Judges: Lord Keith Citations: [1975] ScotCS CSOH – 3, 1975 SLT 134, 1975 SC 136, [1975] 1 CMLR 563 Links: Bailii Statutes: European Communities Act 1972 2(1) Jurisdiction: Scotland Cited by: Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019 (First Division, Inner House) The reclaimer … Continue reading Gibson v Lord Advocate: SCS 7 Mar 1975
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government. Held: The Secretary of State was responsible for the lawfulness of his own reasons, but not in effect … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: CA 29 Oct 2013
The claimant company set out to sell land whilst it was still only in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent had not known of the non-incorporation of the company. The claimant later rescinded the contract, and forfeited … Continue reading Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site offices ran out without being used, D began to demolish the properties which were not listed and not in … Continue reading Cambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd: 1992
The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by Parliament, and would transfer the Royal Prerogative power to enter into treaties without parliamentary approval. … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993
