Administrative Court: Practice and Procedure
Edition: 1st 2007
Author: General Editor:
Beverley Lang, QC
Consultant Editor: David Pannick, QC
Consultant Editor: Lord Lester of Herne Hill
ISBN: 042190500X
/ 9780421905009
Publishers: Sweet & Maxwell
Price £175
Publication Date: 22/08/2006
Publisher's Title Information: 22/08/2006
Administrative Court: Practice and Procedure is a detailed practice manual that gives practitioners
dealing with the Administrative Court access to highly authoritative guidance
on the procedures involved in bringing a case before the court.
Written by authors with unparalleled experience and authority in this field, it
provides the assurance that procedures will be followed correctly, identifies
areas where problems can occur, and supplies a wealth of practical tools to
ensure smooth running of cases.
Provides best-practice guidance on all procedural matters relating to the
Administrative Court
Covers in full the processes and procedures of judicial review
Deals with procedures for all other aspects of the court's workload (statutory appeals,
statutory applications, case stated, etc)
Includes practical advice on how to negotiate the procedures effectively
Features a comprehensive set of court forms
Analyses relevant case law
Sets out all relevant legislation, procedural rules and practice directions
Contents
1. Introduction and overview
Supreme Court Act 1981, RSC O.53, the Crown Office and the Divisional Court,
replaced by CPR Pt 54, the Administrative Court Office and the Administrative
Court. Sources of information about practice and procedure (books and internet
sites).
2. Overview of the jurisdiction of the Administrative Court.
Judicial review (when is it appropriate to proceed by way of judicial review
rather than by claim to the QBD), statutory appeals and applications, case stated.
3. The Administrative Court and the Administrative Court Office
Structure, Judges, personnel, how they operate
Master of the Crown Office
Practice Directions
A Judicial review
4. Pre-action procedure
Pre-action protocol, timing and delay, identifying appropriate claimant/s with
sufficient interest, group claims, identifying appropriate defendant/s,
interested parties, identifying the decision to be reviewed, alternative
remedies, funding.
5. Commencing a claim
Contents of claim form, evidence in support, human rights and devolution
issues, accompanying documents, preparation of bundle, urgent applications.
6. Acknowledgment of Service
Purpose, contents, application for directions, effect of failing to file an
acknowledgment of service
7. Determination of the application for permission
The test applied, procedure, renewal of permission application, listing,
adjournment, transfer to another division of High Ct., costs.
8. Interim relief
Injunctions, declarations, stays, bail
9. From permission to the hearing
Defendant's detailed statement of grounds and evidence, Claimant's evidence in
reply, evidence, case management, disclosure, cross examination, preparation of
documents for the hearing.
10. Settlement/discontinuance of claim
11. The hearing
Listing, procedure at the hearing, costs
12. Remedies
13. Appeals
14. References to the European Court
15. Procedural table for judicial review claims
(quick reference guide, similar to tables in Atkins Court Forms &
Supperstone and Knapman)
16. Relevant legislation & CPR, pre-action protocol
17. Court Forms and precedents
18. Practice Directions
B Statutory Appeals
19. Introduction, overview, and schedule of statutory appeals to Administrative
Court, listing governing legislation and procedural provisions.
20. Procedure for appeals to a single Judge of the Administrative Court.
21. Procedure for appeals to the Divisional Court.
22. Relevant legislation
23. Relevant procedural rules and practice directions
24. Court forms and precedents
C Statutory applications
25. Schedule of statutory applications
to Administrative Court, listing governing legislation and procedural
provisions.
26. Procedure for applications to a single Judge of the Administrative Court.
27. Procedure for Appeals to the Divisional Court.
28. Relevant legislation
29. Relevant procedural rules and practice directions
30. Court forms and precedents
D Case Stated
31. Case stated by Magistrates
32. Case Stated by Crown Court
33. Case Stated by Minister, Tribunals and Other Persons
34. Relevant legislation
35. Relevant procedural rules and practice directions
36. Court forms and precedents
Civil Evidence: The Essential Guide
Series:
Practitioner Series
Edition: 1st
Author: Martin Iller
ISBN: 0421947101
Publishers: Sweet &
Maxwell
Price £69
Publication Date: 30th
June 2006
Publisher’s Title
Information
This book looks at the
subject of civil evidence from the perspective of the busy practitioner. It is
highly practical in focus, helping practitioners use the rules and procedures
efficiently and effectively.
It helps answer the key questions frequently asked by those involved in civil
actions, such as: How do I prove facts and what can I do to make the most of
them? What evidence is vulnerable to exclusion? How can I ensure my opponent is
providing full disclosure? How will I present the case at trial? How do the
Civil Procedure Rules and the European Convention affect evidential issues?
* Deals with the rules and procedures relating to civil evidence from a
practical perspective
* Covers factual, hearsay, oral, expert and opinion evidence as well as
evidence in the form of witness statements
* Shows how to prove facts and what can be done to make the most of them
* Identifies what evidence is vulnerable to exclusion or inadmissible, and
covers private and public interest immunity, legal professional privilege and
without prejudice communications
* Provides advice on how to ensure an opponent is providing full disclosure
* Shows how best to present evidence at trial
* Incorporates diagrams, bullet points and summaries to help the reader
understand and retain important or complex information more easily
Contents
What this book is about. The impact of
the European Convention of Human Rights and the Human Rights Act 1998. Basic
case analysis. Proving material facts:
the fundamental rules. Hearsay and the Civil Evidence Act 1995. Evidence in interim applications. Disclosure, private and public interest
immunity. Opinion evidence and
experts. Witness statements: CPR 32. Other case management directions concerning
admission of evidence. Examination at
the trial. Evidence before other courts
and tribunals.
Civil Actions against the Police
Edition: 3rd 2004, with 2005 Supplement
Authors: Richard Clayton,
Hugh Tomlinson, Edwin Buckett
& Andrew Davies
ISBN: 0421944706
Publishers: Sweet
& Maxwell
Price £211
Publisher’s Title Information
Civil Actions against the Police
provides comprehensive analysis of the civil rights and remedies for police
misconduct. It covers complaints against the police as well as the practice and
procedure of bringing a claim.
It provides detailed explanation on the traditional tort actions that may be
brought against the police as well as the developing tort of misfeasance in
public office and claims in breach of confidence and data protection.
