The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately. Held: … Continue reading Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. Citations: Times 26-Oct-1995, Independent 20-Oct-1995 Statutes: Electricity Act 1989, Maastricht Treaty Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: CA 20 Oct 1995
Application for directions by the officeholders (in five cases joint administrators, and in the other five cases, joint liquidators) of companies that were formerly licensed under the Electricity Act 1989 (‘EA 1989’) and the Gas Act 1986 (‘GA 1986’) to supply electricity and gas to domestic customers in the UK. Judges: Mr Justice Zacaroli Citations: … Continue reading Croxen and Others v Gas and Electricity Markets Authority and Others: ChD 11 Nov 2022
The landowner sought compensation under the 1989 Act after being required to grant a wayleave to the defendants. The court was asked whether a claim could properly include compensation for loss of profits or whether such damages would be too remote. Held: Where the compensation already included a sum for the diminution in value of … Continue reading Welford and others v EDF Energy Networks (LPN) Ltd: CA 3 Apr 2007
Judges: Lord Dyson MR, Briggs LJ, Sir Stanley Burnton Citations: [2014] EWCA Civ 216, [2014] 1 Ch 385, [2014] WLR(D) 108, [2014] RVR 247, [2014] 1 CH 385, [2014] 3 All ER 626, [2014] 2 WLR 1055 Links: Bailii, WLRD Statutes: Electricity Act 1989 Jurisdiction: England and Wales Utilities, Land Updated: 19 September 2022; Ref: … Continue reading National Grid Electricity Transmission Plc v Arnold White Estates Ltd: CA 3 Mar 2014
An electricity company which also operated also as a water supplier did not have the power to issue coin operated meters which were capable of metering and charging for both electricity and water supplies. The words allowing the company to install such meters were quite restrictive. Judges: The Honourable Mrs Justice Arden Citations: Times 28-Oct-1999, … Continue reading South Wales Electricity Plc v The Director General of Electricity Supply: ChD 22 Oct 1999
The House considered what was meant by the term ‘process’ in the Act and the Regulations. The point of law certified was ‘Whether for the purposes of the Factories Act 1961 and Regulations thereunder ‘process’ carried on in a factory means a manufacturing process or other continuous and regular activity carried on as a normal … Continue reading Nurse v Morganite Crucible Ltd: HL 1989
COMPENSATION – electricity – underground cables – land with planning permission for waste transfer station – statutory wayleaves for retention – preliminary issues – injurious affection – valuation method – quantum – disturbance claim for loss of profits – entitlement to this – factual basis for determination of claim – mitigation of loss – Electricity … Continue reading Welford and others v EDF Energy Networks (LPN) Plc: LT 10 Mar 2006
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
The defendant had in 1993 obtained legal aid. Work was done but the certificate was then revoked. The Commission sought repayment of the sums paid on account to his solicitors. He replied that the claim was out of time. The Commission argued that time did not run until the sum was fixed. Held: The Commission’s … Continue reading Legal Services Commission v Rasool: CA 5 Mar 2008
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment. Held: The appeal succeeded. In general, time would run from the earlier date: ‘Save where it is the … Continue reading Legal Services Commission v Henthorn: CA 30 Nov 2011
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011
The claimants alleged that they had suffered loss as a result of the defendants’ breach of regulation 25(1) of the 1988 Regulations. Held: The statutory power of an electricity supplier, to exclude by contract his own liability for consequential losses, arising from a failure in supply, was restricted to losses flowing from power interruptions, and … Continue reading A E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc: CA 10 Jan 2001
The petitioner golf course objected to the consent to an offshore windfarm. Judges: Lord President Citations: [2015] ScotCS CSIH – 46 Links: Bailii Jurisdiction: Scotland Citing: At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 17-Oct-2013 Outer House – Court of Session – This petition … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers: SCS 5 Jun 2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
There was no time limit on the age of a dispute for the Director General to take on the resolution of the dispute. Citations: Times 21-Feb-1995 Statutes: Electricity Act 1989 Judicial Review, Utilities Updated: 09 April 2022; Ref: scu.86540
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. Judges: Ouseley J Citations: [2017] EWHC 1175 (Admin) Links: Bailii Statutes: Electricity Act 1989 20 Jurisdiction: … Continue reading UK Power Networks (Operations) Ltd, Regina (on The Application of) The Gas and Electricity Markets Authority and Others: Admn 23 May 2017
PARK HOMES – ELECTRICITY CHARGES – written statement requiring occupiers to pay for electricity supplied by park owner – no term fixing price of supply – disagreement over price – maximum resale price – whether charge to include contribution to climate change levy – section 4, Mobile Homes Act 1983 – section 44, Electricity Act … Continue reading King and Others v Residential Marine Ltd (Park Homes – Electricity Charges): UTLC 21 Dec 2021
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal planning application, no determination had been made. Held: The procedure of making a determination had important consequences. … Continue reading Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002
Judicial Review of a Decision of the Scottish Ministers dated 6th June, 2014 to grant consent under Section 36 of the Electricity Act 1989 to Scottish and Southern Energy Renewables for the erection of 67 wind turbines at Stronelairg, Garrogie Estate, Whitebridge, Fort Augustus together with deemed planning permission under Section 57(2) of the Town … Continue reading The John Muir Trust, Re Judicial Review: SCS 4 Dec 2015
The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was known to him and was ‘with it’. Evidence from a member of staff at the solicitor’s office supported the doctor’s description. Held: There was no evidence of undue influence, and the testator was of … Continue reading Potter v Potter: FdNI 5 Feb 2003
