Civil Aviation Authority’s role is for the protection of the pubic generally, not to look after individuals. Citations: Times 08-Jun-1995 Jurisdiction: England and Wales Cited by: See Also – Philcox v Civil Aviation Authority CA 5-Dec-1996 . . Lists of cited by and citing cases may be incomplete. Negligence Updated: 21 January 2023; Ref: scu.84704
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction – Article 2(1) – Jurisdiction of the courts of the place where the defendant is domiciled – Article 22(4) – Exclusive jurisdiction in proceedings concerned with the registration or validity of intellectual property rights – … Continue reading Hanssen Beleggingen (Judicial Cooperation In Civil and Commercial Matters – Jurisdiction of The Courts : Judgment): ECJ 5 Oct 2017
The complainant submitted a request to Civil Nuclear Constabulary (‘CNC’) requesting information relating to relating to UFO/UAP incidents over the past 70 years. CNC refused to disclose the requested information, citing section 12(1) of FOI as a basis for non-disclosure, however it later changed its position and stated that it did not hold the requested … Continue reading Civil Nuclear Constabulary (Police and Criminal Justice): ICO 3 Mar 2022
Application to notify appeal out of time – whether burden of proof met to enable effective service of notice of appeal to be deemed – whether administration error in a professional firm a good explanation for the delay – whether respondents’ notices to extend time to carry out review relevant – application refused Citations: [2018] … Continue reading KPF Civil Building and Civil Engineering Ltd v Revenue and Customs (Procedure – Application To Notify Appeal Out of Time): FTTTx 4 Sep 2018
EXCISE DUTY – assessment – wrongdoing penalty (para 4 Sch 41 FA 2008) – whether conduct deliberate Citations: [2018] UKFTT 587 (TC) Links: Bailii Jurisdiction: England and Wales Taxes – Other Updated: 20 December 2022; Ref: scu.632339
Penalties for civil evasion of excise duty and customs duty – whether Appellant dishonest – yes – appeal dismissed Citations: [2022] UKFTT 399 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 12 December 2022; Ref: scu.682696
Procedure : – whether Rule 18 direction for appeals to be related cases appropriate – yes Citations: [2018] UKFTT 500 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 09 December 2022; Ref: scu.622381
Claims by Iraqi citizens to have been detained by the British forces in Iraq and handed over to the US Army – ‘ preliminary issue to determine whether the claims in tort made in these handover cases have a valid legal basis under Iraqi law.’ Judges: Leggatt J Citations: [2015] EWHC 1254 (QB) Links: Bailii … Continue reading Iraqi Civilians v Ministry of Defence: QBD 18 May 2015
UNFAIR DISMISSAL MARRIAGE AND CIVIL PARTNERSHIP The vicar of an evangelical Christian church, who was dismissed in August 2016, alleged that his dismissal was because of the breakdown of his marriage and that his dismissal amounted to marriage discrimination and was unfair. The Employment Tribunal found, on the evidence, that the reason for dismissal was … Continue reading Gould v St John’s Downshire Hill (Unfair Dismissal – Marriage and Civil Partnership): EAT 5 Jun 2020
EXCISE DUTY and CUSTOMS DUTY- civil evasion penalties – s 8 of FA 1994 and s 25 of FA 2003 – whether engagement in conduct for evading excise duty – the fact at issue regarding whether the bags were searched before the green channel – the test of dishonesty after Ivey and Genting – whether … Continue reading Whiteford and Another Revenue and Customs (Excise Duty Civil Penalty (See Also Excise Hydrocarbon Oil [Duty]) : Evasion): FTTTx 18 Jan 2019
These appeals raise questions of some general interest to Fire Brigades and those whom they employ, affecting as they do pension and other rights under the statutory pension scheme for firemen Citations: [2000] EWCA Civ 3034, [2001] OPLR 85 Links: Bailii Jurisdiction: England and Wales Financial Services, Employment Updated: 06 December 2022; Ref: scu.330962
A strike by civil servants in the Ministry of Agriculture in support of a pay claim was not intended to cause damage to an abattoir which was unable to obtain the certificates necessary for exporting meat and claiming subsidies. The damage to the abattoir was neither the purpose of the strike nor the means of … Continue reading Barretts and Baird (Wholesale) Ltd v Institution of Professional Civil Servants (IPCS): 1986
