Building contract Adjudication. The Technology and Construction Court dismissed the claimant company's application for permission to appeal the decision of the Decision Review Board on the basis that it did not raise a point of general public importance and the decision under appeal was not obviously wrong.
Solicitor Duty. The Court of Appeal, Civil Division, held that a judge, in deciding certain preliminary issues in a bank's claim against the defendant firm of solicitors for breach of trust in connection with a re-mortgage transaction, had been entitled to find that the solicitors had acted in breach of trust in failing to use the claimant's advance to fully discharge the prior charge on the property, but had erred in finding that the breach was limited to the amount of the shortfall which would have been necessary to fully discharge the prior charge.
Town and country planning Permission for development. The Court of Appeal, Civil Division, upheld a decision that a planning inspector had given substantial weight to the unmet need for gypsy and traveller sites when considering whether temporary planning permission would be justified for the claimant's proposed development of a site to a gypsy site.
Judicial Review Application for judicial review. The Administrative Court, in dismissing an application for judicial review of the lawfulness of the decision taken by the defendant authority to adopt a proposed council tax reduction scheme following the abolition of the system of council tax benefit, held that the authority had not failed in its duty to consult.
Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government and others; Dartford Borough Council v Secretary of State for Communities and Local Government and others
Town and country planning Appeal. The Court of Appeal, Civil Division, in refusing the claimant local authorities' application for permission to appeal against an order of a judge of the High Court refusing permission to appeal to the High Court pursuant to s289 of the held that it was bound by the decision in Wendy Fair Markets Ltd v Secretary of State for the Environment  159 LG Rev 769 and, accordingly, had no jurisdiction to entertain the application.
Covenant Positive covenant. The claimant landowner brought a successful claim to enforce payment covenants against the owners of bungalows at a holiday village. The Court of Appeal, Civil Division, dismissed an appeal by the owners. The court held, inter alia, that the defendants who were successors in title had no answer to the claims unless they could show that the payment covenants had no relation whatsoever to the rights which they had continued to exercise.
Contract Damages for breach. The Court of Appeal, Civil Division, dismissed a claimant's appeal against an award of damages for the fall in market value of a development pursuant to the defendant's counterclaim. The judge had not erred in his application of the law in finding that the defendant's loss was not so remote that it could not be attributed to the claimant.
Criminal Law Costs. The Divisional Court, in allowing an appeal by way of case stated from the decision of a magistrates' court to award costs against the claimant following the bringing of an unsuccessful claim against the defendant authority in relation to noise levels generated by a playground, held that the decision of the judge to award costs against the claimant had been Wednesbury unreasonable and the order for costs would be quashed.
Divorce Financial provision. The intervening party had bought a property. The transaction was subsequently set aside by the court on the application of the former wife of the beneficial owner of that property. The intervening party, seeking to enforce a judgment debt against the husband of the property, sought a charging order absolute on the property. His application was dismissed and he appealed. The Court of Appeal, Civil Division, dismissed his appeal, holding that when striking a balance between the interests of a judgment creditor and those of a former spouse, the interests of the judgment creditor should be respected, save to the extent that it was necessary to override them in order to make appropriate provision for the spouse and any minor children.
Town and country planning Permission for development. An inspector for the Secretary of State granted a model airplane flying club permission for a change of use of agricultural land to fly model airplanes. The claimants challenged the inspector's decision. The Administrative Court, in dismissing the application, held that inspector had been fully entitled to reach the conclusions that she had and the issues contended by the claimants were not principal controversial issues which arose in the case as material considerations requiring specific treatment.