* Covers all possible actions against the police in one place
* Provides detailed procedural guidance - ensuring practitioners have all the
information they need when preparing a civil action
* Includes all the relevant documents - including PACE Codes and JSB Specimen
Directions
* Covers damages and other remedies
* Includes new chapters on Negligence, Discrimination Claims and Human Rights
Act Claims
Contents
Introduction: Policing and the Citizen. The
Legal Status and Organisation of the Police. The Legal Status and
Organisation of the Police. Complaints Against the Police. Practice and Procedure.
Traditional Tort Actions .
International Torts to the Person. Police Powers over the Person: Arrest,
Detention and Other Miscellaneous Powers. Interfering with Land and Goods.
Lawful Justifications for Entry, Search and Seizure. Malicious Prosecution and
Related Actions. Other Actions and
Remedies. Police Surveillance and Information GatheringIntroduction.
Negligence. Misfeasance and other Civil Actions. Discrimination Claims.
Judicial Review of Police Decisions. Damages. Other Remedies. The Human Rights
Act.
Previous Reviews
As well as being lucid and well-organised, the legal analysis which the authors
bring to their work is of a consistently high quality.
Civil Justice Quarterly
For all lawyers involved in such cases, access to this book is a must.
Legal Action
"It has been most impressively researched. Like its predecessors, it will
surely prove indispensable to academics and practitioners alike."
The Police Journal
"...a must for anyone interested in this area."
Student Law Journal
"...a definitive source of reference."
The Barrister
"...the third edition has built upon the respected reputation of its
predecessors and is fully-up-to-date with the latest Acts of Parliament and
leading authorities."
The Barrister
"...those familiar with earlier editions of the work will not be
disappointed."
New Law Journal
”The book is beautifully presented in quality binding and though expensive, as
ever you get what you pay for."
New Law Journal
"a great addition to a chambers' library"
The Barrister
Civil
Actions Against the Police First Supplement to the Third Edition
The
First Supplement to Civil Actions Against the Police deals with the extensive
developments in statute law, regulations and case law since the publication of
the Third Edition. The areas covered include:
The
far-reaching and controversial changes to police powers brought about by Part 3
of the Serious Organised Crime and Police Act 2005, with numerous amendments
to both the Police and Criminal Evidence Act 1984 and the Police Reform Act
2002 and including fundamental re-casting of powers of arrest without warrant
The
new complaints system including the Police (Conduct) Regulations 2004 and
Police (Complaints and Misconduct) Regulations 2004 and the new Draft Statutory
Guidance, Making the New Police Complaints System Work Better
The
House of Lords decision in O'Brien v Chief Constable of South Wales, on the
admissibility of similar fact evidence in police cases
The
detailed analysis of the relationship between the tort of false imprisonment
and the right to liberty under Article 5 of the ECHR and of police powers in
relation to breach of the peace in Austin v Commissioner of Police for the
Metropolis
The
important police negligence decisions by the Privy Council and the House of
Lords in Attorney-General v Hartwell and Brooks v Commissioner of Police for
the Metropolis
A
series of Court of Appeal decisions relating to police powers of arrest and
detention including R (Laporte) v Chief Constable of Gloucestershire
Constabulary, Taylor v Chief Constable of Thames Valley Police, Cumming v Chief
Constable of Northumbria Police and Al-Fayed v Commissioner of Police for the
Metropolis
The
decision of the Court of Appeal in Wood v Chief Constable of the West Midlands
Police dealing with the availability of the defence of qualified privilege in
libel cases against the police
The
Supplement also contains an Appendix setting out the wide-ranging amendments
to the Police and Criminal Evidence Act 1984 since the publication of the Third
Edition.
Introduction
This book is the first
choice book for criminal law barristers and solicitors; police training
establishments; lawyers employed by local authorities; regulators; civil rights
non-governmental organisations; students; law lecturers and university
reference libraries. It is compulsory reference material in any civil action
against the police and it focuses on the interplay between civil and criminal
law. There is detailed guidance on the most common torts - false imprisonment,
malicious prosecution and misfeasance - and clear analysis of developing causes
of actions against the police such as negligence, privacy, discrimination and
claims under the Human Rights Act.
Why a book about civil actions against the
police?
Because there are a range of police problems
that need addressing, such as excessive use of physical force; discriminatory
patterns of arrest; patterns of harassment of the homeless, youth, racial
minorities and gays, including aggressive and discriminatory use of the
"stop-and-search" and overly harsh enforcement of petty offences;
sometimes verbal abuse of citizens,
including racist, sexist and homophobic slurs; discriminatory non-enforcement
of the law, such as the failure to respond quickly to calls in low-income areas
and half-hearted investigations of domestic violence, rape or hate crimes;
illegal spying on political activists; employment discrimination in appointment of police officers, promotion
and assignments, and internal harassment of minority, women and gay or lesbian
police personnel; use of a "code
of silence" or "sending to Coventry" and retaliation against officers who
report abuse and/or support reforms; overreaction to gang problems, which is
driven by the assumption that those who associate with known gang members must
be involved in criminal activity including illegal mass stops and arrests, and
demanding IDs from young men based on their race and dress instead of on their
criminal conduct; lack of accountability, such as the failure to discipline or
prosecute abusive officers, and the failure to deter abuse by denying
promotions and/or particular assignments because of prior abusive behaviour;
and crowd control tactics that infringe on free expression rights and lead to
unnecessary use of physical force. Police have liability under the Animals Act
1971 section2 (2) (b) if a claimant if bitten by a police dog.
The book
includes these important cases-
Keegan v United Kingdom (App 28867/03) and Keegan v Chief Constable of Merseyside [2003]
EWCA Civ 936
Obtaining
compensation in the European Court of Human Rights for breach of Article 8 and
Article 13 following a police search. The court stated," If the police actions
which are the subject of civil proceedings were purportedly done under the
authority of a search or arrest warrant, then procedural difficulties may arise".
Reeves v Commissioner of
Police of the Metropolis [2000] 1 A.C.360
The House of Lords
considered whether intentional conduct could be within the scope of ‘fault’ in
the Law Reform (Contributory Negligence) Act 1945. The deceased deliberate act
of suicide gave rise to a defence of contributory negligence at common law
within section 4 of the Act. This appeal concerned a claim for damages against the Commissioner following L's death whilst in custody. It was held that due to the complete control exercised over prisoners in custody by the police, there existed an exceptional duty to prevent self-harm.
Desai v Chief
Constable of West Midlands, The Times, May 9, 2000.