FTTTx VAT SECURITY – reasonableness – appeal dismissed. Citations: [2010] UKFTT 96 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 25 November 2022; Ref: scu.408950
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014
Application for an injunction, on Twintec or Twintec-analogous principles, to restrain three adjudications which the Defendant sub-contractor (‘Astec’) seeks to bring, in respect of the three sub-contracts it had with the Claimant main contractor Citations: [2020] EWHC 796 (TCC) Links: Bailii Jurisdiction: England and Wales Construction Updated: 22 November 2022; Ref: scu.650152
EXCISE DUTY – assessment and penalties Citations: [2019] UKFTT 738 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 22 November 2022; Ref: scu.646927
The complainant requested information from the Home Office about the policing of an industrial dispute in 1983. The Commissioner’s decision is that the Home Office breached section 17(3) of the FOIA by failing to complete its public interest test considerations within a reasonable timeframe. FOI 10: Complaint upheld Citations: [2019] UKICO fs50889250 Links: Bailii Jurisdiction: … Continue reading Civil Nuclear Constabulary (Police and Criminal Justice): ICO 16 Dec 2019
Citations: [2018] EWHC 690 (QB), [2018] 2 Costs LR 213 Links: Bailii Jurisdiction: England and Wales Costs Updated: 20 November 2022; Ref: scu.606873
Judges: Brooke LJ Citations: [2001] EWCA Civ 522 Links: Bailii Jurisdiction: England and Wales Employment Updated: 18 November 2022; Ref: scu.200959
Civil service – Members of the temporary staff – 2019 Appraisal exercise – Appraisal report – Pre-litigation procedure – Admissibility – Obligation to state reasons – Rights of the defence – Duty of care – Liability – Non-material damage Citations: T-298/20, [2022] EUECJ T-298/20 Links: Bailii Jurisdiction: European Employment Updated: 18 November 2022; Ref: scu.682383
The exemption from VAT for the making of credit arrangements extends to the surrounding activities; not just the making of arrangement. Citations: Times 10-Dec-1997, [1998] STC 111 Statutes: Value Added Tax Act 1983 Sch 6 Group 5 Jurisdiction: England and Wales Citing: Appeal from – Commissioners of Customs and Excise v Civil Service Motoring Association … Continue reading Commissioners of Customs and Excise v Civil Service Motoring Association: CA 10 Dec 1997
Employee who had consented to disciplinary process by contract could not sue for defamation for publication of details of accusation. Citations: Times 05-Feb-1998, [1998] EWCA Civ 94 Jurisdiction: England and Wales Citing: See Also – Friend v Civil Aviation Authority EAT 24-Jul-1995 . . Lists of cited by and citing cases may be incomplete. Defamation, … Continue reading Captain Friend v Civil Aviation Authority: CA 29 Jan 1998
The complainant has requested the Civil Aviation Authority (CAA) to disclose information relating to Eshott Flying School Ltd. The CAA refused to comply with the requests citing section 14(1) of the FOIA (vexatious requests). The Commissioner’s decision is the CAA is entitled to refuse to comply with the requests in accordance with section 14(1) of … Continue reading Civil Aviation Authority (Other): ICO 7 Sep 2021
Action for annulment – Civil service – Officials – Internal Competition COM/2/AD 12/18 (AD 12) – Submission of the application using the form provided for that purpose and referred to in Article 2 to Annex III of the Staff Regulations – Request to be admitted to the competition, lodged at the same time and on … Continue reading Tratkowski v Commission (Annulment – Civil Service – Order): ECFI 16 Oct 2020
HOUSING – CIVIL PENALTIES – whether converted office building a section 257 HMO or an ‘apart-hotel’ – non-compliance with improvement notices – breaches of HMO Licensing and Management Regulations – service of notices by email – reasonable excuse defence – maximum penalties imposed on corporate building owner and on director for multiple breaches – section … Continue reading Sutton and Another v Norwich City Council (Housing – Civil Penalties): UTLC 20 Mar 2020
EXCISE DUTY AND CUSTOMS DUTY – civil evasion penalties – s25 Finance Act 2003 and s8 Finance Act 1994 – late appeal admitted – hearing in absence of appellant – whether seeking to evade duty – yes – whether dishonest conduct – yes – whether allowances given to reduce penalties correct – yes – whether … Continue reading Jimcaale v Revenue and Customs (Excise Duty and Customs Duty – Civil Evasion Penalties): FTTTx 3 Feb 2020
