The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives.
Times 08-Jun-1995, Independent 07-Jun-1995
Water Industry Act 1991 68(1)(a)
England and Wales
Updated: 21 January 2023; Ref: scu.87792
The parties disputed an oil miming lease.
Knowles J
[2017] EWHC 1102 (Comm)
England and Wales
Updated: 30 November 2022; Ref: scu.588918
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not to be found in dictionary definitions. However, when construed in the context both of sub-section (1)(a) and s.33 as a whole, the preponderance of the argument favours and clearly so, the word ‘deposit’ including unintended escapes. The contrary argument, that this construction results in an unsatisfactory overlap with s.34 of the Act, falls to the ground because s.34 is inapplicable in such circumstances. Conscious though I am that s.33 gives rise to a penal provision, I am satisfied that the usual and strong presumption of a mens rea is here displaced.’
Gross LJ, Singh J
[2013] EWHC 472 (Admin)
Environmental Protection Act 1990 33(1)(a)
Cited – Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency Admn 14-Oct-1997
Mance J explained the need to construe the statute so as to identify the rule of attribution appropriate to the relevant statutory offence: ‘The rule of attribution appropriate to a particular situation (e.g., the nature and level of conduct or . .
Cited – Milton Keynes District Council v Fuller and Another Admn 23-Jun-2011
The magistrates had concluded that the movement of waste, previously tipped by others in the entrance to the Respondents’ field, did not amount to a ‘deposit’, within s.33(1)(a) of the 1990 Act. The Council appealed against dismissal of it . .
Cited – Regina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court ECJ 8-Feb-2007
ECJ Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) – Treatment of waste water Directive 75/442 Directive 91/271 Waste Concept . .
Cited – Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council Admn 8-Mar-2004
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an . .
Cited – Scott and Another v Westminster City Council CA 20-Mar-1995
A vendor’s ‘hot chestnut’ stall was an ‘item deposited on highway’ and could be removed by the Council under the 1980 Act. Waite LJ said: ‘The verb ‘to deposit’ is a term of wide connotation, apt to describe any state of affairs in which one object . .
Cited – Remet Co Ltd v Newham London Borough Council QBD 1981
The defendants, when loading non-ferrous metal swarf on to lorries standing on the highway, from time to time miscalculated the available space in a lorry being loaded, and some of the swarf accidentally fell on to the road. In respect of three such . .
Cited – Gammon (Hong Kong) Ltd v A-G of Hong Kong PC 1984
Lord Scarman expressed the purpose of imposing strict liability within criminal law: ‘In their Lordships’ opinion, the law relevant to this appeal may be stated in the following propositions . . : (1) there is a presumption of law that mens rea is . .
Cited – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 November 2022; Ref: scu.471921
Quebec – The Board was asked as to the liability for municipal and school taxes in respect of the gas mains installed under the streets.
[1932] UKPC 14
Canada
Updated: 13 November 2022; Ref: scu.469818
ECJ 1 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Scope – `Telecommunications organizations’ defined as bodies holding special or exclusive rights – Concept
(Council Directives 90/387, Arts 1(1) and 2(1), and 92/44, Art. 2(1); Commission Directives 90/388 and 94/46, Art. 2)
2 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Identification – Fact of having been the subject of a notification made pursuant to the second subparagraph of Article 2(1) of Directive 90/387 – Holding of an operating licence required by national law but granted on a non-discriminatory basis – Enjoyment of special prerogatives granted on a non-discriminatory basis permitting telecommunications networks to be set up – Irrelevant (Council Directives 90/387, Art. 2(1), second subpara., and 92/44)
3 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Concept – Undertakings with exclusive responsibility for operating international lines – Undertaking responsible for the exclusive operation of a public telecommunications network covering part of the country – Included (Council Directives 90/387, Art. 2(1) and 92/44)
4 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Obligation to provide a minimum set of leased lines imposed by a Member State only on certain telecommunications organizations – Whether permissible – Conditions
(Council Directive 92/44, Art. 7)
5 Community law – Principles – Proportionality – Obligation referred to in Directive 92/44 to provide, irrespective of whether there is an actual demand, a certain number of lines complying with certain technical characteristics – Breach – None
C-302/94, [1996] EUECJ C-302/94
European
Updated: 04 November 2022; Ref: scu.161462
The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory.
Held: Although the defendants were unaware of the existence of the defect and ‘could not be criticised for failing to discover it,’ the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.
Lloyd LJ
Independent 30-Aug-1994, Times 04-Aug-1994, [1994] Env LR 131
Water Resources Act 1991 85(1) 209
England and Wales
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 October 2022; Ref: scu.86463
Appeal against a quashing of a decision of the planning Inspector appointed by the the Secretary of State, allowing the appellant’s appeal against the refusal of the third respondent to grant planning permission for the erection of a 1.3 megawatt wind turbine generator with a hub height of up to 50 metres and a blade tip height of up to 80 metres on land at Pensilva, Liskeard (‘the site’).
Mummery, Rimer, Sullivan LJJ
[2011] EWCA Civ 863, [2012] Env LR 3
England and Wales
Cited – Champion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2022; Ref: scu.442737
Lindlblom J
[2011] EWHC 1873 (Admin)
Renewables Obligation Order 2009 (SI 2009/785), Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998
England and Wales
Updated: 17 September 2022; Ref: scu.442703
ECJ Approximation of laws – Telecommunications – Networks and services – Directive 2002/22/EC – Designation of undertakings to provide universal service – Specific obligations imposed on the designated undertaking – Directory enquiry services and directories.
C-16/10, [2011] EUECJ C-16/10
European
Updated: 03 September 2022; Ref: scu.430216
ECJ Energy policy – Internal market in natural gas – Directive 2003/55/EC – Regulation (EC) No 1775/2005 – Except for historical contracts – Principle of non-discriminatory ultimate vacuuming to transmission of natural gas’ – Law National establishing two separate schemes, one for forwarding business, the other for transit activities – comparable situations – Relevant criteria justifying differential treatment – Generalization based on the distinction between the routing and transit.