The Court of
Appeal accepted that a suspect who ignores clear warnings to come out or a dog
will be sent to find him, only has himself to blame if he suffers injury as a
result. More difficult questions arise when the dog is a police dog trained to
act in an unusually fierce way, as in Gloster v Chief Constable of Greater
Manchester Police [2000] P.I.Q.R, P11.
Osman v UK [1999] 1 F.L.R.193
A leading case
in human rights law. This case involved a tragic set of circumstances in which
the obsessive former teacher of a 15 year old boy, ultimately wounded his pupil and killed the boy's father. The European Court of Human Rights stated that
Article 2 places a positive obligation on the State "to take
operational measures to protect an individual whose life is at risk from the
criminal acts of another individual".
Goswell v The Commissioner of Police, unreported, April 7,
1998, CA. This case is an important authority on damages.
Legislation affecting civil
action against the police.
The Serious
Organised Crime and Police Act 2005 brought about a radical shake-up of the
organisations and powers to fight major crime - most notably by creating the
Serious Organised Crime Agency (SOCA). SOCA brought together the National Crime
Squad, the National Criminal Intelligence Service, and parts of the customs and
immigration authorities; it will have approximately 5,000 civilian staff with
powers to arrest and carry out their own investigations. The Act overhauls the
powers of the police officers contained in the Police and Criminal Evidence Act
1984 - in particular by introducing new 'supergrass' provisions dealing with
the use of informant evidence. The Act introduces new public order offences in
relation to harassment and protest. The Protection from Harassment Act 1997 is
designed to tackle a wide variety of forms of harassment. In particular:
Section 4 relates to putting people in fear of violence which applies if a
person pursues a course of conduct which they know or ought to have known
causes another to fear that violence will be used against them. Section 2 is a
lower level offence where a person pursues a course of conduct which they know
or ought to have known causes harassment. Section 5 relates to restraining
Orders available from the criminal courts which prohibit further harassment or
conduct which causes fear of violence. A breach of this order is a criminal
offence. The Protection from Harassment
Act 1997 had been used to protect employees and persons from harassment,
notably in connection with work that has involved the use, or treatment, of
animals. The Act was primarily intended to be used to combat “stalking” but the
provisions are not limited to that conduct. The amendments introduced by
section 115 of the Serious Organised Crime and Police Act 2005 aim to make the
legal position clearer. Section 125 of SOCPA amends the 1997 Act by inserting a
new subsection 1 of the 1997 Act and it also inserts a new subsection 3A.
Section 113 of
the Serious Organised Crime and Police Act 2005 states that PACE is amended as
follows:-
Section 8 {power to
authorise entry and search of premises) is amended as provided in subsections
(3) and (4); in subsection (1), subsection (15);subsection (6)…and SOCPA
section 132, on demonstrating without authorization in a designated area also
makes for more cases of civil action against the police.
New Police Complaint System
The police
operate on the principle that they can only carry out their duties if they have
the agreement and support of the community. To ensure a good relationship
between the police and the public, it is important that there is a fair and
thorough system for complaining.
Since 1 April 2004 a new
independent police complaints organisation has been in place, the Independent
Police Complaints Commission. For the first time, police complaints can be
conducted by independent investigation teams, people complaining have more
rights and the whole complaints process now has stricter standards. Complaints can
be made about police officers who
neglect their duty; drink on duty; use racist behaviour or language; are
involved in corrupt practices; use excessive force.
All these are
essential reasons for this comprehensive volume, "Civil Actions against the
Police".
Sally Ramage
Serious Organised Crime and
Police Act 2005
Current Law Statute Guide
Edition: 1st
Author: Rudi Fortson
ISBN: ISBN 0-421-93340-2
Publishers: Thomson, Sweet
and Maxwell
Price £42
Publication Date: 02/12/2005
Publisher’s Title
Information
The Serious Organised Crime
and Police Act 2005 introduces wide-ranging and important changes to a variety
of existing crime-fighting powers and regimes. It creates the new Serious
Organised Crime Agency, broadens various law enforcement powers, and makes
significant, and in some cases controversial, amendments to existing
legislation. These changes and new regimes will be important for law
enforcement agencies and criminal practitioners alike.
This Current Law Statute
Guide includes the full text of the Act with detailed section by section with
annotations. The Guide will enable all of those concerned with the criminal
justice system to familiarise themselves with the Act, the new powers and
duties it creates, and how it amends existing legislation.
The Act's provisions include:
The creation of the new
Serious Organised Crime Agency (SOCA), which replaces the National Criminal
Intelligence Service and the National Crime Squad, as well as part of HM
Customs and Excise.
Amendments to the role of
the Director of Public Prosecutions in relation to investigations by SOCA,
including the widening of disclosure notice powers.
Fundamental amendments to
police powers in the Police and Criminal Evidence Act 1984, including new
powers of arrest, new search warrants and the expanded use of forensic
material.
Changes to the money
laundering offences in the Proceeds of Crime Act 2002, including new rules on
overseas offences and unidentified offenders, and changes to the reporting
obligations and procedures relating to informal disclosure and mandatory
disclosure forms.
Additional powers for
community support officers.
Extended harassment laws and
restrictions on public demonstrations within the vicinity of Parliament.
Review
There is a lot in the Act
but this review will only concentrate on parts.
The Serious Organised Crime
and Police Bill 2005 (c.15) ("the 2005 Act") received Royal Assent
on the April 7th 2005.
Part 1 of the 2005 Act
Establishes the Serious Organised Crime Agency.
The Serious Organised Crime
Agency (SOCA) is a powerful non-departmental public body, operating at national
level, and staffed by approximately 4500 civilians.
Section 2(1) states that SOCA has the function of "preventing
and detecting serious organised crime" and "contributing to the
reduction of crime". The words
"prevention" and "detection" have the meaning attributed
to them by s. 81(5) of the Regulation of Investigatory Powers Act 2000 (c.23).
One of the functions of SOCA
is to tackle "organised crime", but the 2005 Act does not define the
terms "organised crime" or "serious organised crime" - this
is not surprising given the uncertain nature of the definition.
The 2005 Act has made a
number of major amendments to the Proceeds of Crime Act 2002.
Police Powers
The changes to Police Powers
will be fundamental to the police officer in the front line, the ones on the
street who cannot carry a law library about with them.
Part 3 of the 2005 Act
includes a number of measures in connection with police
powers.
Of these ss.110 and 111 are
particularly important. When fully in
force, police officers will have a general power of summary arrest for any
offence s.110, but the exercise of a power of arrest is subject to (a) the
conditions set out in the amendments to PACE, and (b) the revised Codes of
Practice. The Government anticipates
that this will help to ensure that the powers are exercised in a responsible
manner, and that an arrest is proportionate to the offence under investigation.
