THE FOLLOWING notes of judgments were prepared by the reporters of the `All England Law Reports'
R (on the application of Painter) v Carmarthenshire County Council Housing Benefit Review Board; R (on the application of Murphy) v Westminster City Council and ors; Admin Ct (Lightman J) 4 May 2001.
Where a tenant who had enjoyed a relationship with his landlady ceased that relationship and reverted to his former status as lodger, he was not entitled to housing benefit because he fell within reg 7(1)(c)(i) of the Housing Benefit (General) Regulations 1987, which provided that a person was not to be treated as liable to make payments in respect of a dwelling where his liability was to his former partner in respect of a dwelling which he and his former partner had occupied before they ceased to be partners.
Paul Stagg (Smith Llewellyn, Swansea) for P, and (Beachley Mullem and Coleman) for M; Clive Lewis (Alan Jones) for Carmarthenshire County Council; Nathalie Lieven (Solicitor for the Department of Social Security) for the Secretary of State for Social Security.
LIBEL AND SLANDER
O'Shea V MGN Ltd and anor; QBD (Morland J) 4 May 2001.
The principle of strict liability in unintentional defamations did not apply to "look alike" photographs, as it would constitute an unjustifiable interference with the vital right of freedom of expression disproportionate to the legitimate aim of protecting the reputations of "look alikes", and therefore contrary to article 10 of the European Convention on Human Rights. Geoffrey Shaw QC (Peter Carter Rock & Partners) for the claimant; Mark Warby (Davenport Lyons) for the first defendant, and (Henri Bandman & Co) for the second defendant.
TOWN AND COUNTRY PLANNING
Kensington and Chelsea Royal London Borough Council v Harvey Nichols & Co Ltd and ors; CA (Pill, Dyson LJJ) 4 May 2001.
An advertisement would not be exempt from planning control for the purposes of Class D of Sch 2 to the Town and Country Planning (Control of Advertisements) Regulations 1992 where it was not part of the fabric of …