C-241/09, [2010] EUECJ C-241/09, [2010] EUECJ C-241/09
Directive 2003/55/EC, Regulation (EC) No 1775/2005
European
Updated: 24 August 2022; Ref: scu.424767
[2010] EWCA Civ 114
England and Wales
Updated: 14 August 2022; Ref: scu.401677
ECJ (Freedom To Provide Services) Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Public service for the distribution of drinking water and the treatment of sewage – Service concession – Definition – Transfer to the supplier of the risk connected with operating the service in question.
C-206/08, [2009] EUECJ C-206/08
European
Updated: 04 August 2022; Ref: scu.374763
Pill LJ, Cranston J
[2009] EWHC 1540 (Admin)
Roads and Street Works Act 1991 55(5)
Updated: 30 July 2022; Ref: scu.347480
(Competition) Appeal Operations in respect of undertakings Market in the distribution of electricity – Damage resulting from the Commission’s conduct in assessing the concentration Conditions for the non-contractual liability of the Community
C-440/07, [2009] EUECJ C-440/07 – O
European
Opinion – Commission v Schneider Electric ECJ 16-Jul-2009
ECJ Grand Chamber – Appeal Concentrations Regulation (EEC) No 4064/89 Commission decision declaring a concentration incompatible with the common market Annulment Non contractual liability of the Community on . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 July 2022; Ref: scu.286156
ECJ Law Relating To Undertakings – Opinion – The action was brought by the European Commission against Greece regarding a public procurement contract in relation to a power station on the island of Crete. The Commission argued that the contracting authority, by failing, firstly, to publish a call for tenders and, secondly, to give reasons for the rejection of one of the tenders in a timely manner, had failed to fulfil its obligations under Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
[2008] EUECJ C-250/07 – O
European
Opinion – Commission v Greece C-250/07 ECJ 4-Jun-2009
(Law Relating To Undertakings) Failure of a Member State to fulfil obligations Directive 93/38/EEC Public contracts in the water, energy, transport and telecommunications sectors Award of a contract without a prior call for competition Conditions . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.279129
Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act.
Carnwath LJ, Bean J
[2008] EWHC 1763 (Admin)
Environmental Protection Act 1990 33
Updated: 19 July 2022; Ref: scu.272301
The claimants challenged the introduction of rules requiring them to keep stocks of oil in case of civil emergency.
[2008] EWHC 1052 (Admin)
England and Wales
Updated: 14 July 2022; Ref: scu.267660
ECJ TACIS program – services provided in connection with a nuclear power plant in Ukraine – lack of remuneration – jurisdiction of the court – action for damages – non-contractual liability
T-283/02, [2005] EUECJ T-283/02
European
Updated: 29 June 2022; Ref: scu.223646
Destruction of water main in building works
[2004] EWHC 2021 (TCC)
England and Wales
Updated: 23 June 2022; Ref: scu.216450
ECJ The authorization to exceed the maximum permitted concentrations set out in Annex I to Directive 80/778/EEC relating to the quality of water intended for human consumption (Article 10 (1)) must be granted only in an urgent situation in which the national authorities are required to cope suddenly with difficulties in the supply of water for human consumption . Such an authorization must be limited to the time normally necessary to restore the quality of the water affected, must not pose any unacceptable risk to human health and may be granted only if the supply of water for human consumption cannot be maintained in any other way.
R-228/87, [1988] EUECJ R-228/87
Updated: 21 June 2022; Ref: scu.215645
C-25/64, [1965] EUECJ C-25/64
European
Updated: 21 June 2022; Ref: scu.214032
(Investments )
[1957] EUECJ C-1/57
European
Updated: 21 June 2022; Ref: scu.213745
The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue a licence.
Held: The transitional provisions were not easy, but had been navigated correctly by the Environment Agency. The Agency had considered the report governing these matters which did not in any event have the force of law. The application failed.
Turner J
[2001] EWHC Admin 1058
Environmental Protection Act 1990 7 7(4), Pollution Prevention and Control (England and Wales) Regulations 2000 9, Council Directive 96/61/EC Integrated Pollution Prevention and Control
Updated: 05 June 2022; Ref: scu.167369
(Judgment) Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (EC Treaty, Art. 169)
[1997] EUECJ C-311/96
European
Updated: 03 June 2022; Ref: scu.161950
ECJ In order to ensure that directives are fully applied in fact as well as in law, Member States must provide a precise legal framework in the field in question, by adopting rules of law capable of creating a situation which is sufficiently precise, clear and transparent to allow individuals to know their rights and rely on them before the national courts.
Even supposing that the ‘General Conditions for Telecommunications Services’ adopted and published by the public postal and telecommunications undertaking of a Member State have a content which complies with Directive 92/44 on the application of open network provision to leased lines, they cannot be regarded as ensuring an adequate transposition of that directive where it is apparent that that Member State has not adopted within the prescribed period the provisions needed to oblige that undertaking to comply with the requirements of the directive and to put individuals in a position to know the full extent of their rights under the directive and rely on them, if necessary, before the national courts.
C-220/94, [1995] EUECJ C-220/94
European
Updated: 03 June 2022; Ref: scu.161404
The Secretary of State may accept undertakings from water companies to provide a wholesome water supply, rather than requiring a court to order them to achieve the same thing.
Times 04-Apr-1994, Independent 12-Apr-1994
Water Industry Act 1991 68(1)(a)
England and Wales
Updated: 31 May 2022; Ref: scu.87695
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant sought payment of sums remaining due under the contracts entered into by consumers, but the defendant counterclaimed saying that the decision to enter administration was a repudiation with associated losses. The claimant now sought summary judgment.
Held: The application was granted.
Andrew Baker J
[2018] EWHC 49 (Comm), [2018] WLR(D) 39
Bailii, WLRD, Judiciary, Judiciary Summary
England and Wales
Cited – Maple Flock Co v Universal Furniture Products (Wembley) Ltd CA 1934
The court considered the effect of a breach in a contract for delivery by instalments.
