When a notice has been issued by the Forestry Commission under section 24 of the Forestry Act 1967 for a breach of restocking conditions on a felling licence which has been relied upon as authorising the felling of trees on a site, what is the effect on that notice if planning permission is subsequently granted … Continue reading Arnold White Estates Ltd v The Forestry Commission: CA 6 Oct 2022
A notice of assessment to a levy which was served by the appellant Board failed to provide an address for service of a notice of appeal as required. Held: The decision notice was invalidated by the omission. Citations: [1970] 2 QB 19 Statutes: Industrial Training Levy (Agricultural, Horticultural and Forestry) Order 1967 4(3), Industrial Training … Continue reading Agricultural, Horticultural and Forestry Industry Training Board v Kent: CA 1970
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
The defendant appealed by way of case stated against his conviction for having felled more than five cubic metres of wood without a licence. He argued that the summons had been issued out of time. Held: The request to state a case failed. Judges: Ouseley, Underhill JJ Citations: [2008] EWHC 1150 (Admin) Links: Bailii Statutes: … Continue reading Rockall v Department for Environment, Food and Rural Affairs: Admn 9 May 2008
The defendant appealed his conviction for providing immigration services when not qualified to do so. Citations: [2008] EWCA Crim 651 Links: Bailii Statutes: Immigration and Asylum Act 1999 91 Jurisdiction: England and Wales Citing: Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935 Golden Thread of British Justice – Proof of IntentThe appellant had … Continue reading Clarke v Regina: CACD 23 Apr 2008
The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun. Held: There was no justification for reading the wording of the two Acts differently despite the extended time limit allowed by the 1967 Act. The time … Continue reading Rockall v Department for Environment, Food and Rural Affairs: Admn 22 Mar 2007
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
The defendant had been convicted of felling trees without a licence. He claimed to have received assurances from the Forestry Commission that he would not be prosecuted. He said the prosecution was an abuse of process. The magistrates held that their jurisdiction on abuse was limited to the fairness of the procedures within the court. … Continue reading Regina v Aylesbury Justices ex parte Kitching and GBS Estates Limited: Admn 9 May 1997
On a charge of selling intoxicating liquor without a justices’ licence, it is not for the prosecutor to prove that the defendant had no licence but for the defendant to prove that he had. The burden of establishing a statutory exemption by way of a defence lays on the defendant. The court considered the narrow … Continue reading Regina v Edwards: 1975
The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State’s reaction to the judges comments at … Continue reading Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999
