Hertfordshire County Council v Secretary of State for Communities and Local Goverment and another company

Town and country planning Enforcement Notice. The Administrative Court, in dismissing the local authority's appeal under s289 of the held that the inspector appointed by the first respondent Secretary of State had not erred in her approach when she decided to quash two enforcement notices issued by the authority against the second respondent.

R (on the application of Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Energy and Climate Change

Electricity Overhead lines. The Administrative Court, in dismissing the claimant's application for judicial review, held that a decision made by the Secretary of State under s37 of the regarding the installation of overhead electricity lines by the interested party had not been unlawful.

Herbosh-Kiere Marine Contractors Ltd v Dover Harbour Board

Arbitration Adjudication. Queen's Bench Division (Technology and Construction Court): In an action to enforce the decision of an adjudicator regarding the value of a final account, it was held that the decision could not be enforced because, not only had the adjudicator exceeded his jurisdiction by addressing and finding a method of assessment which formed no part of the dispute referred to him, he had breached the rules of natural justice by deciding the case not only on a basis not argued by either party, but also without giving each party the opportunity to make submissions at least on the method of assessment which the adjudicator considered that he ought to adopt.

Elveden Farms Ltd v Secretary of State for Environment, Food and Rural Affairs and another

Easement Existence. The Administrative Court, in allowing the claimant's claim, held that, in reaching his decision to confirm his order under s53(2) of the the inspector had failed to give sufficient reasons for his decision and-or had failed to take into account relevant considerations.

Barrie House Freehold Ltd and others v Merie Bin Mahfouz Company (UK) Ltd

Landlord and tenant Leasehold enfranchisement. The Chancery Division held that, where the defendant owner of a block of flats proposed to dig lightwells for a basement development, damages would be awarded only regarding the digging of a preliminary trench, and the installation of the lightwells would be allowed to proceed.

*R (on the application of Friends of the Earth Ltd) v Secretary of State for Energy and Climate Change; R (on the application of Homesun Holdings Ltd) v Secretary of State for Energy and Climate Change; R (on the application of Solar Century Holdings Ltd) v Secretary of State for Energy and Climate Change

Electricity Supply. The Court of Appeal, Civil Division, dismissing the Secretary of State's appeal, held that the judge had been correct to find that a proposed modification to the feed-in tariff scheme for low carbon electricity generation scheme, which would operate retrospectively, was unlawful.

Cubitt-Smith v Secretary of State for Communities and Local Government and another

Town and country planning Permission for development. The Administrative Court, in dismissing the claimant's application pursuant to s288 of the held that the court was unable to interfere with the inspector's exercise of planning judgment, nor had the claimant established that the inspector had made a mistake of fact or that there had been any unfairness.

Levy v Ellis-Carr and another

Practice Adjournment of proceedings. In upholding the decision of the judge below not to grant an adjournment (inter alia), the Chancery Division made further comments about adjournments in the context of illness or other excuses.

Horler v Rubin and others

Trust and trustee Constructive trust. The Court of Appeal Civil Division, in allowing the defendants' appeal against the judge's decision to allow the claim of the claimant creditor of a bankrupt on the basis that the claimant had not instructed his proxy to agree to the resolutions proposed by the trustee in bankruptcy, held that the judge had erred in law.

*City of London Corporation v Samede and others

Public order Public place. The Queens' Bench Division, in allowing an application by the claimant City of London Corporation, held that it would not be disproportionate to the rights of the defendants under arts10 and 11 of the European Convention on Human Rights to grant the claimant an order for possession and the injunctive and declaratory relief it sought in relation to land of which it was the highway authority and local authority in circumstances where the defendants had set up a protest camp outside St Paul's Cathedral.