Held: The chief considerations are first, the ratio quantitatively which the breach bears to the contract as a whole, and secondly, the degree of . .
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Cited – Key2Law (Surrey) Llp v De’Antiquis CA 20-Dec-2011
. .
Cited – Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd CA 23-May-2013
. .
Cited – Monarch Airlines Ltd, Regina (on The Application of) v Airport Coordination Ltd CA 22-Nov-2017
. .
Cited – Boston Deep Sea Fishing and Ice Co v Ansell CA 1888
An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud.
Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract . .
Cited – Yeoman Credit Ltd v Waragowski CA 1961
The defendant had paid the initial deposit for and took delivery on hire-purchase terms of a van, but made no monthly hire-purchase instalments. The plaintiff terminated, took possession of the van and sued for hire-purchase arrears and damages. . .
Cited – Financings Ltd v Baldock CA 1963
The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
Held: Where an . .
Cited – Financings Ltd v Baldock CA 1963
The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
Held: Where an . .
Cited – Lombard North Central v Butterworth CA 31-Jul-1986
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment . .
Cited – Vitol Sa v Norelf Ltd HL 10-Jul-1996
(The Santa Clara) The seller was to deliver propane by a ship set to leave on a certain date. The market was falling. The buyer, when it was clear that the ship would be unable to leave on the day fixed, sent a telex to say that the contract was . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd HL 1974
The court considered how to construe a clause in a contract which excluded a remedy provided by law. Lord Diplock said: ‘It is, of course, open to parties to a contract . . to exclude by express agreement a remedy for its breach which would . .
Cited – And So To Bed Ltd v Dixon 2001
The defendants, Mr and Mrs Dixon, were franchisees of an ‘And So To Bed’ shop. The franchise was terminated by the claimant, purportedly under a clause of the franchise agreement which entitled the claimant summarily to terminate the agreement for . .
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
Cited – Stocznia Gdanska Sa v Latvian Shipping Company and others CA 23-Jul-2002
Application for leave to appeal to the House of Lords refused. . .
Cited – Leofelis Sa and Another v Lonsdale Sports Ltd 7 Ors ChD 8-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.606402
Two claims for judicial review of a decision taken by the Defendant, Ofcom, in relation to the rules governing an auction of radio bandwidth or ‘spectrum’
Green J
[2017] EWHC 3376 (Admin)
Bailii, Judiciary, Judiciary Summary
England and Wales
Updated: 29 May 2022; Ref: scu.602587
Claim for judicial review of the decision of the Office of Communications (‘Ofcom’), the defendant, regarding the annual licence fee payable for the use of two bands of radio spectrum, the 900 MHz and 1800 MHz bands.
Cranston J
[2016] EWHC 2134 (Admin)
England and Wales
Updated: 23 May 2022; Ref: scu.568831
Right to Water. Underground springs
[1863] EngR 325, (1863) 3 B and S 710, (1863) 122 ER 266
England and Wales
Updated: 20 May 2022; Ref: scu.282980
The system in the UK of the government accepting undertakings from water companies as to the steps to be taken to comply with European regulations as to water standards had been used to allow non-compliance. The UK was in breach of requirements.
Times 30-Apr-1999, C-340/96, [1999] EUECJ C-340/96
Council Directive 80/778/EEC, Water Industry Act 1991
Updated: 19 May 2022; Ref: scu.79307
[1862] EngR 332, (1862) 1 B and S 903, (1862) 121 ER 949
England and Wales
Updated: 18 May 2022; Ref: scu.286498
An action maintained against a board of works for not keeping a sewer cleaned, whereby it became choked up, and the overflow therefrom ran into the plaintiff’s premises, and quare, whether the defence of contributory negligence on the part of the plaintiff, though admissible under the general issue, can be established under the Metropolis Local Management Act.
[1860] EngR 127, (1860) 2 F and F 144, (1860) 175 ER 998
England and Wales
Updated: 18 May 2022; Ref: scu.284966
The cleansing and repairing of drains and sewers is prima facie the duty of him who occupies the premises, and does not devolve upon the owner, merely as such. Therefore a declaration in case fur omitting to cleanse and repair drains and sewers, whereby the plaintiffs adjacent premises suffered damage, is bad on general demurrer if it charge the defendant as the ‘owner and proprietor” of such drains and sewers, unless it also allege some ground of liability. The words ‘owner and proprietor’ do not necessarily import that the party is occupier.
[1842] EngR 72, (1842) 3 QB 449, (1842) 114 ER 579
England and Wales
Updated: 15 May 2022; Ref: scu.307027
Sewage works could not be treated as ‘premises’ under the section. ‘The very magnitude of the authority conferred upon justices by the sections under consideration affords a powerful argument that they are intended for ordinary and comparatively simple cases . .’
(1889) 22 QBD 520
Not binding – Hounslow London Borough Council v Thames Water Utilities Ltd Admn 23-May-2003
An abatement notice was served on the respondent in respect of the stink emanating from their sewage works. The magistrates decided that the workls did not constitute premises within the section, following Parlby.
Held: Parlby was not binding, . .
Cited – Vella v London Borough of Lambeth Admn 14-Nov-2005
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 May 2022; Ref: scu.183839
The court considered a relator action: ‘Although the name of the Attorney-General is used, it is quite clear that he has never been consulted, and that any advantage from these litigations to the public is the last thing which those who have set it on foot have thought of.’
(1853) 2 E and B 767, [1853] EngR 221, (1852-1853) 3 De G M and G 304, (1853) 43 ER 119, [1853] EngR 919, (1853) 2 El and Bl 767, (1853) 118 ER 955
England and Wales
Updated: 29 April 2022; Ref: scu.188837
The plaintiffs claimed that their house had been damaged by radioactive material that had been discharged into the Irish Sea from Sellafield which had subsequently become deposited in their house as dust.