EXCISE AND CUSTOMS DUTY – importation of tobacco products – appeal against penalties – s 25(1) of Finance Act 2003 and s 8(1) of Finance Act 1994 – whether dishonesty – yes – whether allowances given to reduce penalties correct – yes – whether amount of penalties correct – no – penalty amount amended – … Continue reading Ghazanafar v Revenue and Customs (Excise Duty Civil Penalty (See Also Excise Hydrocarbon Oil [Duty]) : Evasion): FTTTx 30 Oct 2019
The Union complained on the proposed transfer of dockyards as to the consultation offered. Held: The transferor of a business entity need only inform its employees of those measures which he actually envisages will be implemented. It is open to either employer to consult voluntarily. The legislative purpose of the provision of information is to … Continue reading Institute of Civil Servants v Secretary of State for Defence: 1987
Citations: [2003] EWHC 605 (TCC) Links: Bailii Jurisdiction: England and Wales Construction Updated: 09 November 2022; Ref: scu.186534
The court was asked whether the Civil Aviation [Authority] is entitled or empowered under the Air Navigation (No.2) Order 1995 to direct that the Cessna 208 operated by the [plaintiffs] may not fly at night with cargo for valuable consideration. Citations: [1997] EWCA Civ 2502 Jurisdiction: England and Wales Transport Updated: 09 November 2022; Ref: … Continue reading H5 Air Service Norway v Civil Aviation Authority: CA 16 Oct 1997
ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility Judges: V. Skouris, P Citations: C-581/10, [2012] EUECJ C-581/10 Links: Bailii Statutes: Regulation (EC) No 261/2004 Citing: Order – Nelson v … Continue reading Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012
Appeal – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Fixed-term contract – Decision not to renew – New decision adopted following an annulment by the General Court – Irregularities allegedly committed during the implementation of the General Court judgment Citations: ECLI:EU:C:2020:1048, C-601/19, [2020] EUECJ C-601/19P … Continue reading BP v FRA (Civil Service – Fixed-Term Contracts – Judgment): ECJ 17 Dec 2020
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 1(1) – Concept of ‘civil and commercial matters’ – Provisional, including protective, measures – Proceedings to lift an interim garnishee order – Action … Continue reading Supreme Site Services and Others ((Judicial Cooperation In Civil Matters – Disputes Concerning The Enforcement of Judgments – Opinion): ECJ 2 Apr 2020
Action for annulment – Civil service – Officials – Internal Competition COM/1/AD 10/18 (AD 10) – Submission of the application using the form provided for that purpose and referred to in Article 2 of Annex III to the Staff Regulations – Request to be admitted to the competition, lodged at the same time and on … Continue reading Valiante v Commission (Annulment – Civil Service – Order): ECFI 16 Oct 2020
Judicial cooperation in civil matters – Jurisdiction – State immunity from jurisdiction – Jurisdiction over individual contracts of employment – Dispute concerning the validity of the dismissal of the applicant who had been employed as a driver in a Member State by the embassy of a non-member country – Notion of agency, branch or other … Continue reading Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 24 May 2012
ECJ (Opinion) Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments – Regulation (EC) No 44/2001 – Action for infringement of a European patent – Special and exclusive jurisdiction – Article 6(1) – More than one defendant – Article 22(4) – Validity of patent called into question – Article 31 … Continue reading Solvay (Judicial Cooperation In Civil Matters): ECJ 29 Mar 2012
The court made orders for the orderly hearing of the cases which raised interdependent issues. Citations: [1996] EWCA Civ 1227 Jurisdiction: England and Wales Citing: See Also – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997 Three cases were brought against fire services after what were said to be negligent … Continue reading Church of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc: CA 17 Dec 1996