The new scheme was introduced following the PACE Review carried out in November
2002, and in the light of responses received to the Government's consultation
paper Policing: Modernising Police Powers to Meet Community Needs, Home
Office, August 2004. The distinctions
between an "arrestable offence", a "serious arrestable offence",
and (colloquially) a "non-arrestable offence", have gone.
Civilian Powers of Arrest
What might be termed civilian powers of arrest are complicated. The
new arrest without warrant powers given to other persons are, 'if the offender
is in the act of or suspected to be committing an indictable offence.' It is
further complicated by the fact that the 'person' is also required to consider
that his/her power is only exercisable if certain facts given in subsection 4
exist.
What is an indictment and what is an indictable offence? We have a situation where up to now a member
of the public which includes a security guard or a shop detective was expected
to know all the arrestable offences as listed in section 24 of the Police and
Criminal Evidence Act 1984. In the
future they will need to know which offences are indictable offences.
I appreciate that very few
‘Citizen’s arrests’ are actually made but if I asked the man or woman on the
Clapham Omnibus three questions their answers would range from no reply to wide
and varied.
1 What was an arrestable offence?
2 What is an indictable offence?
3 How
many of you have read a copy of the Serious Organized Crime and Police Act
2005?
The single biggest proposed
change in this area is that an arrest will only be permissible if it appears to
the individual that it’s not reasonably practicable for a police officer to
make the arrest instead. In most
circumstances this is unlikely to be a significant limitation because most
people would sooner a police officer make the arrest where possible, rather
than get involved themselves.
The person making the arrest
must also reasonably believe that it’s necessary to prevent the suspect:
causing or suffering physical injury; causing loss or damage to property; or
making off.
I could draw up a list of
those who need to know their powers and a reasonable understanding of the
criminal process. My list includes
nurses, bus drivers, store detectives, teachers, doctors, ministers of
religion, community support officers, social workers, traffic wardens and
persons about to join a police force.
They will all need some sort of training or understanding of their
powers.
This review is of course a tip
of the iceberg, all those involved will need to study the Act in detail and
this Current Law Statute Guide is very fully annotated and comes highly
recommended.
Rob Jerrard
Modern
Equity
Edition:
Seventeenth Edition
Author:
Dr Jill E. Martin
ISBN:
0-421-79840-8
Publishers:
Sweet & Maxwell
Price
£30
Publication
Date: 20th April 2005
Publisher’s
Title Information
First published
in 1935, Hanbury & Martin is
recognised as the leading textbook on equity and trusts. Setting out the
underlying principles which govern the law in this area, it is unparalleled in
both breadth of coverage and wealth of detail.
Contains a critical commentary with full reference to materials from legal journals
Offers a wider range of coverage than other equity textbooks, in particular
equitable remedies, and doctrines such as estoppel and undue influence
Details the latest reform proposals, in particular the recommendations as set
down by the Law Commission
Includes coverage of the case law and legislative developments
Contents
Trusts (including charities and pension trusts). Powers. Trustees. Equitable
remedies.
Hanbury & Martin, now in its seventeenth
edition, is widely recognised as the leading text in the field of trust law,
providing an up-to-date and modern account of this challenging area of the
law. It is unparalleled in both breadth
of coverage and wealth of detail.
This
new edition has been thoroughly revised and includes:
House of Lords decisions in Tivinsectra Ltd v Yardley (on dishonest assistance in a breach of trust and on "Quistclose trusts"), Dubai Aluminium Co Ltd v Salaam (on dishonest assistance in a breach of trust and vicarious liability), Royal Bank of Scotland plc v Etridge (No 2) (on undue influence and mortgages), Campbell v MGN Ltd (on injunctions in confidence/privacy cases) and Cream Holdings Ltd v Baneijee (on section 12(3) of the Human Rights Act 1998 and interlocutory injunctions in confidence/privacy cases). Privy Council decisions in Schmidt v Rosewood Trust Ltd (on disclosure of trust documents) and Dextra Bank & Trust Co Ltd v Bank of Jamaica (on the defence of change of position). Court of Appeal decisions in Pennington v Waine (on the constitution of trusts), Oxley v Hiscock (on interests in the family home), Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (rejecting equity's supposed jurisdiction to set aside contracts for mistake) and Jennings v Rice (on proprietary estoppel and wills).
The
Land Registration Act 2002 (effect on trusts of land and property rights
generally), Charities Bill (overhauling the law of charity), Pensions Act 2004
(effect on trusts of pension funds), Civil Partnership Act 2004 (property
rights
of same-sex couples), Enterprise Act 2002 (bankruptcy and the family home) and
the Finance Act 2004 (effect of new income tax on "pre-owned assets"
on Inheritance Tax planning).
Law
Commission Discussion Paper on Sharing Homes (2002), Consultation Paper on
Trustee Exemption Clauses (2002) and Consultation Paper on Capital and Income
in Trusts: Classification and Apportionment (2004).
Authoritative,
comprehensive and clearly written, Hanbury & Martin will continue to be
welcomed by law students both at undergraduate and postgraduate level, and by
practising lawyers.
Previous Reviews
A highly readable, comprehensive textbook.
Lex Magazine - of previous edition
PREFACE
Since
the publication of the last edition in 2001 there have been many significant
developments in the law of equity and trusts, with much to digest from the
courts, the legislature and the Law Commission. As usual, decisions relating to
the difficult topic of personal liability for involvement in a breach of trust
have been prominent. The House of Lords in Twinsectra Ltd v Yardley gave
further guidance on the meaning of "dishonest" in the context of
liability for dishonest assistance in a breach of trust (also throwing further
light on the unrelated topic of the "Quistclose trust"). Vicarious
liability of a firm for a partner's dishonest assistance was the issue for
their Lordships in Dubai Ahnninium Co Ltd v Salaam. Other notable decisions of
the House of Lords include Royal Bank of Scotland plc v Etridge (No. 2), where
further guidance was given to mortgagees in cases involving possible undue
influence, and the related cases Campbell v MGN Ltd and Cream Holdings Ltd v
Banerjee, concerning injunctions in confidence/privacy cases and the effect of
s.12(3) of the Human Rights Act 1998. The defence of change of position, which
features in many cases involving equity and trusts, was helpfully developed by
the Privy Council in Dextra Bank
Trust
Co Ltd v Bank of Jamaica, where "anticipatory reliance" was accepted
as sufficient. In Schmidt v Rosewood Trust Ltd the Privy Council clarified the
law on disclosure of trust documents to beneficiaries.