Held: The l965 Act required them to established that there had been damage to property, meaning tangible property. He went on to reject the plaintiffs’ claim that the house included the air space within the walls, ceilings and floors and that it had been damaged by the presence of radioactive material which had resulted in the house being rendered less valuable. All that had happened was that the house had been contaminated and that did not amount to damage to property which was the type of damage for which the Act provided compensation. The fact that the house was less valuable was the economic result of the presence of radioactive material, not the result of damage to the house from the radioactive properties of the material.
Gatehouse J
[1990] 2 QB 557, [1991] CLY 2662, [1990] 3 WLR 383
Nuclear Installations Act 1965 7 8 9 10 11 12
England and Wales
Cited – Transco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.188045
Internal Market In Electricity – Closed Distribution Systems – Opinion
C-262/17, [2018] EUECJ C-262/17 – O
European
Updated: 27 April 2022; Ref: scu.622594
[1907] UKHL 1019
Scotland
Updated: 27 April 2022; Ref: scu.622288
[1907] UKHL 1018 – 1, 44 SLR 1018
England and Wales
Updated: 27 April 2022; Ref: scu.622287
The Burgh Sewerage, Drainage, and Water Supply (Scotland) Act 1901, sec. 5, enacts-‘The powers and duties of the town council of any burgh, as the authority under the principal Act [ i.e., by sec. 1, the Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55)] with reference to sewerage and drainage or water supply, shall extend to the whole area of the burgh as existing for the purposes of the Public Health (Scotland) Act 1897, and the town council of any burgh as the authority under the principal Act, in addition to the powers conferred upon them by the principal Act or any other Act, shall, with reference to sewerage and drainage or water supply within such area, have the same rights, powers, and privileges as are conferred by the Public Health (Scotland) Act 1897 upon local authorities under that Act in districts other than burghs, with the exception of the rights, powers, and privileges conferred by sections one hundred and twenty-two and one hundred and thirty-one of the last-mentioned Act, to which sections the present section shall not apply, and in so far as necessary for giving effect to this enactment the last-mentioned Act, and the Acts and parts of Acts incorporated therewith, are, subject to the necessary modifications, incorporated with the principal Act. . . ‘
Held that under the above-quoted section a burgh, in the formation of sewers, is entitled to proceed either (1) under the provisions of the Burgh Police (Scotland) Act 1892, or (2) under the provisions of the Public Health (Scotland) Act 1897, both of which are a complete code within themselves; and in particular, having proceeded under the Act of 1897, a burgh is not bound to obtain the consent of proprietors required by sec. 217 of the Act of 1892.
Lord Chancellor (Loreburn), Lord Robertson, and Lord Collins
[1908] UKHL 337
Scotland
Updated: 26 April 2022; Ref: scu.621495
The purposes of this Order were the construction of new water-works and the abstraction of an additional supply of water from the river Dee for the City of Aberdeen. All opposition, including that of the counties of Aberdeen and Kincardine and the burgh of Banchory, had been withdrawn, save that on behalf of the District Board of the River Dee District (representing the salmon-fishing interests of the river) and of Sir Victor Mackenzie, Bart., and other riparian owners.
The Local Government Board had reported to the Commissioners with regard to (1) the omission from the incorporated sections of the Lands Clauses (Scotland) Act, of section 127 of that Act, which provides that until the works are completed the promoters are to make good any deficiency of land tax, poor’s rate, andc., caused by land being taken, and (2) the insertion of a clause providing for the accommodation of workmen during the construction of the new works in pursuance of General Order 101 ( a). The omission referred to (1) had been rectified, and a clause had been inserted to meet the second point (2), which, although not in the form suggested by the Local Government Board inasmuch as it provided for accommodation for dealing with cases of infectious as well as other disease, was not objected to by the Board.
The water supply of Aberdeen was obtained by abstracting water from the river Dee at Cairnton, 19 miles from Aberdeen. Originally power to take 6 million gallons per day had been obtained, and in 1885 power to take an additional 2 million gallons was granted. No compensation water scheme existed. It was now proposed to obtain power to abstract an additional 3 million gallons per day, and that without compensation water. The objectors sought that a condition of the passing of the Order should be that the promoters must apply in the following year for power to construct a compensation water reservoir, and suggested that some power to regulate the use of it should be conferred on them. It was stated that the minimum flow of the river at Cairnton was 120 million gallons per day, with a maximum flow of over 1000 million, and an average flow of about 500 million gallons per day, and that at the most the abstraction of the additional 3 million gallons would not reduce by 3-16ths of an inch the level of the water, which had a minimum depth in the main channel of 15 inches.
The Commissioners found the preamble proved, and inserted no condition as to compensation water, being of opinion that in all the circumstances of the case it was not necessary to make such provision.
Clauses were adjusted.
Lord Southwark, the Earl of Moray, and Mr Alpheus C. Morton, MP
[1915] UKHL 863, 53 SLR 863
Scotland
Updated: 26 April 2022; Ref: scu.620695
Challenge to Renewable Heat Incentive Scheme regulations
[2018] EWHC 2012 (Admin)
Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2016
England and Wales
Updated: 25 April 2022; Ref: scu.620635
Energy – Public Service Obligations – Opinion – Request for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(2) – Public service obligations – Article 3(6) – Financial compensation – Article 3(15) – Member State obligation to inform the Commission of all measures adopted to fulfil universal service and public service obligations – Article 36, point (f) – Regulatory authority
ECLI:EU:C:2018:571, C-238/17, [2018] EUECJ C-238/17 – O
European
Updated: 25 April 2022; Ref: scu.620041
Provisional Order – Water – District Water Supply – Existing Private Water Systems Supplying Works and Landed Estates within District – Rating of Property already Privately Supplied – Obligation to Take Over Private Water-works at Valuation.
