Smith v First Secretary of State and Mid-Bedfordshire District Council

Planning: gypsy caravan sites – Fear and concern of crime – Use of authorised and unauthorised sites – Serious harm outweighing needs of residents – Nature and weight of evidence

Order compromising litigation – Discrepancies between words and plan and between Order and practical position on site – Whether difficulties of interpretation sufficient to render Order void for uncertainty

Town and Country Planning Act 1990, Ss.106, 106A and 106B – Repudiatory breach of contract – Nature and extent of planning obligations – Trust – Breach of covenant

Leasehold premises – Covenants governing possession – Difference between ‘possession’ and ‘occupation’ – Breach of covenant: nature and capability of remedy – Law of Property Act 1925, S.146 – Validity of notice

Right of way – S.31 Highways Act 1980 – Whether lack of intention to dedicate had to be expressed to users – Whether it must exist for entire 20 years or only part
See also HL [2007] UKHL 28

Insolvency Act 1986, S.423 – Transactions at undervalue – Definitions: transaction; consideration; victim – Procuring sale of property by mortgagee subject to tenancy – Collateral surrender of tenancy – Intended purpose of transaction – Relative position of ‘victim’ before and after
See also CA [2006] EWCA Civ 699 on a related matter

Landlord and Tenant Act 1954, S.30(1)(f) – Whether ground made out – Meaning of ‘intention’ – Whether appeal court may take into account evidence not available in lower court

Agreement for the erection and maintenance of advertising hoardings – No formal agreement – Construction of contract: tenancy or licence?