westminster city council v clarke

westminster city council v clarke

During a 2 1/2-hour special meeting on June 7, the six-member council … Manchester Garages precedes Street with its much greater emphasis on the centrality of exclusive possession as the hallmark of the lease. In Antoniades v Villiers, Lord Oliver of Aylmerton spoke of ‘an air of total unreality about these documents’ ([1997] 1 AC 417 at 467). Found inside – Page xvi... Re, Swinburne-Hanham v Howard [1933] Ch 29; [1932] All ER Rep 277 208, 216,225 Western Bank v Schindler [1977] Ch 1 213 Westminster CC v Basson (1991) 62 P & CR 57 97 Westminster City Council v Clarke [1992] 2 AC 288 95–7 Weston v ... In fact, however, there is ‘a strong presumption that the parties to what appears to be perfectly proper agreements, intend them to be effective, and that they intend to honour and enjoy their respective obligations and rights’ (National Westminster Bank v Jones No HC 1999 14155 at [46] per Neuberger J.). Clarke claimed he was a secured tenant and entitled to the protections of the Housing Act 1985. WCC claimed the conditions within the agreement were not a sham to avoid conferring statutory protections upon the occupiers of the hostel. The conditions were necessary for the proper effective running of the hostel. R v Secretary of State for Health ex parte Pfizer (1999) High Court Queen's Bench Division. Events and … Found inside – Page 669See Progress Buildings Ltd v Westminster City Corp Westminster City Council , exp . ... Council v Chapman ( 1975 ) 2 1103 , CA Westminster City Council v Clarke ( 1992 ) 1 695 , HL Westminster City Council v Croyalgrange Ltd ( 1985 ) 1 ... City of Westminster London Borough Council (1) Apply City of Westminster London Borough Council filter Walsall County Borough Council (3) Apply Walsall County Borough Council filter Wolverhampton County Borough Council (2) Apply Wolverhampton County Borough Council filter Antoniak v Westminster City Council. Furthermore, the fact that a contractual right is not exercised does not of itself mean that it ceases to exist. 1997] 1 AC 417 at 475, Lord Jauncey of Tullichettle). There is no additional requirement for the applicant to prove that a contemnor intended to breach, or knew that he was breaching, the court order (Masri). There is a large amount of case law about how a lease is to be distinguished from a licence. Parking. In the case of a sham arrangement, the parties ‘have no intention of honouring their respective obligations, or enjoying their respective rights, under the provision or agreement’ (National Westminster Bank v Jones No HC 1999 14155 at [45]). That it makes sense to produce this guidance is testimony both to the ingenuity of lawyers in trying to avoid categorisation as a lease and the difficulties that the courts face in trying to decide on which side of the lease / licence divide an arrangement might fall. Whether an agreement confers exclusive possession for a certain term is a question of contractual interpretation, a search for the objective common contractual intention of the parties. If the landowner never relied on the suspect control provision this is a sign that the clause may be a sham (, We have already seen that Lord Templeman in, In fact, however, there is ‘a strong presumption that the parties to what appears to be perfectly proper agreements, intend them to be effective, and that they intend to honour and enjoy their respective obligations and rights’ (, said that ‘[t]he exercise of construction must be carried out on the basis that the provisions of the agreement are genuine unless, from their very terms, they appear to be consistent with a sham agreement as defined in the speech of Lord Diplock in, It is as well to bear in mind the words of Richard Southwell in, All copyright and trademarks in content on this site are owned by their respective owners. Intention is an aspect of exclusive possession. Judgement for the case Westminster City Council v Clarke. The appellants Westminster City Council, have provided accommodation for the respondent, Mr. Clarke, and the question is whether Mr. Clarke