[1912] UKHL 1055
Scotland
Updated: 25 April 2022; Ref: scu.619253
This Order was promoted by the Clyde Valley Electrical Power Company. Its main purposes were (1) to confer power on the company to make some new arrangements with regard to its capital, and (2) to confirm an agreement entered into with the County Council of Lanarkshire, whereby the company undertook to supply electricity in certain special districts, and to carry out the County Council’s obligations under certain Provisional Orders previously obtained by them from the Board of Trade for the supply of electrical power in these districts.
So far as this agreement related to the district of Shettleston and Tollcross, the Order was opposed by the Corporation of Glasgow, on the ground that a proposal was at the moment pending before Parliament for the inclusion of that district within the city, and that in the event of success the Corporation would themselves be the natural parties to supply electricity there.
In a report by the Board of Trade which was referred to the Commissioners under General Order 95, the Board intimated that in their opinion the agreement above mentioned was open to objection on the ground that similar agreements had proved unsatisfactory in other cases. The Board further raised the question whether the proposed clause confirming this agreement was excluded from the jurisdiction of the Secretary for Scotland under sec. 16 (2) of the Private Legislation Procedure (Scotland) Act 1899, which provided as follows-‘Nothing contained in this Act shall . . confer upon the Secretary for Scotland power to make Provisional Orders authorising and regulating the supply of electricity for lighting and other purposes.’
The Chairman intimated that the Commissioners were of opinion that the Order, having been referred to them by the Secretary for Scotland, and passed by the Chairman of Committees of the House of Lords, and the Chairman of Ways and Means of the House of Commons, it was incumbent on them to consider the clause and the agreement upon their merits.
Evidence having been led, the Commissioners expressed the opinion that the agreement scheduled to the Order was for the advantage of the districts concerned, and that the clause confirming the same should be allowed. They accordingly held the preamble proved, subject to the addition to the clause in question of words limiting the grounds upon which the promoters might oppose the annexation of any area to the city of Glasgow.
The Earl of Cathcart, Lord Saye and Sele, Sir John Dewar, Bart., M.P. (Chairman), and Sir William Robertson
[1912] UKHL 1053 – 1
Scotland
Updated: 25 April 2022; Ref: scu.619240
Application for judicial review by eight companies who carry on business generating and supplying electricity as what are known as ‘small embedded generators’.
Lavender J
[2018] EWHC 1583 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618999
Judgment – Reference for a preliminary ruling – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Directive 2004/17/EC – Obligation to review prices after the award of the contract – No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC – Cleaning and maintenance services linked to railway transport operations – Article 3(3) TEU – Articles 26, 57, 58 and 101 TFEU – Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred – Inadmissibility – Article 16 of the Charter of Fundamental Rights of the European Union – Provision of national law not implementing EU law – Lack of jurisdiction
CLI:EU:C:2018:264, [2018] EUECJ C-152/17
European
Updated: 13 April 2022; Ref: scu.609052
There was no time limit on the age of a dispute for the Director General to take on the resolution of the dispute.
Times 21-Feb-1995
Updated: 09 April 2022; Ref: scu.86540
The respondent was successor to the owners of a reservoir, and the applicants sought to increase the amount of water they could draw daily. It was agreed that the respondent was not a statutory water undertaker, and the extent of the applicants right of supply was governed by the Act establishing the right to draw water. Still, the applicants were not entitled to the full amount of water supply they sought.
Gazette 20-Jan-2000
Updated: 09 April 2022; Ref: scu.85113
Electric supply was not made under a contract properly so called, and no offence was committed of harassment for payment. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract
Times 24-Feb-1995, [1995] 1 WLR 636
Administration of Justice Act 1970 40(1)
Cited – Rowlands v City of Bradford Metropolitan District Council CA 26-Mar-1999
The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated.
Held: After the EAT decision in W v Essex, it was clear that . .
Cited – W 1-6 v Essex County Council and Another CA 2-Apr-1998
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.84362
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made.
Mance J
Times 10-Aug-1994
England and Wales
At ECJ – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .
See Also – Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher ComC 20-Dec-1996
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.81098
Energy – Opinion – Reference for a preliminary ruling – Directive 2012/27 / EU – Promotion of energy efficiency – Energy efficiency obligations mechanism – Other public policy measures – National Energy Efficiency Fund – Contribution obligation – Distributors of Energy and / or Retail Energy Sales Companies Required – Motivation
C-561/16, [2018] EUECJ C-561/16 – O, [2018] EUECJ C-561/16
European
Updated: 07 April 2022; Ref: scu.608647
Opinion – Energy – Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Exemption of energy products and electricity used to produce electricity – Third subparagraph of Article 21(5) – Entity producing electricity for its own use – Exemption for small producers of electricity
ECLI:EU:C:2018:169, [2018] EUECJ C-90/17 – O
European
Updated: 06 April 2022; Ref: scu.606032
Dispute as to amount payable under the 1855 Act.
McFarlane, Floyd, Henderson LJJ
[2018] EWCA Civ 342
England and Wales
Updated: 05 April 2022; Ref: scu.605693
Appeal arising from a challenge to the refusal of planning consent for the construction of an onshore wind farm.
Lewison, Floyd, Peter Jackson LJJ
[2018] EWCA Civ 231, [2018] WLR(D) 117
England and Wales
Updated: 05 April 2022; Ref: scu.605628
Lord Burnett of Maldon LCJ, Sales, Flaux LJJ
[2018] EWCA Civ 214
England and Wales
Updated: 05 April 2022; Ref: scu.605183
The court considered the damages to be awarded after the defendant failed in its contractual obligations assisting the claimant meeting its Energy Saving obligations.
[2017] EWHC 1399 (Comm)
England and Wales
Updated: 05 April 2022; Ref: scu.588923
‘Where supply of gas is interrupted, a customer is generally entitled to statutory compensation payments from his gas distributor. This appeal concerns the question of who should ultimately bear the cost of those payments where the interruption to the gas supply was caused by another services undertaker, in this case a water company which had negligently allowed water to escape from its pipes and enter nearby gas pipes. Is it the gas undertaker, or the water undertaker?’
