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
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
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
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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
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
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
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 – 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
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