is a licensee or a secure tenant. The intention was that residents should use the hostel as a . Two interesting recent cases, one a local authority case (Westminster City Council v Sports and Leisure Management Ltd [2021] EWHC 98 (TC) (22nd January 2021) and the second against the Secretary of State for Health and Social Care (SoS) (R v Secretary of State for Health and Social Care ex parte Good Law Project Ltd and Ors [2021] EWHC 346 (Admin) (18th … Westminster City Council v Clarke. Although Mr. Clarke physically occupied room E he did not enjoy possession exclusively of the council’ ([1992] 2 AC 288 at 301 – 02). Other content © 2020 by CUHK LAW. Leases leases introduction many of the questions you will be dealing with in land law questions will relate to leaseholds rather than freeholds. In this House of Lords case, it was held that Westminster City Council had not granted exclusive possession to the occupant of a room in a homeless hostel. Abbey Developments Ltd v PP Brickwork Ltd. Abbey National Mortgages plc v Key Surveyors Nationwide Ltd. Tackling climate change in Westminster Find out how we're working to make our city carbon neutral by 2040. R (on the application of Thurman) v Lewisham London BC (2003) unreported, Admin. Found inside... 437 Westminster City Council v British Waterways Board [1984] 3 WLR 1047, HL Westminster City Council v Clarke [1992] 2 AC 288 Wetherall and Co Ltd v Stone [1950] 2 All ER 1209, CA Wheeler v Mercer [1957] AC 416 Whitehouse v Jordan ... [1990] 1 WLR 766. Lord Templeman warned of this possibility and said that the court should be ‘be astute to detect and frustrate sham devices and artificial transactions whose only object is to disguise the grant of a tenancy and to evade the Rent Acts’ (Street v Mountford [1985] AC 809 at 826). Westminster City Council v Clarke [1992] 2 AC 288 House of Lords Westminster City council ran a hostel which contained 31 single rooms for housing homeless men. Found insideUnited Scientific Holdings v Burnley BC [1978] AC 904 Uratemp Ventures Ltd v Collins [2001] UKHL 43 12, 209, ... 72 West Country Cleaners (Falmouth) Ltd v Saly [1966] 1 WLR 1485 Westminster City Council v Clarke [1992] 2 AC 288 WG Clark ... Barnes Clark Family Law; Children Panel Accredited Care Lawyer Blackfords LLP; Family Law Solicitor/Partner Cambridge Family Law Practice; Print; Home > Judgments > 2005 archive. WESTMINSTER CITY COUNCIL Defendant - and - MRS CANHAM Interested Party _____ J U D G M E N T . Found inside20 Westminster City Council v Clarke [1992] 2 AC 288; Westminster City Council v Basson (19910 62 P & CR 57); Ogwr Borough Council v Dykes [1989] 1 WLR 295; Bruton v London and Quadrant Housing Trust [1999] 3 WLR 150; Kay v London ... International Family Law Journal . 786 at 802). Found inside – Page xlviiSnelgrove (1998) 30 HLR 57 303 Westminster City Council v. Clarke [1992] 2 AC 288 286 Whitehouse v. Lee [2010] HLR 11 345 Wilson v. First County TrustLtd (No. 2) [2004] 1 AC 816 393 Yaxley v. Gotts [2000] Ch 162 269 Yemshaw v. Control provisions can only be disregarded if the court decides that they are sham terms. MR C STREETEN (instructed by Tri-borough Shared Legal Services) appeared on behalf of the Defendant. Found inside – Page 59Agreements entered into by local authorities, however, do not fit neatly into any of these exceptions, butmay involve difficultquestionsof policy (see Westminster City Council v Clarke, Westminster City Council v Basson, ... This seems to imply a readiness on their part to find that control provisions are shams. Discouraging a ‘shopping list’ approach and refusing to awards marks for drafting imply that the courts are prepared to ignore, or downplay the significance of, any control provisions included in the agreement. Uncertain Term. Found inside – Page xx... 99 Virdi v Chana and another [2008] EWHC 2901 (Ch) .............135, 145, 150 Wakeham v Wood (1982) 43 P & CR 40 ... City Council v Clarke [1992] 2 AC 288 ..............203, 205, 222 Wheeldon v Burrows (1879) 12 Ch D 31 ... In National Westminster Bank v Jones said that a finding of sham connotes ‘a degree of dishonesty’ (at [40]). Lease or licence. Found inside – Page xixWallis Fashion Group Ltd v CGU Life Assurance (2000) 81P&CR 393 . . . . . . . . . . . . . 