[2018] EWCA Civ 33
England and Wales
Updated: 04 April 2022; Ref: scu.604153
Approximation of Laws – Telecommunications – Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Articles 8 and 16 – Directive 2002/19/EC – Articles 8 and 13 – Operator designated as having significant market power – Price control – Obligations imposed by national regulatory authorities – Obligation to ensure cost orientation of prices – Prices set below the costs incurred by the operator concerned for the provision of voice call termination services on mobile networks – Charter of Fundamental Rights of the European Union – Article 16 – Freedom to conduct a business – Proportionality
ECLI:EU:C:2017:989, [2017] EUECJ C-277/16
European
Updated: 02 April 2022; Ref: scu.602104
ECJ Reference for a preliminary ruling – Energy – Gas industry – Security of gas supply – Regulation (EU) No 994/2010 – Obligation of natural gas undertakings to take measures to safeguard the supply of gas to protected customers – Point 1 of the second paragraph of Article 2 – Definition of ‘protected customers’ – Article 8(2) – Additional obligation – Article 8(5) – Possibility for natural gas undertakings of fulfilling their obligation at regional level or at Union level – National legislation imposing on gas suppliers an additional gas storage obligation, the scope of which includes customers who are not protected customers within the meaning of Regulation No 994/2010 – Obligation to be fulfilled, as regards 80% of the gas stored, on the territory of the Member State concerned
C-226/16, [2017] EUECJ C-226/16
European
Updated: 02 April 2022; Ref: scu.602083
The decision under challenge is a planning permission granted on 7 November 2014 by the defendant for a photovoltaic solar park at Hafod Y Dafal Farm, Aberbeeg, Abertillery.
Patterson DBE J
[2015] EWHC 1606 (Admin)
England and Wales
Updated: 02 April 2022; Ref: scu.547561
[2017] EWCA Civ 1873
England and Wales
Updated: 01 April 2022; Ref: scu.599599
(From the Court of Appeal of Jamaica) This appeal raises the question whether, under section 3 of the Electric Lighting Act 1890, the relevant Minister had power in 2001 to grant to the second respondent (‘JPS’) an exclusive licence for the supply of electricity for 20 years for the whole of the island of Jamaica. The appellants represent certain local interests concerned to secure cheaper electricity on the island. Their principal objection is that the grant of such a licence is contrary to the policy of the 1890 Act, by creating a monopoly rather than promoting competition.’
Lord Neuberger, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath
[2017] UKPC 29
Commonwealth
Updated: 01 April 2022; Ref: scu.598624
(Order) Reference for a preliminary ruling – Internal market for natural gas – Directive 2009/73 / EC – Application by the Bundesnetzagentur to amend the conditions for derogation from the Union rules for the operation of the OPAL gas pipeline – Commission Decision amending the conditions Derogation from the rules of the Union – Application for suspension of operation – Lack of urgency
ECLI: EU: T: 2017: 542, [2017] EUECJ T-883/16 – CO
European
Updated: 28 March 2022; Ref: scu.591340
ECJ Grand Chamber – Appeal Concentrations Regulation (EEC) No 4064/89 Commission decision declaring a concentration incompatible with the common market Annulment Non contractual liability of the Community on account of the illegality found Conditions
[2009] EUECJ C-440/07
European
Opinion – Commission v Schneider Electric ECJ 3-Feb-2009
(Competition) Appeal Operations in respect of undertakings Market in the distribution of electricity – Damage resulting from the Commission’s conduct in assessing the concentration Conditions for the non-contractual liability of the Community . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 March 2022; Ref: scu.588171
ECJ (Judgment) Reference for a preliminary ruling – Promotion of energy from renewable sources – Biofuels used for transport – Directive 2009/28/EC – Article 18(1) – ‘Mass balance’ system to ensure that biogas meets the prescribed sustainability criteria – Validity – Articles 34 and 114 TFEU – National legislation requiring mass balance to be carried out in a clearly demarcated area – The competent national authority admitting that this condition may be met when lasting biogas is transported by means of the national gas network – Injunction of that authority excluding that the same condition may be met in the case of imports from Other Member States of sustainable biogas via interconnected national gas networks – Free movement of goods
ECLI:EU:C:2017:490, [2017] EUECJ C-549/15
European
Updated: 27 March 2022; Ref: scu.588264
ECJ (Environmental Liability – Temporal Scope of Application – Operation of A Hydroelectric Power Plant : Judgment) Reference for a preliminary ruling – Environmental liability – Directive 2004/35/EC – Article 17 – Temporal scope of application – Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired- Article 2(1)(b) – Concept of ‘environmental damage’ – National law excluding all damage covered by an authorisation – Article 12(1) – Access to justice in environmental matters – Locus standi – Directive 2000/60/EC – Article 4(7) – Direct effect
ECLI:EU:C:2017:419, [2017] EUECJ C-529/15
European
Updated: 27 March 2022; Ref: scu.588269
ECJ (Judgment) Appeal – State aid – Classification decision – Refusal by the European Commission to continue the examination of the applicant’s complaint – No aid at the end of the preliminary examination stage – Decision which is purely confirmatory – Conditions of legality Of the withdrawal of a classification decision
ECLI:EU:C:2017:409, C-228/16, [2017] EUECJ C-228/16
European
Updated: 26 March 2022; Ref: scu.584304
A construction company applied for a licence to connect a proposed supermarket site to the electricity network. It now challenged a requirement to pay the connection costs before work commenced but without allowance for interest on the early payments.
Ouseley J
[2017] EWHC 1175 (Admin)
England and Wales
Updated: 26 March 2022; Ref: scu.584237
Application for order allowing use of optical cable installed over claimant’s land.
