Search Results for: Control of Pollution Act 1974 22

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Skipaway Ltd v The Environment Agency: Admn 5 May 2006

The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by neighbouring farmers and was to be stored properly during the working day. Held: … Continue reading Skipaway Ltd v The Environment Agency: Admn 5 May 2006

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

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

Lloyds Bank plc v Guardian Assurance plc: CA 1986

The statutory control over building works provided under s.60 is capable of operating quite separately from the private law tort of nuisance. Judges: Sir John Arnold P and Nourse LJ Citations: [1986] 35 BLR 34 Statutes: Control of Pollution Act 1974 60 Jurisdiction: England and Wales Cited by: Cited – Hiscox Syndicates Ltd and Another … Continue reading Lloyds Bank plc v Guardian Assurance plc: CA 1986

City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988

An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the notice. A number of informations were laid against Bovis but they were adjourned and the injunction … Continue reading City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988

Sefton Metropolitan Borough Council (Decision Notice): ICO 27 Sep 2012

The complainant requested information concerning any entry under the Control of Pollution Act 1974 and the Environmental Protection Act 1990 for a specified location. Sefton Council (the Council) charged a fee to respond to the complainant’s request. The Commissioner’s decision is that the Council breached the EIR in this case in that it levied a … Continue reading Sefton Metropolitan Borough Council (Decision Notice): ICO 27 Sep 2012

Welsh Water Authority v Williams Motors (Cwmdu) Ltd: QBD 1 Dec 1988

Oil was supplied to Williams Motors by Autobrec Oils and there was spillage from an offset fuel pipe out of sight of the delivery driver. Some of the spilt oil got into the storm drainage, and thus into a canal. Williams Motors were charged under section 32(1)(a) with causing or knowingly permitting the discharge into … Continue reading Welsh Water Authority v Williams Motors (Cwmdu) Ltd: QBD 1 Dec 1988

Aitken v South Hams District Council: HL 8 Jul 1994

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

A Lambert Flat Management Ltd v Lomas: 1981

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

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others: ChD 25 Jan 2008

The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land. Held: The injunction should be granted. It was a matter of fact and degree as to whether all proper and reasonable steps were … Continue reading Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others: ChD 25 Jan 2008

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

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004