Judges: Staughton LJ, Millett LJ, Ward LJ Citations: [1996] EWCA Civ 1117 Jurisdiction: England and Wales Citing: See Also – Philcox v Civil Aviation Authority CA 8-Jun-1995 Civil Aviation Authority’s role is for the protection of the pubic generally, not to look after individuals. . . Lists of cited by and citing cases may be … Continue reading Philcox v Civil Aviation Authority: CA 5 Dec 1996
Evidence of fraud which had been obtained after summary judgment can support setting it aside. Citations: Times 13-Dec-1996, [1996] EWCA Civ 1044 Jurisdiction: England and Wales Litigation Practice Updated: 04 November 2022; Ref: scu.90688
Citations: [2001] EWCA Civ 1204, [2001] Emp LR 1141, [2002] ICR 525, [2001] IRLR 819, [2001] 4 All ER 385 Links: Bailii Jurisdiction: England and Wales Employment, Torts – Other Updated: 03 November 2022; Ref: scu.201235
Citations: C-514/10, [2012] EUECJ C-514/10, [2012] EUECJ C-514/10 Links: Bailii, Bailii European Updated: 03 November 2022; Ref: scu.460883
Civil service – Members of the temporary staff – Request for renewal of a contract for an indefinite period – Decision not to renew – Manifest error of assessment – Right to be heard – Article 26 of the Staff Regulations – Liability – Material damage – Non-material damage Citations: T-187/18, [2020] EUECJ T-187/18 Links: … Continue reading VP v Cedefop (Civil Service – Request for Renewal of A Contract for An Indefinite Period – Judgment): ECFI 16 Dec 2020
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no valid engineer’s decision within the time limit provided. Held: The court must avoid … Continue reading Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005
Supplementary judgment Judges: Sales J Citations: [2010] EWHC 1463 (Admin), [2011] 3 All ER 73 Links: Bailii Jurisdiction: England and Wales Employment Updated: 31 October 2022; Ref: scu.459750
ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) of the Rules of Procedure Citations: F-42/10, [2011] EUECJ F-42/10 Links: Bailii Cited by: Order – Skareby v Commission (Civil … Continue reading Skareby v Commission (Civil Service): ECJ 6 Apr 2011
The complainant has requested the Civil Aviation Authority (the CAA) to disclose all agreements entered into between the CAA and Freedom Travel and/or other entities in the Thomas Cook group in relation to the bonding of flight-inclusive packages sold by Members under Freedom Travel’s and all agreements entered into between the CAA and Hays Travel … Continue reading Civil Aviation Authority (Other): ICO 16 Aug 2021
CUSTOMS DUTY-Civil evasion penalty-Inaccuracies in customs declarations leading to an under-declaration of duty-Whether the Appellant’s conduct involved dishonesty (s 25 FA 2003) Citations: [2019] UKFTT 534 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 25 October 2022; Ref: scu.641307
The complainant has requested details of applications made to the Civil Aviation Authority (CAA) to fly unmanned aerial vehicles (UAV) beyond the visual line of sight. This is what is known as BVLOS applications. The complainant specifically requested the BVLOS applications from January 2019 to the date of their request. The CAA refused to provide … Continue reading Civil Aviation Authority (Other): ICO 2 Jun 2021
Civil service – Members of the temporary staff – Fixed-term contracts – Decision not to renew – Duty of care – Equal treatment – Manifest error of assessment – Misuse of powers – Right to be heard – Duty to state reasons – Liability Citations: T-25/19, [2020] EUECJ T-25/19, ECLI:EU:T:2020:536 Links: Bailii Jurisdiction: European Employment … Continue reading AD v ECHA (Civil Service – Fixed-Term Contracts – Judgment): ECFI 11 Nov 2020
EXCISE DUTY – Cigarettes brought to UK from Poland – Seized at UK airport – Subsequent assessment to excise duty and penalties – jurisdiction of Tribunal – ‘consumption’ and ‘proportionality’ issues – hardship – appeal dismissed Citations: [2019] UKFTT 173 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 23 October 2022; Ref: … Continue reading Michalska v Revenue and Customs (Excise Duty Civil Penalty): FTTTx 4 Mar 2019
Over 600 Iraqi civilians brought actions in tort allegaing abuse by British armed forces during the period when British forces were present in Iraq. Directions were now addressed for settement of limitation issues. Judges: Leggatt J Citations: [2014] EWHC 3686 (QB), [2014] WLR(D) 496 Links: Bailii, WLRD Jurisdiction: England and Wales Torts – Other, International, … Continue reading Iraqi Civilians v Ministry of Defence: QBD 7 Nov 2014