103 Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex and BP Ltd [1975] QB 94 . ... 92 Westminster City Council v Clarke [1992] 2 AC 288 . Brad Sharp (NP) candidate for Eaton School District RE-2 District D (Weld County) MICHELLE SHARP (NP) candidate for Valley School District RE-1 (Logan County) Merri L. Sheh - District 3 Candidate (NP) candidate for Castle Pines City Council. The appeal in Westminster City Council v Secretary of State for Communities And Local Government & Anor [2015] EWCA Civ 482 related to a notice issued by Westminster in respect of premises at 100-102 Westbourne Terrace. He had to be back in his room by 11 pm. 5 minutes know interesting legal mattersWestminster City Council v Clarke [1992] 2 AC 288 HL So, ‘a skilful draftsman must, in appropriate circumstances, be allowed to succeed’ (Crancour Ltd v Da Silvaesa ((1986) 52 P & CR 204 at 289 per Purchas LJ). and large, the Readers may well recognise the issues of delay and people being passed from pillar to post: these issues are commonplace, and regarded as inevitable, by most councils, these days. particular, in Lord Templeman's assertion, in Westminster City Council v. Clarke [1992] 2 A.C. 288, 299A, that "a bed-sitting room with cooking facilities may be a separate dwelling-house even though bathroom and lavatory facilities might be elsewhere and shared with other people". Jeslin Shahrezaei (NP) candidate for Lakewood City Council Ward 1. The court ‘is slow to find a sham’ (at [65]). All Books. Other content © 2020 by CUHK LAW https://www.law.cuhk.edu.hk. On 13 November 1988 the Council issued the summons in these proceedings for possession. Simplex GE (Holdings) Ltd v Secretary of State for the Environment. Westminster City Council. The breach alleged was that: “Within the last 10 years and without the benefit of planning permission, the material change of use of the … It is only natural that lawyers who want to avoid agreements that confer exclusive possession on occupiers should include in agreements clauses that confer territorial and supervisory control on the landowner rather than the occupier. We have already seen that Lord Templeman in Street said that the courts should be ‘astute’ to detect and frustrate sham terms. Found insideThis has been seen in a number of cases including Westminster City Council v Basson (1990),18 Westminster City Council v Clarke [1992],19 Ogwr Borough Council v Dykes [1989]20 and Camden London Borough Council v Shortlife Community ... ). Case summary last updated at 09/01/2020 14:18 by the Agenda reports pack PDF 74 MB. These criteria are the litmus test for the existence of a lease. Found inside – Page xxviiUniversity of East London Higher Education Corp v London Borough of Barking and Dagenham [2004] EWHC 2710; ... 166 506 Webb v Russell (1789) 3 TR 393 317 Webb's Lease, Re [1951] Ch 808 459, 483 Westminster City Council v Clarke [1992] 2 ... flooded, the council could move the person staying in that room into another one that could be shared. Part III of the Housing Act 1985 which begins at section 58and ends with section 78 requires a local housing authority toprovide accommodation to certain persons who are homeless and inneed. On 13 April 1988 the Council gave Mr. Clarke notice terminating his licence. Found inside – Page 100Sole occupancy of land is not the same as exclusive possession (Westminster City Council v Clarke (1992)). The court will look at the nature of the accommodation when deciding if there is a lease. In Clarke there was no exclusive ... DLO Examples Today: Wakefield District Housing and Glasgow City Council Clarke, L. and Sahin-Dikmen, M. Forthcoming. United Kingdom Notes; United States Notes; Australia Notes; Canada Notes; New Zealand Notes; Ireland Notes; Helpful Links. A council finally got successfully judicially reviewed for failing to follow the Act and statutory guidance with regard to ignoring human assistance in meeting identified needs (it also managed to fail to