A decision by a local housing authority under the Housing Act 1996 s.193(5) that it had discharged its duty to secure that accommodation was available for occupation by a homeless applicant was not a determination of that person's "civil rights" within the meaning of the European Convention on Human Rights 1950 art.6(1).
The wishes of an orthodox Hindu that his remains be cremated on a traditional fire in direct sunlight could be accommodated under the Cremation Act 1902 and the Cremation (England and Wales) Regulations 2008, because the kind of structure that he found acceptable for his cremation was a "building" within s.2 of the Act, as that word was to be given its ordinary, wide meaning.
The defendant company had passed off an alcoholic beverage under the brand name VODKAT as vodka in the absence of a clear description of the product. Furthermore, extended passing off was not limited to products perceived as being of superior quality as that would be contrary to the authorities and the principle underlying an action for extended passing off, namely the protection of goodwill.
Where a person had obtained planning permission for a hay barn but constructed a building which was fitted out internally as a dwelling and then lived in it there had been a change of use within the Town and Country Planning Act 1990 s.171B(2) and after four years that person was entitled to a certificate of lawfulness of existing use under s.191.
There was justification for the difference in treatment between prisoners and non-prisoners who were detained in psychiatric hospitals as regards their entitlement to state welfare benefits, which arose from changes to the statutory scheme made by the Social Security (Hospital In-Patients) Regulations 2005.
An order for costs requiring two pharmaceutical companies, which had unsuccessfully applied for the revocation of a patent, to split equally the costs of the successful party could not be criticised as the two actions were indistinguishable and the bulk of costs incurred by the successful party arose from defeating both claims.
Pension arrangements put in place for retired Gurkha soldiers following a review by the Ministry of Defence did not discriminate on grounds of age or nationality in the context of the European Convention on Human Rights 1950 Protocol 1 art.1 in combination with art.14, nor were they irrational. Further, in making the arrangements it had, the MoD had paid due regard to the need to promote equality of opportunity and good relations between people of different racial groups, as required by the Race Relations Act 1976 s.71.
The court gave guidance in relation to practices to be followed by creditors in discharging their duty under the Consumer Credit Act 1974 s.78 to provide copies of credit card agreements in response to requests by the debtors, and about the consequences of non-compliance with s.78.
The failure of the Parole Board to provide a hearing to determine the continued detention of a prisoner serving a sentence of detention for public protection until over four months after his earliest release date gave rise to a breach of the European Convention on Human Rights 1950 art.5(4). The board had not acted with reasonable despatch and there was no explanation for that inaction and lack of case management.
The requirement under an assured tenancy agreement that a registered social landlord could not unreasonably withhold its consent in deciding whether its tenants could exchange homes with each other involved a contractual relationship that possessed a public law dimension, and judicial review of the landlord's decision was refused where private law remedies were available and had not been used.
It was not possible to prevent the revocation of a will pursuant to the Wills Act 1837 s.18B(3) where the testator had subsequently entered into a civil partnership, where the will merely contained a general statement that it was intended to survive a subsequent civil partnership, and it did not show that the testator was expecting to form a civil partnership, let alone with a particular person.
The test of matrilineal descent from a Jewish woman, which was one of a Jewish school's admission requirements, was a test of ethnic origin, meaning that the requirement constituted direct racial discrimination.
The fact that a newspaper columnist held strong and well-publicised views on issues such as law and order, knife crime and drugs did not mean that his service as foreman on a jury that convicted a drug dealer of a knife murder ruled the conviction unsafe. Juries comprised people with often strong views about the criminal justice system, and the only difference between the columnist and a juror about whom nothing was known was that he had expressed those views publicly.
Bank charges levied on personal current account customers in respect of unauthorised overdrafts constituted part of the price or remuneration for the banking services provided within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 reg.6(2)(b) and the Office of Fair Trading was not entitled to assess the fairness of such charges under the Regulations in relation to their adequacy as against the services supplied.
A bank had not fulfilled its duty to make reasonable adjustments under the Disability Discrimination Act 1995 s.21(2) in relation to a branch that could not be accessed by wheelchair users by providing services via the internet or telephone or at other branches. The relevant service that the bank provided was the provision of banking services at the branch in question.
The general rule, under the Family Proceedings Rules 1991 r.2.71(4)(a), that there be no order for costs in ancillary relief proceedings did not apply to the issue of costs between two parties who had intervened in ancillary relief proceedings in order to establish a beneficial interest in the marital home, as those proceedings between the interveners were not "ancillary relief proceedings" for the purpose of that rule.
The Police Act 1997 s.115(7) was not incompatible with the European Convention on Human Rights 1950 art.8 as long as the words "ought to be included" were given their full weight, so that in exercising his discretion as to what information ought to be included in an enhanced criminal record certificate the chief police officer gave proper consideration to the applicant's right to respect for his private life.