Citations: [1997] UKEAT 703 – 97 – 0810 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made … Continue reading London Fire Civil Defence Authority v Owusu: EAT 8 Oct 1997
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 25795/07, [2019] ECHR 873 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646748
Citations: C-194/16, [2017] EUECJ C-194/16, [2018] EMLR 8, [2018] 3 WLR 59, [2018] CEC 364, ECLI:EU:C:2017:766, [2017] ILPr 41, [2017] WLR(D) 665, [2018] QB 963 Links: Bailii, WLRD Jurisdiction: European Cited by: Cited – Wright v Granath QBD 16-Jan-2020 Defamation across borders – Jurisdiction The claimant began an action for defamation in an online publication. … Continue reading Bolagsupplysningen and Ilsjan (Area of Freedom, Security and Justice – Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judgment): ECJ 17 Oct 2017
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 – Scope of those regulations – Bankruptcy of a bailiff – Action brought by the liquidator in charge of administering and liquidating … Continue reading NK (Judicial Cooperation In Civil Matters – Bankruptcy of A Bailiff – Judgment): ECJ 6 Feb 2019
This appeal raises important issues concerning Legal Advice Privilege, notably: i) whether, for a communication to fall within the scope of that privilege, it must have had the dominant purpose of seeking or giving legal advice; and ii) in the light of the answer to (i), the proper approach to determining the privileged status of … Continue reading The Civil Aviation Authority v Jet2Com Ltd, Regina (on The Application of): CA 28 Jan 2020
Civil service – Officials – Appraisal report – 2019 appraisal procedure – Obligation to state reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Liability Citations: T-179/21, [2022] EUECJ T-179/21 Links: Bailii Jurisdiction: European Employment Updated: 08 October 2022; Ref: scu.681066
Citations: C-213/10, [2012] EUECJ C-213/10 Links: Bailii European Updated: 07 October 2022; Ref: scu.453045
Judges: The Hon Mr Justice Turner Citations: [2019] EWHC 3088 (QB) Links: Bailii Jurisdiction: England and Wales Human Rights, Armed Forces Updated: 04 October 2022; Ref: scu.645961
The legislative purpose of the provision of information as to a proposed transfer of an undertaking is to facilitate proper and effective consultation, though the transferor need only inform of those measures which he actually envisages will be implemented. Millett J said: ‘The consultations referred to in the opening words of subsection (6) are voluntary … Continue reading Institute of Professional Civil Servants (IPCS) v Secretary of State for Defence: ChD 1987
Enforcement of four adjudicators’ decisions relating to three different construction contracts Judges: Mr Adam Constable QC Citations: [2019] EWHC 2601 (TCC) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 22 September 2022; Ref: scu.645922
Application for judicial review of a decision by the Defendant whereby he introduced a scheme under section 1 of the 1972 Act amending the Civil Service Compensation Scheme (‘CSCS’), and thereby reducing the benefits paid to scheme members on redundancy and early retirement. Judges: McCombe J Citations: [2011] EWHC 2041 (Admin) Links: Bailii Statutes: Superannuation … Continue reading Public and Commercial Services Union and Others v The Minister for The Civil Service: Admn 10 Aug 2011
FTTTx Aggregates levy; Finance Acts 2001; exempt process (s.18 FA 2001 as amended); meanings of ‘rock’ and ‘stone’; what constitutes a ‘flat surface’; exempt process; stone blocks used held not liable to the levy. Citations: [2011] UKFTT 206 (TC) Links: Bailii Jurisdiction: England and Wales Taxes – Other Updated: 17 September 2022; Ref: scu.442930
Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Duty to have regard for the welfare of officials – Principle of good administration – Right to be heard – Obligation to state reasons – Reasonable time – Psychological harassment – Principle of legal certainty – Material and … Continue reading WT v Commission (Civil Service – Officials – Disciplinary Proceedings – Judgment): ECFI 7 Sep 2022
EAT Contract of Employment – Breach of Contract Judges: The Honourable Mr Justice Morison (P) Citations: EAT/141/99, [1999] UKEAT 141 – 99 – 2911, [2000] ICR 215 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Costain Building and Civil Engineering v Smith and Another EAT 5-May-1999 This case raises a question as to … Continue reading Costain Building and Civil Engineering Ltd v Smith, Chanton Group Plc: EAT 29 Nov 1999
