO cases. If the breach does not involve any real or obvious risk to the public, a community penalty may be appropriate, although repeated breaches will necessarily involve a custodial sentence. Any breach which does create a real or obvious risk the public must inevitably be treated more seriously and multiple or repeated breaches may well justify sentences that might otherwise have been considered far high ...
|
| 1 |