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Aitken v South Hams District Council: HL 8 Jul 1994

A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994

A Lambert Flat Management Ltd v Lomas: 1981

The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) of the statute. Held: Skinner J said: ‘I prefer to look at the scheme laid down in this Act and its associated Regulations. A comprehensive right of appeal is given by s.58(3) … Continue reading A Lambert Flat Management Ltd v Lomas: 1981

AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996

Citations: [1996] EWHC Admin 41 Statutes: Environmental Protection Act 1990 80(4), Control of Pollution Act 1974 60(8) Jurisdiction: England and Wales Citing: Cited – A Lambert Flat Management Ltd v Lomas 1981 The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) … Continue reading AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996

Tael One Partners Ltd v Morgan Stanley and Co International Plc: SC 11 Mar 2015

This appeal raises a question of contractual interpretation. Its significance lies in the fact that the contractual condition in question forms part of the Loan Market Association standard terms and conditions for par trade transactions which are a recommended set of terms published by the LMA and commonly used in the secondary loan market. Tael … Continue reading Tael One Partners Ltd v Morgan Stanley and Co International Plc: SC 11 Mar 2015