The
Court of Appeal reviewed the authorities on proprietary estoppel arising from
promises to leave property by will in Jennings v Rice, and revisited the vexed
question of property disputes between unmarried couples in Oxley v Hiscock,
although it seems unlikely that the principles laid down in that decision will
stem the flow of litigation. There is no space here to include all the
significant decisions of the Court of Appeal on equity and trusts over the
past four years, but mention should be made of Great Peace Shipping Ltd v
Tsavliris Salvage (International) Ltd, rejecting equity's supposed juridiction
to set aside contracts for mistake, and Pennington v Waine, relaxing (perhaps
too far) the rules on the constitution of trusts.
New
legislation since the last edition includes the Land Registration Act 2002
(affecting trusts of land and property rights generally); the Enterprise Act
2002 (giving further protection to the family home in bankruptcy cases); the
Pensions Act 2004 (regulating pension fund trusts); the Civil Partnership Act
2004 (bringing the property and other rights of same-sex couples who register
their partnership into line with those of married couples); and the Finance Act
2004 (introducing income tax on "preowned assets", with
repercussions on gifts and trusts made to avoid Inheritance Tax). In 2004 the
Charities Bill was introduced, with the intention of creating a modern
legislative framework for charity law. The Constitutional Reform Bill as
originally drafted would have abolished the historic office of Lord Chancellor,
but, after much resistance, it was amended so as to preserve the office,
although with a more limited role.
Finally,
relevant publications of the Law Commission should be mentioned. The
long-awaited consultation paper on the property rights of unmarried couples
turned into a disappointing Discussion Paper in 2002 (Sharing Homes), making no
specific proposals for reform. In the same year the consultation paper Trustee
Exemption Clauses was published, and in 2004 a consultation paper on Capital
and Income in Trusts: Classification and Apportionment, provisionally
proposing abolition of equity's old rules on apportionment and the introduction
of a statutory power of allocation, enabling trustees to allocate trust
receipts and expenses to capital or income so far as necessary to discharge
their duty to maintain the balance between capital and income beneficiaries.
Other reform proposals include the Inland Revenue's consultation document
(2004) concerning the simplification and modernisation of the taxation of
trusts
Jill
Martin Lincoln's Inn March 1, 2005
Author:
Philip Hyde
ISBN: 0421877804
Publishers:
Sweet &
Maxwell
Price £75
|
Publication Date: 20/04/2005 Personal Licensing. Flexible
Opening Hours. Appeal Procedures. Sanctions.
Issuing
bodies. |
Solicitor Philip Hyde is the Editor of “Local Authority Licensing and
Registration” a loose-leaf two volume encyclopaedia on the varied licensing and
registration functions of local authorities.
That tome was written with local authorities, their members, legal
advisers and other officers in mind.
This work, "Local Authority Alcohol and Entertainment Licensing",
written after the passing of the Licensing Act 2003, has the same aim.
Comprising 633 pages of which 447 pages contain the primary and
secondary legislation and the Guidance issued by the Secretary of State under
s. 182 of the Licensing Act 2003, the value of the book to most readers will
lie in this experienced author’s commentary on the new provisions and the way
in which local authorities may have to deal with them.
As with all works on new legislation, because of the practice of modern
governments of bringing such legislation into force in a piecemeal fashion and
reserving powers to ministers to make subsequent but important changes, having
set out the law as it was in January 2005 this work is already a little out of
date. The Secretary of State’s Guidance
was revised in June 2006 and the Licensing Act 2003 (Permitted Temporary
Activities) (Notices) Regulations have been introduced since then.
For those considering buying this book, as opposed to its competitors,
the question has to be: "Does it achieve its aim?" or "Does it really provide a
different and important perspective?"
The answer is - yes, in parts.
The chapters on "The Licensing Authority" (chapter 4) and "The
Relationship with other relevant Legislation, Strategies and Initiatives etc"
(chapter 5) quite clearly develop the role of the local authority as licensing
authority, based upon existing laws and procedures. In particular, chapter 4
provides a very useful introduction to the structure of local government, the legal
constitution, the conduct of meetings, standards of conduct of members
(councillors), bias and natural justice.
It also deals with access to information and meetings, rules of debate,
the role of officers of local authorities and judicial supervision by the High
Court through judicial review. Chapter
5 contains specific information on subjects such as ”the planning system”, the
Disability Discrimination Act 1995, Human Rights and Freedom of Information.
These subjects are covered in greater depth than in most of the book’s
competitors and demonstrate the author’s expertise in this field of law. Otherwise the various chapters provide a
commentary on the provisions of the new Act.
For example, chapter 6 on "Hearings and the Role of the Licensing Committee
and Sub-Committee" does little more than set out the provisions of the Act and
Regulations.
There are in places some very helpful references to the debates in
Parliament about various clauses and references to case law, relating to the
previous legislation, but again the strength of the work lies in the author’s
knowledge of relevant case law on the role of local authorities. A particularly good example is the chapter
on "Appeals" (Chapter 15) wherein there are various references to authorities
relevant to the jurisdiction of local authorities when performing a quasi
judicial/administrative function, appeals to magistrates’ courts under
pre-existing legislation and procedures to be followed upon seeking judicial
review.
By contrast the chapter on "Children" (chapter 12) is weak on dealing
with the offences set out in the Act and the criminal proceedings that might
follow. Chapter 14 contains a helpful
table of offences and sets out the Enforcement Concordat produced by the
Regulatory Impact Unit of the Cabinet Office (which has been adopted by the
vast majority of councils in England and Wales.
Overall, the author’s style is clear and comprehensible. The division of the work is based upon
practical experience. The reproduction
of the primary and secondary legislation meets the need for a comprehensive
source work in a manageable paperback format.
This book is a good buy for those working in local authorities and for
specialist licensing practitioners to add to their collection. Its concentration on a local authority
perspective distinguishes it from its competitors and makes purchase
worthwhile. When added to books written
by licensing specialists, it provides an important reference source and useful
commentary.
Kerry Barker, St John’s Chambers, Bristol
The Police And Criminal Evidence
Act 1984
Edition: 5th Edition with 1st Supplement issued June 2006
Author:
Michael Zander Q.C.