Stephen Davies HHJ
[2017] EWHC B9 (TCC)
England and Wales
Updated: 23 March 2022; Ref: scu.580902
ECJ (Advocate Generals Opinion) Appeal – State aid – Refusal to grant an injunction ordering the suspension of the decision of an arbitration tribunal relating to the electricity tariff which Alouminion SA must pay to DEI – Refusal to follow up DEI’s complaint concerning the alleged State aid granted to Alouminion SA – Reduced electricity tariff
ECLI:EU:C:2017:133, [2017] EUECJ C-228/16 – O
European
Updated: 09 February 2022; Ref: scu.579653
ECJ (Judgment) Appeal – Aid granted by the Italian Republic in favor of Portovesme Srl – Preferential tariff arrangements for electricity – Decision declaring the aid measure incompatible with the internal market
ECLI:EU:C:2017:75, [2017] EUECJ C-606/14
European
Updated: 29 January 2022; Ref: scu.573830
The Claimants sought damages against the Defendants on the basis that the flood damage they suffered at the Property was caused by negligence and / or nuisance on the part of the Defendants.
McKenna HHJ
[2017] EWHC 62 (TCC)
England and Wales
Updated: 28 January 2022; Ref: scu.573406
Application brought by the claimant, the Gas and Electricity Markets Authority acting through the officials of OFGEM for a declaration that the defendant company GB Energy Supply Ltd is unable to pay its debts and therefore conditions in the relevant Electricity Supply Licence and Gas Supply Licence, whereby GEMA authorises the defendant to operate as a gas and electricity supplier in the UK, are satisfied. If those conditions are satisfied then under the terms of the relevant licences GEMA can revoke the supply licences and appoint another energy supplier as a Supplier of Last Resort.
Birss J
[2016] EWHC 3341 (Ch)
Bailii
England and Wales
Utilities, Insolvency
Updated: 27 January 2022; Ref: scu.572752
ECJ Judgment – Reference for a preliminary ruling – Directive 97/67/EC – Article 9 – Postal services in the European Union – Obligation to make a financial contribution to the operational costs of the postal sector’s regulatory authority – Scope
ECLI:EU:C:2016:880, [2016] EUECJ C-2/15
Bailii
Directive 97/67/EC 9
European
Utilities
Updated: 26 January 2022; Ref: scu.571773
[2016] EWHC 2782 (Admin)
Bailii
England and Wales
Utilities
Updated: 25 January 2022; Ref: scu.571034
Compensation calculated to be due after cancellation of long term gas supply contracts
Moore-Bick VP CA, Christopher Clarke, King LJJ
[2016] EWCA Civ 1043
Bailii
England and Wales
Utilities, Contract, Damages
Updated: 24 January 2022; Ref: scu.570649
ECJ Judgment – Appeal – State aid – Production of aluminium – Preferential electricity tariff granted by a contract – Decision declaring the aid compatible with the internal market – Termination of the contract – Judicial suspension of the effects of termination of the contract – Decision declaring the aid unlawful – Article 108(3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Distinction
ECLI:EU:C:2016:797, [2016] EUECJ C-590/14
Bailii
European
Utilities
Updated: 24 January 2022; Ref: scu.570581
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Article 3 – Impartiality and independence of national regulatory authorities – Institutional reform – Merger of national regulatory authority with other regulatory authorities – Dismissal of the President and a board member of the merged national regulatory authority before the expiry of their terms of office – Ground for dismissal not provided for under national law
ECLI:EU:C:2016:780, [2016] EUECJ C-424/15
Bailii
Directive 2002/21/EC
European
Utilities
Updated: 24 January 2022; Ref: scu.570375
Claim for judicial review of a decision on the part of the defendant to authorise the interested party to enter onto land for the purpose of site investigation prior to the construction of a new nuclear power station known as Sizewell C.
Patterson DBE J
[2016] EWHC 2618 (Admin)
Bailii
England and Wales
Land, Utilities
Updated: 24 January 2022; Ref: scu.570260
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Article 4(1) – Right of appeal against a decision taken by a national regulatory authority – Effective appeal mechanism – Decision of a national regulatory authority to continue to apply pending the outcome of the appeal – Temporal effects of a decision of a national court annulling a decision of a national regulatory authority – Possibility of annulling a decision of the national regulatory authority with retroactive effect – Principles of legal certainty and protection of legitimate expectations
ECLI:EU:C:2016:769, [2016] EUECJ C-231/15
Bailii
Directive 2002/21/EC 4(1)
European
Utilities
Updated: 24 January 2022; Ref: scu.570143
ECJ (Judgment) Reference for a preliminary ruling – Regional legislation requiring the distribution, through the systems located in the region concerned, of electricity produced from renewable energy sources to be free of charge – Different treatment depending on the origin of the green electricity – Articles 28 EC and 30 EC – Free movement of goods – Directive 2001/77/EC – Articles 3 and 4 – National support mechanisms for the production of green energy – Directive 2003/54/EC – Articles 3 and 20 – Directive 96/92/EC – Articles 3 and 16 – Internal market in electricity – Access to distribution systems on non-discriminatory tariff conditions – Public service obligations – Lack of proportionality
C-492/14, [2016] EUECJ C-492/14
Bailii
European
European, Utilities
Updated: 23 January 2022; Ref: scu.569632
Opinion
Lord Stewart
[2016] ScotCS CSOH – 103
Bailii
Marine Works (Environmental Impact Assessment) Regulations 2007
Citing:
See Also – The Royal Society for The Protection of Birds, Re Judicial Review CSOH – 104 SCS 19-Jul-2016
Outer House – Opinion – challenge to permission for wind farm . .
See Also – Royal Society for The Protection of Birds, Re Judicial Review CSOH – 105 SCS 19-Jul-2016
. .
See Also – Royal Society for The Protection of Birds, Re Judicial Review CSOH – 106 SCS 19-Jul-2016
. .
Lists of cited by and citing cases may be incomplete.
Scotland, Planning, Utilities, Animals
Updated: 22 January 2022; Ref: scu.568774
The Claimant seeks to recover Failure to Supply Gas (FSG) payments made to some 1683 of the Claimant’s customers, in respect of an incident of water ingress in the Crofton Road area of Orpington from the Defendant’s water main.
