Environmental Protection Act 1990, S.34 – Duty to prevent the escape of controlled waste – Whether an escape is necessary to establish a breach of duty
London Borough of Camden v Mortgage Times Group Ltd
London Borough of Bexley v Maison Maurice Ltd
Access to highway – Council owning ransom strip – Whether ransom strip incorporated into new public highway – Failure to mention ransom strip in dealing with amended crossover – Subsequent demand for consideration for easement – Estoppel: local authority exercising statutory function – Ultra vires – Unconscionable conduct
Kean v McDonald and others
Real property – Beneficial ownership – Constructive trust
R (Hall Hunter Partnership) v First Secretary of State and others
Spanish polytunnels – Town and Country Planning Act 1990, Ss.55, 57 & 336(1) –Whether operations ‘development’ – Whether structures ‘temporary’ – Caravan site – Town and Country Planning (General Permitted Development Order) 1995, Sch.2, Pt.4, Class A – ibid., Sch.2, Pt.5, Class A – Effect of removal of caravans whilst infrastructure remains – Meaning of “particular season”
R (Horvath) v Secretary of State for Environment Food and Rural Affairs
Single Payment Scheme – Cross compliance – Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, Sch., paras.26-28 – Council Regulation (EC) 1782/2003 – Whether English regulations (a) intra vires and proportionate and/or (b) compliant with principles of equality and/or non-discrimination
See also CA [2007] EWCA Civ 620
Berry v Secretary of State for Environment Food and Rural Affairs and Devon CC
Wildlife and Countryside Act 1981, S.53 – Definitive map – Highways Act 1980, S.31 – Presumption of lack of intention to dedicate – Irrationality amounting to an error of law
Beasant v Lexicon Holdings Ltd & Fugler
Joint venture – Option: whether validly exercised – Constructive trust – Whether conduct of parties gave rise to implication of trust on Pallant v Morgan principles – Summary judgement
Philipps and Philipps v Davies
Certificate of bad husbandry – Agriculture Act 1947, S.11 – Agricultural Holdings Act 1986, Sch.3, Part I, Case C & S.25 – Standard of conduct falling short of compliance with rules of good husbandry
See also HC [2007] EWHC 1395 (Admin)
Hopkins v Marlow & Jones
Agricultural Holdings Act 1986, Part IV – Succession on retirement – Criterion of suitability
Crabtree v Shirley and others
Agricultural Holdings Act 1986, Part IV (Ss.50 & 53) – Succession on retirement – Principal source of livelihood – Proper date on which seven-year period should be taken as ending – (Obiter) Whether husband’s and wife’s incomes must be pooled in assessing satisfaction of the livelihood test
See also HC [2007] EWHC 1532 (Admin)