ISBN: 0421905808
Publishers: Sweet & Maxwell
Price £97.50 with 1st Supp (Supp on own £22.50) RRP UK
Publication Date: 2005
The
Police and Criminal Evidence Act 1984
Edition: First supplement to the fifth edition -
Author:
Michael Zander
ISBN:
0-421-95610-0
Publishers:
Sweet & Maxwell
Price
£22.50
Publication
Date: June 2006
Publisher’s
Title Information
Michael
Zander's The Police and Criminal Evidence Act 1984 is recognised as the leading
work on PACE, known for its authoritative interpretation, as well as clear
explanation of the law. This first supplement provides an essential update to
the fifth edition.
Covering
the impact of the Serious Organised Crime and Police Act 2005 and the Drugs Act
2005, the supplement deals with the effects of the latest PACE developments,
including the revised Codes of Practice and new case law.
The
new material includes:
The far-reaching changes made to the PACE Codes resulting from implementation
of the Serious Organised Crime and Police Act 2005 (SOCPA)
The
amendments made to PACE by the Drugs Act 2005
The
changes in the commentary section of the book flowing from the changes to PACE,
the Codes of Practice and the Drugs Act 2005
The
latest version of the Notice of Rights and Entitlements issued to suspects in
the police station
Michael Zander's The Police and
Criminal Evidence Act 1984 is recognised as the leading work on PACE, known for
its authoritative interpretation as well as its clear explanation of the law.
It is frequently cited in court.
Provides full coverage of the
law on PACE as amended
Contains in full the latest
Codes of Practice plus the full text of the 1984 Act as amended, each on
different coloured paper for ease of use
Explains PACE in practice via
in-depth discussion of the latest judicial decisions
Offers a Question and Answer
section in each chapter clarifying the most important issues under each topic
Covers England, Wales and
Northern Ireland, showing any differences between jurisdictions
Contains a detailed index which
includes references in different printing styles for the author's text, the Act
and the Codes and also includes all terms defined anywhere in the Act
New for this edition
Contains the latest PACE Codes
in force from August 1, 2004
Deals with the many changes made
to PACE by the Criminal Justice Act 2003
Sets out the new system for charging
under the CJA and includes the DPP's Guidance on the subject
Details the changes made in 2004
to the service that can be provided at public expense by duty solicitors in the
police station
Explains the special provision
for terrorism investigations resulting from the Terrorism Act 2000
Goes through developments on the
right to silence provisions of the Criminal Justice and Public Order Act 1994
and the large body of resulting case law
Covers new powers given to
Community Support Officers under the Police Reform Act 2002 and includes the
relevant statutory provisions in full
Covers many other Acts that make
amendment to the PACE Codes, as well as a mass of new case law
Michael Zander Q.C. is Emeritus
Professor of Law at the London School of Economics and Political Science. He was a member of the Runciman Royal
Commission on Criminal Justice (1991-1993).
He is recognised as the foremost authority on PACE.
With a Foreword by the Lord
Chief Justice, Lord Woolf
Preface To The Fifth Edition
The purpose of this book remains
what it has been since it was first published in 1985-to provide a work on the
Police and Criminal Evidence Act 1984 (PACE) which is useful to practitioners,
police officers, judges, academic lawyers and law students. It is not a book that offers the author's
critical reflections as to the merits or otherwise of the law. It attempts
only to unravel the complexities of the Act.
There was a gap of eight years
between the third edition (1995) and the fourth (2003). The chief reason was that
the Home Office delayed and delayed in producing its major revision of the
PACE Codes of Practice. The revised
Codes were originally planned for 2000 but in the event they were not approved
by Parliament until 2002 and only became operational as from April 2003, a few
days after the fourth edition of this work was published.
The Preface to the fourth
edition indicated that there would soon be a need for a further edition to take
account of developments that had at that time already emerged and others that
were then contemplated.
The changes made in the fifth
edition flow primarily from the Criminal Justice Act 2003 and the revised Codes
of Practice which came into effect as from August 1, 2004. But there were also a variety of other
sources, including new cases and new literature. The opportunity was also taken to make other improvements. The new system for charging brought in by
the Criminal Justice Act 2003 is informed by Guidance issued by the DPP. With
the Director's permission, the book includes the second version of his
Guidance, dated January 2005, as an appendix.
The book also takes account of the changes made in 2004 to the service
that can be provided at public expense by solicitors in the police station.
In August 2004 the Home Office
issued a Consultation Paper, Policing: Modernising Police Powers to Meet
Community Needs, canvassing a variety of possible further amendments to
PACE. These are covered in the
book. The closing date for the
consultation exercise was October 8, 2004.
A little more than a month later, on November 24, the second day of the
new session of Parliament, the Home Office published the Serious Organised
Crime and Police Bill, which incorporated many of the changes in the
Consultation Paper. Many of these are significant. One with relevance for many passages in the book, is the
abolition of the special category of serious arrestable offences and the
application of the powers hitherto only available for such offences to all
indictable offences. Although the book
was then already in the hands of the publishers for processing there was just
time to take account of the provisions of the Bill both in the commentary and
in the text of the legislation - PACE and the Police Reform Act 2002. (The text of the statute printed here shows
the changes (italicised) that would result from implementation of the Bill as
it then stood.) There was of course no
way of knowing whether, and if so, when, the Bill would in fact become law or
what changes might be made to the provisions in the Bill before Royal Assent.
Despite the fact that not much
time has elapsed since the previous edition, the changes for this edition are
therefore extensive. Not all are
additions. It was decided to drop the
material on the admissibility of documents previously dealt with in Part VII of
the Act. This is now dealt with in Part 11 of the Criminal Justice Act 2003.
Since the subject no longer has any connection with PACE, there seemed to be no
sufficient reason for retaining it in this book. Overall the book is more than 100 pages longer than the last
edition-of which nearly half (40 pages) is Commentary and a third is made up of
the additions to the Police Reform Act made by the Serious Organised Crime and
Police Bill 2004-2005 (17 pages) and the DPP's Guidance on charging (16
pages). The additions to PACE itself
amount to some 14 pages.
The book proceeds in the same
way as the previous editions-a commentary on the sections of the Act in
chronological order and on their corresponding provisions in the Codes of
Practice, with frill references, followed at the end of each Chapter by a
Question and Answer section. Since PACE was largely based on the report of the
Philips Royal Commission on Criminal Procedure, the commentary still includes
the state of the law at the time when the Philips Commission reported in 1981,
the Commission's recommendations and, where relevant, an account of the
parliamentary debates on the two PACE bills.
