Value Added Tax; economic activities; business; sale of venison; postal services; whether sale of wild venison from large remote highland estate constitutes an economic activity; whether contract with Royal Mail for delivery of mail to remote location constitutes an economic activity. Value Added Tax Act 1994 ss 1, 2, 4 and 94 EC Council Directive … Continue reading De Ferranti v Revenue and Customs: FTTTx 30 Jun 2011
The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed … Continue reading Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008
The claimant, an international door to door courier, challenged service on it of an information request under the 2011 Act, saying that it was not a postal operator subject to the Act. Held: The challenge failed. OFCOM’s policy was properly reached and applied, and since the policy itself had not been challenged the principle of … Continue reading DHL International (UK) Ltd, Regina (on the application of) v The Office of Communications: Admn 4 May 2016
ECJ (Freedom To Provide Services) – Public procurement Liberalisation of postal services Directives 92/50/EEC and 97/67/EC’ Articles 43 EC, 49 EC and 86 EC National legislation allowing public authorities to conclude agreements for the provision of both reserved and non-reserved postal services with a publicly owned company, namely the provider of universal postal service in … Continue reading Asociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado: ECJ 18 Dec 2007
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated in Canada, and denied that the English court had jurisdiction. Each party … Continue reading Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Rectification of irregularities – This decision concerns whether the period prescribed under rule 40(1) for filing an application to restore patent number EP(UK)1257495 can be extended under the provisions of rule107 (Correction of irregularities) or rule 111(Delays in communication services). On 31 August 2012, the applicant filed an application for restoration. He notified the IPO … Continue reading Kenneth Edward Marshall (Patent): IPO 3 Jun 2014
Rectification of irregularities – International application PCT/JP2007/051550 was lodged in the UK on 30 June 2008 and allocated application number GB0811884.6 in the names of Daihatsu Motor Co., Ltd; and others (the applicants).The application proceeded routinely until 8 June 2010, when the IPO sent the applicants, via their appointed attorneys, the examination report under section … Continue reading Daihatsu Motor Co, Ltd; Diamond Electric Mfg Co, Ltd; Toyota Jidosha Kabushiki Kaisha (Patent): IPO 29 May 2014
The claimant journalist had made a freedom of information request to the Charity Commission as to its investigations of a charity under section 8 of the 1993 Act. The Commission claimed absolute exemption under section 32(2). He now appealed against rejection of his application by the Information Tribunal as to most of the material sought. … Continue reading Kennedy v Information Commissioner: Admn 19 Jan 2010
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