The applicant sought to have overturned an injunction made in children proceedings for the discharge of an injunction preventing publication of matters relating to a child application from 1994. The court replied that the injunction stood discharged, and therefore declined to issue the proceedings. Dr Pelling sought judicial review of that refusal. The court said … Continue reading Pelling v Head of Civil Appeals: CA 9 May 2006
Citations: [2016] ScotIC 041 – 2016 Links: Bailii Jurisdiction: Scotland Information Updated: 31 August 2022; Ref: scu.560680
Judges: Mr Justice Fraser Citations: [2021] EWHC 590 (TCC), 195 Con LR 1, [2021] PNLR 19, [2021] TCLR 4, [2021] BLR 391 Links: Bailii Jurisdiction: England and Wales Construction Updated: 28 August 2022; Ref: scu.663147
Application for disclosure of documents Citations: [2018] EWHC 3364 (Admin) Links: Bailii Jurisdiction: England and Wales Transport, Litigation Practice Updated: 23 August 2022; Ref: scu.631218
British Guiana Citations: [1868] UKPC 18 Links: Bailii Jurisdiction: Commonwealth Commonwealth Updated: 21 August 2022; Ref: scu.420375
The Union challenged by way of judicial review proposed changes to the Civil Service Compensation Scheme, saying that it removed accrued rights. Held: The benefits under the scheme were fully legal entitlements and were protected. They were an established and declared administrative practice. An amendment could only be made with the consent of the Union, … Continue reading Public and Commercial Services Union, Regina (on The Application of) v Minister for The Civil Service: Admn 10 May 2010
Citations: [2005] EWHC 201 (QB) Links: Bailii Jurisdiction: England and Wales Torts – Other, Employment Updated: 16 August 2022; Ref: scu.223860
The claimant appealed against rejection of its challenge to the respondent’s decision on charging structures for the use by airline of Gatwick airport, and in particular the alleged lack of adequate consultation by the respondent. After its own stated deadline for accepting representations from any party had passed, the defendant obtained and took into account … Continue reading Easyjet Airline Co Ltd, Regina (on The Application of) v Civil Aviation Authority: CA 15 Dec 2009
Citations: [2014] NIIT 166 – 13IT Links: Bailii Jurisdiction: Northern Ireland Employment Updated: 07 August 2022; Ref: scu.522884
Citations: [2011] ScotCS CSOH – 127 Links: Bailii Statutes: Civil Jurisdiction and Judgments Act 1982 27 Jurisdiction: Scotland Jurisdiction Updated: 07 August 2022; Ref: scu.442463
The complainant requested access to the registration details of five aircraft impounded on the night of 21 December 1988, the names of the airlines involved, the reason for the grounding of these aircrafts and the authority that implemented the action. The CAA informed the complainant that they did not hold this information but the complainant … Continue reading Civil Aviation Authority (Decision Notice): ICO 14 Feb 2006
ICO The complainant has requested information from the Civil Service Commissioner (CSC) which shows that Her Majesty’s Revenue and Customs (HMRC) was authorised to use public funds to charge and convict a former employee with having extreme political views. The Information Commissioner’s (the Commissioner) decision is that CSC does not hold any recorded information within … Continue reading Civil Service Commission (Decision Notice) FS50449989: ICO 7 Nov 2012
ICO The complainant holds a private pilot’s licence. The CAA was informed by a third party (the informant) that the complainant was ill and therefore expressed concern about his fitness to fly. The complainant requested copies of all the relevant correspondence held by the CAA and specifically asked for the name and address of the … Continue reading Civil Aviation Authority (Decision Notice): ICO 18 Oct 2005
FTTTx ZERO-RATING – whether grants of leases of parking spaces were sufficiently closely linked with grants of leases of residential apartments – single economic transaction – no Citations: [2009] UKFTT 102 (TC), [2009] STI 2612, [2009] SFTD 233 Links: Bailii Jurisdiction: England and Wales VAT Updated: 03 August 2022; Ref: scu.373637
ECHR Judgment : No Article 11 – Freedom of assembly and association : Third Section Citations: 815/18, [2022] ECHR 543 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.678986