With the kind permission of the
Controller of Her Majesty's Stationery Office, the book reprints the statute
itself as amended (on buff coloured pages), and the Codes of Practice (on blue
pages). A new appendix shows the provisions
of the statute that had not come into force by the time the book went to press
in January 2005.
The book again deals also with
the position in Northern Ireland-mainly in footnotes. Broadly it is the same as
that in England and Wales, though the legislation there and, even more, the
Codes have lagged several years behind.
The original Northern Ireland Order' reflecting the 1984 Act was passed
in 1989. It is referred to here as the
1989 N.I. PACE Order. It came into effect with the Codes of Practice' on
January 1, 1990, four years to the day after implementation of PACE. Five years
later, the Police (Amendment) (Northern Ireland) Order 19953 (referred to as
the 1995 Order) brought Northern Ireland into line in three areas police
powers, police discipline and police complaints. In regard to police powers,
the changes were mainly based on the provisions of the Criminal Justice and
Public Order Act 1994. For police
discipline, the changes were based mainly on the Police and Magistrates' Courts
Act 1994. In regard to police complaints,
the Order revoked and re-enacted the provisions of the Police (Northern
Ireland) Order 1987 but it also gave effect to the government's decisions on
the recommendations of the Independent Commission for Police Complaints. Recent legislation which has effected PACE
amendments in Northern Ireland includes the Police (Northern Ireland) Act 2003,
the Criminal Justice Act 2003 and the Criminal Justice (Northern Ireland) Order
2004 (SI 2004/1500).
So far as concerns the Codes,
the 1995 Northern Ireland Order came into force on July 29, 1996 together with
revised Codes of Practice similar to those introduced in 1995 in Great
Britain. However, revisions in the
Codes of Practice similar to those introduced in England and Wales in 2003 and
2004 have still not been made and it is now expected that it may take until
2006 before they are operational.
Chapter 12, introduced in the
fourth edition, is on civilian staff with PACE police powers under the Police
Reform Act 2002. This topic will be of
growing importance, as the number of Community Support Officers is likely to
increase exponentially. The book also
deals with two topics derived from other legislation that is integrally related
to PACE. One is the "right to
silence" provisions in the Criminal Justice and Public Order Act 1994 and
the mass of case law spawned by those provisions (Chapter 13). The other is the special provision for
terrorism investigations, where these cover the same ground as PACE. They were previously to be found mainly in
the Prevention of Terrorism (Temporary Provisions) Act (PTA) first passed in
1974 and re-enacted from time to time, most recently in 1989-as amended by the
Criminal Justice (Terrorism and Conspiracy) Act 1998. In Northern Ireland they were to be found latterly in the
Northern Ireland (Emergency Provisions) Act 1996 (EPA). The basic legislation is now to be found in
the Terrorism Act 2000. That Act
reformed and extended previous counterterrorist legislation and put it largely
onto a permanent basis. The 2000 Act
applies to all forms of terrorism: Irish, international and domestic. The subject is dealt with throughout the
book, wherever the topic arises.
The book also deals with
judicial decisions interpreting the European Convention on Human Rights that
affect PACE and the right of silence both those given by the European Court of
Human Rights (ECHR) in Strasbourg and those given by domestic courts under the
Human Right Act 1998. (A short
introduction to the Human Rights Act (HRA) for the uninitiated is to be found
in Chapter 14.) Some of the writing on the impact of the HRA on policing and
criminal justice has taken an unduly defensive view and the same is true of
some of the advice given to the police by their own trainers and advisers. The writer shares the more robust view that
until there is an actual judicial decision to the contrary, "there is no
reason at all why police officers should not continue to rely on
long-established, tried and tested tactics and procedures, especially when they
are within a legislative framework . . ." (A Pickover, Police Review,
August 31, 2001, p.31).
It is time enough to give up
what seems to be a sensible rule, procedure or practice when it is judicially
declared to be unlawful. This book at
all events deals with the effect of the HRA only where there are actual
relevant judicial decisions.
The index to the book includes
references in different printing styles for the author's text, the Act and the
Codes. As before, marginal vertical
lines in the text of the Codes of Practice indicate wholly new material. (Changes in the 2003 version of the Codes
are indicated by a single line; changes in the 2004 version are indicated by a
double line.) The footnotes to the text of the Codes indicate when new material
is based on previous provisions and when there has simply been renumbering. The book has been brought up-to-date to
January 2005.
Once again this Edition of
Michael Zander’s book is very welcome, as ever it will be widely consulted
throughout the police and legal profession. This is a text I have used and
relied upon since 1985.
As often happens with law books
Zander 5th Edition was published just as changes reached the statute
book. My copy arrived with a yellow
slip explaining that, ‘changes had been made by The Serious Organised Crime And
Police Act 2005. When the 5th edition
went for printing the Serious Organised Crime and Police Bill had not yet
reached the statute book. The book
deals with the changes to PACE and to the Police Reform Act 2002 made by the
Bill as it stood on first publication.
It received Royal Assent on April 7, 2005. Unsurprisingly, there were changes from the Bill to the Act -
mostly in regard to clause and section numbers, though there were a few
substantive changes.
The Publishers have provided an
on-line update to this 5th edition covering the changes made by this Act. The update will enable the reader to amend
their copy of the book by inserting the necessary alterations.
The update can be found at www.
sweetandmaxwell.co.uk/online/ou.html
Today’s police officers who live
in an electronic age do have the advantage with books having dedicated websites
such as this, this of course wasn’t the case in 1985 when the much needed 1st
edition was published.
1985 was the year when PACE
changed policing; the drastic changes required training courses and the
re-writing of all Force Orders.
Sergeants, my rank at the time, took over possibly the busiest and most
important role - that of custody sergeant, where a complete understanding of
PACE was essential. For a while we
really were 'thrown in at the deep end'; it was all new and we were being
watched from all sides. My Force (City of
London) purchased copies of Zander and it was available to us at that level; at
the sharp end.
I was fortunate enough to be
given a place at the LSE in 1979 to study for my LLM, Michael Zander was one of
the tutors. His book had become
established as one of, if not the leading work on PACE; it still remains so
today. It is still essential that
police officers have an extensive knowledge of this Act with all its amendments.
Zander has always been known for
its authoritative interpretation as well as its clear explanation of the
law. It is frequently cited in court.
It has to be said many times
that all the laws and procedures necessary are contained within the police
manuals and force orders - however if you are serious about your promotion
prospects, or want to research deeper into PACE, this is one of the books that
comes highly recommended, along with the website that will keep you current.
