⇒ The Wallbanks owned a farm on church land. As ‘lay rectors’ they would be liable for any repairs needed to the church under archaic laws dating back to the 16th century (although underpinned by the Chancel Repairs Act 1932).
⇒ A legal question for the courts was whether the HRA applied: was the church parish a public authority under s.6(3)?
⇒ The Wallbanks later sold their house to meet the cost of the bill (and legal costs of £250,000).
⇒ The claimant (a racehorse owner) sought judicial review of decision to disqualify his filly (i.e. a young female horse) and fine the claimant when a banned substance was found in the horse’s urine
⇒ The Jockey Club had been incorporated by Royal Charter, but gained its powers from the issuance of licences and permits in a system of sport self-regulation.
Facts: Datafin were looking to takeover a company, but complained to the Panel on Takeovers and Mergers about the company (to be taken over) acting in concert with other parties in breach of the City Code.
⇒ The Panel dismissed the complaint, and the claimant sought judicial review of that dismissal. The question was, was the panel an amenable body for judicial review purposes?
⇒ The High Court dismissed the action because the body was not thought to be susceptible to judicial review.
Held: The Court of Appeal heard an appeal on the jurisdictional (amenability) question, and the substantive application.
Facts: Donoghue as provided with temporary non-secure tenancy by a local authority, pending determination of whether she was intentionally homeless. The property was transferred to a housing association, with a distinct legal identity to the local authority. The housing association served notice to quit, and pursued a possession order in the courts.
⇒ Donoghue sought to argue that her rights under Article 8 ECHR (i.e. right to respect of one’s private and family life) were engaged, and sought an adjournment to the possession proceedings so that the point could be argued about her article 8 rights.
Held: The trial judge refused the adjournment on the basis that, if her Article 8 rights were engaged, there would be no infringement of that right. She appealed to the Court of Appeal. The Court of Appeal agreed on the point that no Article 8 infringement would occur.
⇒ But crucially, the Court of Appeal did rule that Poplar Housing was a public authority under s.6(3) having regard to:
FOOL-PROOF methods of obtaining top grades
SECRETS your professors won't tell you and your peers don't know
INSIDER TIPS and tricks so you can spend less time studying and land the perfect job
We work really hard to provide you with incredible law notes for free...
The proceeds of this eBook helps us to run the site and keep the service FREE!
⇒ The claimant was a tenant who had most (but not all) of their rent paid for by the local authority. The registered social landlord sought possession of the property when the rent fell into arrears. The claimant sought to rely on her Convention rights in contesting the possession order. The Court of Appeal held that the landlord was a functional public authority (i.e. a hybrid public body)
⇒ The CA had regard to:
⇒ The CA further considered that:
Facts: The claimant was 84 years old, and required residential care under s.21 of the National Assistance Act 1948. The care was provided by Southern Cross: a for-profit firm operating care homes for the benefit of public and private residents. The majority of the claimant’s fees were met by the local authority. There was a disagreement between the claimant’s relatives and the care home, so the care home simply decided to terminate the care contract and remove the claimant from the home.
Held: A claim was brought under the HRA, and the question for the court was whether Southern Cross was a functional public authority, such that it would be bound by Article 8 ECHR (i.e. right to respect of one’s private and family life)
Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers.
✅ 60+ page eBook
✅ Research Methods, Success Secrets, Tips, Tricks, and more!
✅ Help keep Digestible Notes FREE