Martin Bowdery QC DHCJ
[2016] EWHC 1669 (TCC)
Bailii
New Roads and Street Works Act 1991
Utilities
Updated: 20 January 2022; Ref: scu.567839
Application, lodged as an appeal, seeking to quash a financial penalty of andpound;1 million imposed by the Respondent upon the appellants for breaches of the licence granted by Postcomm to the appellants. Postcomm is the body constituted under the 2000 Act, which is responsible for granting licences to enable persons to ‘convey a letter from one place to another’, to impose appropriate conditions on any such licence and generally to ‘exercise its functions in the manner which it considers is best calculated to further the interests of users of postal services, wherever appropriate by promoting effective competition between postal operators.’
Collins J
[2007] EWHC 1205 (Admin)
Bailii
Postal Services Act 2000
Utilities
Updated: 20 January 2022; Ref: scu.567212
ECJ (Judgment) Public service contracts – Tender procedure – Provision of ‘Trans-European Services for Telematics between Administrations – new generation (TESTAing)’ – Rejection of a tenderer’s bid – Award of the contract – Transparency – Equal treatment – Non-discrimination – Obligation to state reasons
T-349/13, [2016] EUECJ T-349/13
Bailii
European, Utilities
Updated: 18 January 2022; Ref: scu.566479
Part 8 claim arising from a long standing dispute between the Claimant, the Canal and River Trust, and the Defendant, Thames Water Utilities Ltd, in relation to the abstraction of water from the River Lee.
Asplin DBE J
[2016] EWHC 1547 (Ch)
Bailii
England and Wales
Utilities
Updated: 18 January 2022; Ref: scu.566239
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 2003/96 / EC – Taxation of energy products and electricity – Article 2, paragraph 4 b) – dual use of energy products – Concept – Product energy used for thermal waste treatment and flue gas
C. Lycourgos, P
ECLI:EU:C:2015:836, [2015] EUECJ C-529/14 – CO
Bailii
Directive 2003/96/EC
European, Utilities
Updated: 17 January 2022; Ref: scu.565751
The claimant sought to challenge the removal of the exemption for renewable source electricity from the Climate Change Levy.
Held: Review was refused. The court rejected the Respondents’ submission that EU law has no application to the RSE Exemption at all and that therefore the claim must fail because at the national level legitimate expectations cannot be raised against a sovereign Parliament. The amendments to para. 19 of Schedule 6 to the FA 2000 are within the scope of EU law. The EU law principle of legal certainty, and its corollary the protection of legitimate expectations, require that the application of rules of law must be foreseeable by those subject to them, and that a breach of the EU law principle of foreseeability would also be a breach of domestic law on account of the European Communities Act 1972.
The Judge rejected the Claimants’ case that the legal test as to whether there had been a breach of the EU law principles of legal certainty and protection of legitimate expectations in the present case is reducible to the question whether a prudent and circumspect economic operator could have foreseen the possibility of a without notice withdrawal of the RSE Exemption in all the circumstances.
It was not possible to reconcile the various strands of ECJ jurisprudence and the Claimants could not succeed unless they established to his satisfaction that the Respondents promoted a legitimate expectation of there being no withdrawal of the RSE Exemption without a two year time limit (for which the Judge understood the Claimants to be contending), or equivalent fiscal benefit in lieu.
What was required was an express assurance by the Government that any withdrawal of the RSE Exemption would be coupled with the specific two year lead time, or that that might irresistibly be inferred from what Government had said and done such that the giving of such an assurance might be implied; in other words, the giving of something tantamount to an express assurance.
A prudent and circumspect operator should not have inferred that the RSE Exemption would not be removed without a two-year lead time. The Respondents had not created any legitimate expectation on the part of the Claimants to the effect that the RSE Exemption would not be withdrawn without providing a lead time of two-years, or equivalent value.
Jay J
[2016] EWHC 228 (Admin)
Bailii
European Communities Act 1972
England and Wales
Cited by:
Appeal from – Infinis Energy Holdings Ltd v HM Treasury and Another CA 21-Oct-2016
No breach of EU Legitimate Expectation
The appellant challenged rejection of its request for judicial review of a decision to remove financial support for its creation pf renewable energy.
Held: The appal failed. Althought eth claimant would indeed be severely affected, it had . .
Lists of cited by and citing cases may be incomplete.
Utilities, Constitutional, Customs and Excise
Updated: 10 January 2022; Ref: scu.559744
ECJ Judgment – Reference for a preliminary ruling – Directive 2002/22/EC (Universal Service Directive) – Costing of universal service obligations – Taking account of the rate of return on equity capital – Direct effect – Scope ratione temporis
C-508/14, [2015] EUECJ C-508/14, ECLI:EU:C:2015:657
Bailii
Directive 2002/22/EC
European
Utilities
Updated: 04 January 2022; Ref: scu.553105
Sullivan, Tomlinson, Beatson LJJ
[2015] EWCA Civ 657
Bailii
England and Wales
Planning, Utilities
Updated: 02 January 2022; Ref: scu.550182
[2015] CAT 6
Bailii
England and Wales
Commercial, Utilities
Updated: 02 January 2022; Ref: scu.549887
McGowan j
[2014] EWHC 4058 (QB)
Bailii
England and Wales
Utilities, Contract
Updated: 24 December 2021; Ref: scu.539791
The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute.
[2014] EWHC 3677 (Admin)
Bailii
Cited by:
Appeal from – Solar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change CA 1-Mar-2016
This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the . .
Cited – National Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .
Lists of cited by and citing cases may be incomplete.
Utilities
Updated: 23 December 2021; Ref: scu.538335
(Turks and Caicos Islands)
Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed
[2014] UKPC 33
Bailii
Commonwealth
Utilities
Updated: 22 December 2021; Ref: scu.537631
Renewed application for permission to apply for judicial review of The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013.
Lewis J
[2014] EWHC 630 (Admin)
Bailii
England and Wales
Utilities
Updated: 03 December 2021; Ref: scu.524652