For your money (£69) this latest
Edition gives you:-
Full coverage of the law on PACE
as amended.
Contains in full the latest
Codes of Practice plus the full text of the 1984 Act as amended, each on
different coloured paper for ease of use.
Explains PACE in practice via
in-depth discussion of the latest judicial decisions.
A Question and Answer section in
each chapter clarifying the most important issues under each topic.
Covers England, Wales and
Northern Ireland, showing any differences between jurisdictions.
A detailed index which includes
references in different printing styles for the author's text, the Act and the
Codes and also includes all terms defined anywhere in the Act.
New for this edition.
The latest PACE Codes in force
from August 1, 2004.
Deals with the many changes made
to PACE by the Criminal Justice Act 2003.
Sets out the new system for
charging under the CJA and includes the DPP's Guidance on the subject.
Details the changes made in 2004
to the service that can be provided at public expense by duty solicitors in the
police station.
Explains the special provision
for terrorism investigations resulting from the Terrorism Act 2000.
Goes through developments on the
right to silence provisions of the Criminal Justice and Public Order Act 1994
and the large body of resulting case law.
Covers new powers given to
Community Support Officers under the Police Reform Act 2002 and includes the
relevant statutory provisions in full.
Covers many other Acts that make
amendment to the PACE Codes, as well as a mass of new case law.
Rob Jerrard
Neighbours
and the Law
Edition:
Fourth Edition
Authors:
John Pugh-Smith, Graham Sinclair & William Upton
ISBN:
0 421 92690 2
Publishers:
Sweet & Maxwell
Price
£85
Publication
Date: January 2006
The body of law concerning matters which affect relations between neighbours is wide-ranging and often complex. Neighbours and the Law is the only publication to draw together all of this information in one volume.
This
practical work explains the possible causes of action and remedies available to
parties involved in a dispute. It gives guidance on the procedure for obtaining
redress against private individuals, as well as against public authorities that
fail to comply with their regulatory duties. It covers issues as varied as:
Boundary
disputes
Rights
of way
Rights
to light air and support
Party
walls, fences and hedges
Noise
and waste
Planning
and building control
This
edition has been fully updated to take account of the Land Registration Act
2002, the Planning and Compulsory Purchase Act 2004, and all relevant new case
law. It has many new and updated sections, dealing with areas such as
anti-social behaviour, flooding, masts and pylons, and misrepresentation and
non-disclosure by sellers of land.
There
is a selection of precedents for use in frequently encountered situations. The
title also includes the texts of Part 35 of the Civil Procedure Rules relating
to experts and assessors and the Access to Neighbouring Land Act 1992, as well
as a list of useful website addresses.
Neighbours
and the Law is a quick and convenient reference work for all solicitors,
barristers, surveyors and other professionals advising on neighbour disputes,
as well as for local authority legal and other departments who may be called
upon to give advice to members of the public or to take regulatory action in
connection with such a dispute.
Key
features
Presents
practical guidance on the basic legal principles governing a wide range of
disputes between neighbours
Covers
the many issues you are likely to encounter, including boundary disputes,
rights of way and rights to light, air and support, positive and restrictive
covenants, noise nuisance, and planning and building controls
Clearly
organised into chapters which deal with specific areas of private law and civil
causes of action, and relevant areas of public law
Provides
guidance on the procedure for obtaining redress, as well as for those involved
in the role of professional witness
Explains
the application of statute and case law to give you a better understanding of
the technicalities
Includes
a selection of precedents, comprising documents such as particulars of claim
and court orders for use in frequently encountered situations
New
for the 4th edition
New
sections on anti-social behaviour and the high hedges procedures, flooding and
flood prevention, ionising radiation, masts and pylons, misrepresentation and
non-disclosure by sellers of land, insurance, and the Licensing Act 2003
Fully
updated to take into account the Land Registration Act 2002 and the resulting
case law New and updated precedents
Reproduces
the new Code of Practice for Experts and the Protocol for the Instruction of
Experts to give Evidence in Civil Claims, as well as Part 35 of the Civil
Procedure Rules Details relevant website addresses
We are reminded in the preface that "Neighbours" disputes, in all their many guises, can still frequently lead to complex, emotionally charged and protracted proceedings which, in turn, often call upon the furthest reaches of legal knowledge, law libraries and on-line search facilities. This is very true and they very often lead to domestic disputes where police officers are called out only to find upon arrival that all that is required is to keep the peace and remind the parties that they must seek a civil answer to the problem,
The purpose of the Fourth Edition of this book, as with its predecessors, remains that of providing a concise statement of the areas of law and procedure with which the lawyer, and increasingly other professional disciplines, such as police officers are likely to be face dealing with such disputes.
The authors advise that its contents are intended to serve only as a guide and not a definitive source. The reader is reminded to refer to the relevant specialist works whenever more detailed information is required on a particular topic and/or seek expert advice from the relevant practitioner! This would certainly be the case with police officers when dealing with areas outside their training.
Owners
of previous editions will note that a numbers of additional subject headings
have been added to Chapter 6 (Specific Remedies) and since the publication of
the last edition in 2001 many areas of law covered by this work, particularly
concerning the involvement of the public and quasi-public agencies, have
continued to grow. The law is stated as
at October 31, 2005.
On
late matter is covered by a ‘Stop Press’ in the preface, on Tuesday November
15, 2005 the European Court of Human Rights at Strasbourg delivered judgment in
the case of J.A. Pye (Oxford) Ltd v The United Kingdom (Application No.
44302/02).
The
Court accepted that the limitation period of 12 years was relatively long and
that the law of adverse possession was well-established and had not altered
during the period of the applicants' ownership of the land. It was further accepted that, in order to
avoid losing their title, the applicants had to do no more than regularise the
Grahams' occupation of the land or issue proceedings to recover its possession
within the 12-year period. The Court
noted that not only were the applicants deprived of their property, they
received no compensation for the loss. The result for them was therefore one of
exceptional severity. The Court
reiterated that the taking of property in the public interest without payment
of compensation reasonably related to its value was justified only in
exceptional circumstances.
By
a majority of four to three the court held that the application of the
provisions of the Land Registration Act 1925 and Limitation Act 1980 to deprive
the applicant companies of their title to the registered land imposed on them
an individual and excessive burden and upset the fair balance between the
demands of the public interest on the one hand and the applicants' right to the
peaceful enjoyment of their possessions on the other. There was therefore a
violation of Article 1 of Protocol No. 1.
The question whether any compensation was payable by the UK government
was reserved.