follow the logic of its own forms, incidentally!). *1961 Birmingham City Council v Shafi and another Court of Appeal 30 October 2008 [2008] EWCA Civ 1186 [2009] 1 W.L.R. If the landowner can come and go freely (perhaps because of a duty to provide services such as cleaning) then there is a licence. In addition I accompanied the parties on a site visit to Lincoln’s Inn Field to examine the signs and conditions in all parts of the square. give defendant rights of tenant. Westminster City Council v Clarke [1992] 2 AC 288: Leases Cases: Aslan v Murphy [1990] 1 WLR 766: Leases Cases: Street v Mountford [1986] Conv 39: Leases Cases: Our International Websites. Found inside – Page xviiiStack v Dowden [2007] UKHL 17 147–8, 149, 150, 152, 153 Stafford v Lee (1992) 65 P&CR 172 244, ... 178, 327 Warren v Keen [1954] 1 QB 15 290, 308 Westminster City Council v Clarke [1992] 2 AC 288 161–2, 181 Wheeldon v Burrows (1879) 12 ... 1386 restated this position and held that, “provided the other essential characteristics of a lease were present, the grant of exclusive … Clarke argued that he was ST JAMES'S WARD Appellant: Likely … Report it. Tenancy at Will and Equitable Leases. R v Secretary of State for Employment ex parte Equal Opportunities Commission (1995) House of Lords. [1992] 2 AC 288. Contact: Mick Steward; Head of Committee and Governance Services Tel: 020 7641 3134; Email: msteward@westminster.gov.uk. It is a built-up district with a population density of 17,500 per square kilometre. 9. The owner would be in control of the flat and could decide who could live there. One such case was Westminster City Council v Clarke. Westminster City Council v Clarke [1992] Evidence Mr. Clarke, being a man in need with no home, has not completed obligations the hostel for homeless asked him to complete, and as a result, the hostel asked the complainant to leave the premise. There is a difficulty, however, because the courts cannot normally ignore the presence of clauses dealing with issues of control. When considering whether a control provision is a sham, the court is entitled to look at the acts of the parties after the agreement. We would like to show you a description here but the site won’t allow us. Hadley Design Associates v Westminster City Council [2003] Hadley v Baxendale [1854] Halifax Building Society v Clark [1973] Halifax v Popeck [2009] Hall v Brooklands Auto Club [1933] Hall v Holker Estate Co [2008] Halsall v Brizell [1957] Halsey v Esso Petroleum [1961] Hambrook v Stokes Bros [1925] Hamilton v Al Fayed (No. many of the occupants were in a bad way, many were suicidal, occupants were granted agrements called licences and were told that they could be asked to leave, sometimes might have to share, council could enter any time for their welfare. Axis International v Civil Aviation Authority of the Cayman Islands [2014] CILR - Judicial review of aviation regulator. Reset Password; Sell Your Notes ; Law Cases; Become A Law Tutor; … Found inside – Page lxxxiv12.48 Watkins v Birmingham City Council (1975) 126 NLJ 442 ... 17.5, 26.5 Watson v ... 11.6, 27.12 Waverley Borough Council v Fletcher [1995] 4 All ER 756, CA. ... 39.15 Westminster City Council v Clarke [1992] 1 All ER 695, HL . Report on a pilot study sponsored by Westminster City Council, the Soho Community Environment Fund, The Crown Estate, English Heritage and Shaftesbury PLC Lloyd-Jones, T., Eldridge, A., Mulyawan, B. and Theis, M. 2008. THE INTERESTED PARTY … Westminster City Council v Duke of Westminster and Others Council tenants have won their battle with aristocrats who want them off their land. Found insideGreen see Green v. Westleigh Properties Ltd Westminster City Council v. Clarke [1992] 2 AC 288, HLK13.2.3 Weston v. Henshaw [1950] Ch 510 B7.6.4 Westvilla Properties Ltd v. Dow Properties Ltd [2010] EWHC 30 (Ch) K1.2.1 WG Clarke ... Anderson Tire Service Member , Arvada City Council Stuart Assay 1687 West 115th Circle Westminster . Found inside317_90_2207 West v Telford and Wrekin Borough Council [2006] 11 CL 346 18.10 Western Excavating(ECC) Limited v Sharp [1978] IRLR 27 10.56 Westminster City Council v Cabaj [1996] IRLR 399 (CA) 10.45 Westminster City Council v Clarke ... Clarke was a licensee and not a tenant and, as such, his occupation could be effectively terminated at 7-days notice for breach of the conditions of his occupation. 