Basildon District Council v Wahlen (Record no. 77105)

MARC details
000 -LEADER
fixed length control field 01952cab a2200277 4500
001 - CONTROL NUMBER
control field ##L133600
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060522n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133600
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Basildon District Council v Wahlen
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 326, 28 March 2006. Considers how the court should assess competing claims for possession of property under the Housing Act 1985 s82 and the right to buy under s118 of the Act, where there is no express statutory guidance giving precedence to either claim. Appeal by B against the district judge's decision to dismiss its claim for possession of a property under s82 of the Act and granting an injunction to W enforcing his right to buy under s118 of the Act. The judge made no reference to B's grounds for seeking possession in his decision. W contended that the judge was bound to balance the competing claims and had failed to do so. "Held": appeal allowed. The act of balancing competing claims had to be carried out and should be an essential ingredient of any judgment. In the instant case the judgment should have contained some reasoning why the balance ultimately had come down in favour of W. The matter was remitted to the CC for a retrial.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BASILDON DC V WAHLEN
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S16
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BRISTOL CITY COUNCIL V LOVELL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KENSINGTON AND CHELSEA LBC V HISLOP
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S82
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S118
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S138
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S121(1)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 PART V
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES-BREACHING RESIDENTIAL TENANCIES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2006/326.html">https://www.bailii.org/ew/cases/EWCA/Civ/2006/326.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 22/05/2006   ONLINE PUBLICATION 133600-2001 06/08/2019 1 06/08/2019 Law report