The claimant was severely injured when electrocuted by an overhead cable at work. He was on a platform raised by an associate. Held: the system of work did give rise to danger. Because of the failure to provide Mr Milroy with proper training or other satisfactory notification of the appropriate system, BT created and are … Continue reading Milroy v British Telecommunications Plc: QBD 5 Mar 2015
Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel. Lord Brodie [2014] ScotCS CSIH – 60, 2014 SLT 806, 2015 SC 59, 2014 GWD 24-464, 2015 SCLR 131 Bailii Electricity … Continue reading Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review: SCS 9 Jul 2014
The landowner objected to the proposal of the second respondent to grant, in favour of the first respondent, a wayleave to lay cables through tunnels owned by the claimant landowner. Held: The tunnel structure was properly seen as land within the Act, and the way-leaves were properly granted. The argument that the meaning of the … Continue reading British Waterways Board v London Power Networks Plc, Secretary of State for Trade and Industry: ChD 15 Nov 2002
Powergen sold a property to Edison. Powergen had paid rates under a separate statutory rating regime, and paid an additional thirteen million pounds under an apportionment. Edison later complained that in being rated itself, the authorities had collected rates twice for the same property. It challenged the legality of the order under which the rates … Continue reading Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003
Outer House Lord Doherty [2014] ScotCS CSOH – 22, 2014 SLT 406, 2014 GWD 8-154, [2014] CSOH 22 Bailii Citing: At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 17-Oct-2013 Outer House – Court of Session – This petition for judicial review challenged the decisions … Continue reading Trump International Gold Club Scotland Ltd and Another v The Scottish Ministers and Another: SCS 11 Feb 2014
Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland. Lord Carloway [2013] ScotCS CSIH – 116 Bailii Electricity Act 1989 36, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 Scotland Citing: At Outer House – Sustainable Shetland, Re Judicial Review SCS 24-Sep-2013 Outer … Continue reading Sustainable Shetland v The Scottish Ministers and Another: SCS 3 Dec 2013
Outer House – Court of Session – This petition for judicial review challenged the decisions of the Scottish Ministers (a) not to hold a public inquiry, and (b) to grant consent under section 36 of the Electricity Act 1989 for the construction and operation of a deployment centre for testing eleven offshore wind turbines, with … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another: SCS 17 Oct 2013
Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. Lady Clark of Calton [2013] ScotCS CSOH – 158 Bailii Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) … Continue reading Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013
Wind Farm Permission Took Proper Account Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird. Held: The appeal failed. It was clear that the Ministers had properly … Continue reading Sustainable Shetland v The Scottish Ministers and Another (Scotland): SC 9 Feb 2015
The court considered a request that one of the three judges (Sedley LJ) recuse himself on the grounds of apparent bias. It was a case claiming damages for personal injury in the form of hearing losses incurred at work. Sedley LJ was Hon President of the British Tinnitus Association (BTA). He had declared this and … Continue reading Baker v Quantum Clothing Group and Others: CA 5 Jun 2009
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
Can a recreational purpose underlie an easement The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but the same rights by way of easements over the communal grounds and … Continue reading Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another: CA 4 Apr 2017
Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 … Continue reading McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced and the new regime had a different wording which the court had found … Continue reading Morrison Sports Ltd and Others v Scottish Power: SC 28 Jul 2010
UTLC COMPENSATION – electricity – grant of necessary wayleave under Schedule 4 of Electricity Act 1989 – overhead line – injurious affection – whether section 44 of the Land Compensation Act 1973 applies – application of the principle of equivalence Sir Keith Lindblom, P, AJ Trott FRICS [2013] UKUT 214 (LC) Bailii Land Compensation Act … Continue reading Stynes v Western Power (East Midlands) Plc: UTLC 19 Jul 2013
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008
UTLC COMPENSATION – electricity – wayleave – overhead line across housing development site – contract for sale of corridor of land containing line entered into in advance of grant of wayleave – contract . .
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Challenge to deemed grant of planning permission for wind farm. . .
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Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32. The Respondent Company carried on an … Continue reading Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955
Electricity supply company had power to disconnect customers supply where unlawful abstraction of electricity shown. Citations: Times 06-Mar-1998 Statutes: Electricity Act 1989 Jurisdiction: England and Wales Consumer Updated: 21 October 2022; Ref: scu.87996
Where an electricity supplier operated a waste plant to generate electricity, but still, the predominant use of the plant was for waste disposal, the rates were not to be calculated under the industry’s own special rules, but under those for the general rating of business premises. An explanatory note may be referred to as an … Continue reading Coventry and Solihull Waste Disposal Company Ltd v Russell: HL 25 Nov 1999
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
The Secretary of State does not have power to award costs after a wayleave hearing. Citations: Times 27-Dec-1995 Statutes: Electricity Act 1989 37 Costs Updated: 09 April 2022; Ref: scu.86530
A claim was brought by a party against counsel for his opponent who had gone beyond his authority in giving an undertaking for his client. Held: The claim had no prospect of success, and had been struck out correctly. Counsel offering to the court an undertaking on behalf of his client had no duty of … Continue reading Connolly-Martin v Davis: CA 27 May 1999
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
