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Nurse v Morganite Crucible Ltd: HL 1989

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

A E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc: CA 10 Jan 2001

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

Waters and others v Welsh Development Agency: HL 29 Apr 2004

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

McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014

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

Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Morrison Sports Ltd and Others v Scottish Power: SC 28 Jul 2010

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

Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955

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

Welford and others v EDF Energy Networks (LPN) Ltd: CA 3 Apr 2007

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

Robb v Salamis (M and I) Ltd: HL 13 Dec 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

Coventry and Solihull Waste Disposal Company Ltd v Russell: HL 25 Nov 1999

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

Legal Services Commission v Rasool: CA 5 Mar 2008

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

Legal Services Commission v Henthorn: CA 30 Nov 2011

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

Legal Services Commission v Henthorn: QBD 4 Feb 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

Newbury District Council v Secretary of State for the Environment: HL 1980

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

Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 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

Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

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

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(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

Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002

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

The John Muir Trust, Re Judicial Review: SCS 4 Dec 2015

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

Potter v Potter: FdNI 5 Feb 2003

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

Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review: SCS 9 Jul 2014

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

Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003

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

Trump International Gold Club Scotland Ltd and Another v The Scottish Ministers and Another: SCS 11 Feb 2014

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

Sustainable Shetland v The Scottish Ministers and Another: SCS 3 Dec 2013

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

Sustainable Shetland, Re Judicial Review: SCS 24 Sep 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

Sustainable Shetland v The Scottish Ministers and Another (Scotland): SC 9 Feb 2015

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

Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

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

law index

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