FENI The decision of the tribunal is that the claimant was not discriminated against by the respondents on grounds of sex or religious belief and her claims are dismissed. Citations: [2009] NIFET 14 – 08FET Links: Bailii Northern Ireland, Discrimination Updated: 30 July 2022; Ref: scu.373484
Excise duty and customs duty – civil evasion penalties – section 8 of the Finance Act 1994 and section 25 of the Finance Act 2003 – whether conduct involving dishonesty – appeal dismissed – penalties upheld Citations: [2016] UKFTT 524 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 26 July 2022; Ref: … Continue reading Osman v Revenue and Customs (Excise Duty Civil Penalty (See Also Excise Hydrocarbon Oil [Duty]) : Assessment): FTTTx 29 Jul 2016
Citations: [2009] ScotCS CSIH – 47 Links: Bailii Jurisdiction: Scotland Scotland Updated: 26 July 2022; Ref: scu.346928
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in Britain. Held: No legitimate expectation had been created and relied upon. The parliamentary … Continue reading The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003
Citations: [2009] ScotCS CSOH – 19 Links: Bailii Jurisdiction: Scotland Jurisdiction Updated: 23 July 2022; Ref: scu.291790
Citations: [1993] UKEAT 318 – 92 – 1501 Links: Bailii Jurisdiction: England and Wales Employment Updated: 21 July 2022; Ref: scu.210427
Judges: Thornton QC HHJ Citations: [2010] EWHC 2237 (TCC) Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 1(1) Jurisdiction: England and Wales Damages Updated: 19 July 2022; Ref: scu.393350
Issues as to jurisdiction of arbitrator in construction dispute. Judges: Akenhead J Citations: [2008] EWHC 2082 (TCC) Links: Bailii Jurisdiction: England and Wales Construction Updated: 19 July 2022; Ref: scu.276492
Citations: [2006] EWHC 13 (Admin) Links: Bailii Statutes:
Challenge of a decision by the Civil Aviation Authority, the statutory regulator of UK airspace, to permit the introduction of air traffic controls in airspace around Farnborough Airport, which is presently largely uncontrolled. Judges: The Hon. Mrs Justice Thornton Citations: [2019] EWHC 2118 (Admin) Links: Bailii Jurisdiction: England and Wales Transport Updated: 18 July 2022; … Continue reading Lasham Gliding Society Ltd, Regina (on The Application of) v Civil Aviation Authority: Admn 31 Jul 2019
Second challenge to the 2016 Act seeking a declaration of incompatibility of ‘bulk’ powers. Citations: [2019] EWHC 2057 (Admin) Links: Bailii Statutes: Investigatory Powers Act 2016 Jurisdiction: England and Wales Police, Human Rights Updated: 18 July 2022; Ref: scu.640133
Judges: Akenhead J Citations: [2009] EWHC 3418 (TCC) Links: Bailii Jurisdiction: England and Wales Contract Updated: 18 July 2022; Ref: scu.393358
Citations: [2018] EWHC 3253 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 14 July 2022; Ref: scu.630760
Citations: [2019] UKICO fs50787970 Links: Bailii Jurisdiction: England and Wales Information Updated: 11 July 2022; Ref: scu.638739
Citations: [1977] UKEAT 1 – 77 – 1507 Links: Bailii Employment Updated: 09 July 2022; Ref: scu.248973
Judges: Lord Justice Singh And Mr Justice Holgate Citations: [2022] EWHC 1630 (Admin) Links: Bailii Statutes: Investigatory Powers Act 2016 Jurisdiction: England and Wales Police, European Updated: 09 July 2022; Ref: scu.678681
Citations: [2006] EWCA Civ 1356 Links: Bailii Statutes:
EXCISE DUTY – wrongdoing penalty (para 4 Sch 41 FA 2008) – whether conduct deliberate Citations: [2018] UKFTT 490 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 07 July 2022; Ref: scu.632244
The complainant requested copies of Mandatory Occurrence Reports (MOR) by XL Airways in the 12 months before they went out of business. The Public Authority relied on section 44 of the Freedom of Information Act 2000 (FOIA) to withhold the information. The Public Authority cited section 23 of the Civil Aviation Act 1982 as the … Continue reading Civil Aviation Authority (Decision Notice): ICO 28 Oct 2009
Upheld on Appeal. Citations: [1983] ICR 428 Jurisdiction: England and Wales Citing: Appeal from – Perera v Civil Service Commission (No 2) EAT 1982 The tribunal considered the method of selection of the pool on a claim for indirect discrimination. In this case the claimant alleged that an age test applied on his application would … Continue reading Perera v Civil Service Commission (No 2): CA 1983
