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Property v High D leased a block of flats in London from C in 1937. When war
Trees House [1947] broke out, many flats were left empty as people were evacuated
KBD Denning J to escape bombings. C agreed to reduce the rent by half if D
stayed. D paid the reduced rent until the end of the war, and C
then claimed for the "arrears".
Denning J (obiter dicta) said that had Central London sued for
the arrears for the years 1940-45, it would have failed. It would
have been estopped from going back on its promise [as set out
in the 1940 agreement] to accept a reduction in rental, even
though that promise had not been supported by any
consideration from High Trees because to hold otherwise would
have been unjust
Also here
C won
Per curiam: Judicial review is not an appeal from a decision but
a review of the manner in which the decision was made, and
therefore the court is not entitled on an application for judicial
review to consider whether the decision itself was fair and
reasonable.
Retrial ordered
C lost
[Comment] This can be viewed as a rogue decision as it sought
to deal with the decision and not what it should, and that was to
correct the procedure.
D won
Per curiam: The term McKenzie friend with its connotations of a
certain status and mystique should not be used to describe the
assistance provided by another member of the public to a
litigant in person in the presentation of his case.
Not guilty
Nettleship v Weston
[1971] CA Also here
Reeves, R v [1964]
CA
Ridge v Baldwin [Justice - rules of natural justice - must be allowed to
(1964) HL present his case]
D the watch committee for the police dismissed C who had been
acquitted at Crown Court on charges relating to conspiracy and
corruption. The trial judge intimated C had not given
professional and moral leadership to other officers.
C won
Held: The Home Secretary had power under the Aliens Order
1953 to refuse aliens permission to land or to extend their time
of stay and he had acted in the interest of society.
C lost
A won