1). R v Lord Chancellor, ex p Child Poverty Action Group, R v DPP, ex p Bull [1998] 2 All ER 755, [1999] 1 WLR 347. DLO Examples Today: Wakefield District Housing and Glasgow City Council. The court ignores sham terms and interprets the agreement as if they had not been included in it. The ‘substance and reality’ was that there was a single agreement giving the co-habitees exclusive possession of the flat. Leases Cases. “This is a very special case which depends on the peculiar nature of the hostel maintained by the council, the use of the hostel by the council, the totality, immediacy, and objectives of the powers exercisable by the council and the restrictions imposed on Mr. Clarke. he was given notice terminating licence. Ashburn Anstalt v Arnold [1988] 2 All ER 147. Found inside – Page 29Following the decision in Westminster City Council v Clarke [1992] 24 HLR 360, HL (see below), it is probable that if this case were to be decided today it would not be the personal nature of the relationship that was decisive; ... In Sectorguard Plc v … our website you agree to our privacy policy and terms. Westminster City Council v Clarke [1992] 2 AC 288 Lease v licence. he was given notice terminating licence. Abadeh v British Telecommunications plc. Westminster City Council (WCC) provided hostel accommodation for homeless single persons. The agreement between WCC and Clarke was described as a license to occupy and it included a provision that Clarke could be required to change rooms or share his room with another occupier. The notice was issued because of complaints by residents and others that Mr. Clarke had caused nuisance and annoyance and noise. Use tab to navigate through the menu items. for the London County Council: Former constituency; Created: 1889; 1949: Abolished: 1919; 1965: Member(s) 3: Created from: Bow and Bromley and Poplar South: Replaced by : Poplar South: Poplar was a constituency used for elections to the London County Council between 1889 and 1919, and again between 1949 and the council's abolition, in 1965. In Crancour Ltd v Da Silvaesa , Purchas LJ said that ‘[t]he exercise of construction must be carried out on the basis that the provisions of the agreement are genuine unless, from their very terms, they appear to be consistent with a sham agreement as defined in the speech of Lord Diplock in Snook v London & West Riding Investments Ltd’ (at [60]). There was no sham here in that case even though the landowner refrained from exercising in full the control rights in the agreement. Found inside – Page xx... 10 CP 402 Welsh v Greenwich London Borough Council [2000] 3 EGLR 41 Wessex Reserve Forces & Cadets Association v White [2005] EWHC 983 Westminster City Council v Clarke [1992] 2 AC 288 Westminster City Council v HSBC Bank plc [2003] ... There was a resident warden and a team of support workers. Osborne Clarke LLP: The Sovini Group: Business in the community: Homes for Lambeth: OVO: The Stylist Group Ltd Cabinet Office (CO) HomeServe Membership Limited: Oxfam GB: The Telegraph: Cadent: Horwich Farrelly Solicitors: PA Consulting: The Tutu Foundation: CALA Group Ltd: Hotel Chocolat: PageGroup: The University of Edinburgh: Calderdale Council: House … claimed he was secure tenant protected by Housing Act 1985. house. Purchas LJ said that ‘the effect in law of the agreement must depend upon its construction in accordance with the normal rules in the context of its factual matrix and genesis.’ (Crancour Ltd v Da Silvaesa at [56]). ©2010-2021 Oxbridge Notes. Abstract This article considers the test for a lease in Street v Mountford [1985] A.C. 809 (HL) and how it has been interpreted in the novel situation of property guardians. Landowners keen to avoid the regulatory consequences of creating a lease have a clear incentive to include control provisions in the lease.

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