Search Results for: Land

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Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995

The deceased had owned a site of 2.5 acres on which were built a large farmhouse, and other outbuildings. Held: The court identified the identify the three separate dimensions to the definition of agricultural property under the Act. The phrase ‘agricultural land’ in section 115(2) did not include buildings, and so the site could not … Continue reading Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995

Midland Bank Plc v Kidwai and Another: CA 5 Jun 1995

A bank was not under a full duty to advise a wife of a business client of the risks of signing a charge. The bank was not giving independent advice. Citations: Ind Summary 05-Jun-1995, [1995] 4 Bank LR 303 Jurisdiction: England and Wales Cited by: Cited – Barclay’s Bank Plc v Varenka Goff CA 3-May-2001 … Continue reading Midland Bank Plc v Kidwai and Another: CA 5 Jun 1995

West Midlands Ambulance Service (Health (Other)): ICO 5 Oct 2017

The complainant has requested information about 999 calls where technician or emergency care assistant-only teams were the first or only responders, for particular years. West Midlands Ambulance Service (WMAS) released some information and withheld some under section 22 of the FOIA (information intended for future publication) and section 22A (research). The Commissioner’s decision is that, … Continue reading West Midlands Ambulance Service (Health (Other)): ICO 5 Oct 2017

Education Authority Northern Ireland (Education): ICO 8 Mar 2022

The complainant requested from the Education Authority Northern Ireland a copy of an investigation report in respect of an alleged injury to a child at a specified school on a specified date. The Education Authority Northern Ireland refused to confirm or deny whether it held the requested information under section 40(5) FOIA. The Commissioner’s decision … Continue reading Education Authority Northern Ireland (Education): ICO 8 Mar 2022

Doe v Revenue and Customs (Stamp Duty Land Tax – Transaction Involving Multiple Dwellings): FTTTx 25 Jan 2021

STAMP DUTY LAND TAX – transaction involving multiple dwellings – purchase of property with main house and an annexe – was enquiry validly opened by HMRC? – yes – did main house and annexe each count as a dwelling? – were main house and annexe both suitable for use as a single dwelling? – no … Continue reading Doe v Revenue and Customs (Stamp Duty Land Tax – Transaction Involving Multiple Dwellings): FTTTx 25 Jan 2021

Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

Abbots Ride Land Ltd v Surrey County Council and Another: QBD 27 Nov 2019

Appeal against a judgment refusing to grant the Appellant a declaration that a length of grass verge adjoining a lane in Farnham, Surrey is not a highway or part of a highway subject to public rights of way. Judges: Andrews DBE J Citations: [2019] EWHC 3560 (QB) Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Abbots Ride Land Ltd v Surrey County Council and Another: QBD 27 Nov 2019

Green v Broadcasting Corporation of New Zealand: 22 Sep 1988

(Court of Appeal of New Zealand) The plaintiff had created a hugely sucessful TV programme in the UK, called Opportunity Knocks. He now appealed against rejection of his claim in copyright alleging that the defendant had copied the format, and also in passing off. Held: Courts have a discretion whether or not to order a … Continue reading Green v Broadcasting Corporation of New Zealand: 22 Sep 1988

Leadbetter, Executrix v Markland, Administratrix: 1746

Attachment of privilege, though informal, being returnable on a general return, is a sufficient commencement of an action to avoid the Statute of Limitation. Citations: [1746] EngR 310, (1746-1779) 2 Black W 1131, (1746) 96 ER 667 Links: Commonlii Jurisdiction: England and Wales Limitation Updated: 31 December 2022; Ref: scu.380698

Northern Ireland Certification Officer for Trade Unions and Employers Associations v Cunningham and others: CANI 10 Jan 2008

Question as to the proper interpretation and effect of provisions of the Industrial Relations (Northern Ireland) Order 1992 (‘the 1992 Order’). The two questions posed by the deputy resident magistrate are as follows: ‘(1) Was I correct in holding, on the facts admitted, proved and found by me, that the Northern Ireland Hotels federation was … Continue reading Northern Ireland Certification Officer for Trade Unions and Employers Associations v Cunningham and others: CANI 10 Jan 2008

Eshraghi and Others v 7/9 Avenue Road (London House) Ltd (Landlord and Tenant – Service Charges): UTLC 2 Jul 2020

LANDLORD AND TENANT – SERVICE CHARGES – jurisdiction of FTT to consider payability of sums drawn from reserve account – whether justiciable only in court proceedings because involving an allegation of breach of trust – recoverability of costs incurred in proceedings over control of corporate landlord and in disputes between landlord and individual leaseholders – … Continue reading Eshraghi and Others v 7/9 Avenue Road (London House) Ltd (Landlord and Tenant – Service Charges): UTLC 2 Jul 2020

CBD Scotland (Trade Mark: Opposition): IPO 17 Oct 2018

Section 5(4) Earlier Rights – Passing off (Issues arising from Registry proceedings) Section 5(4) Earlier Rights – Relevant date Section 5(4) Earlier Rights – Standard of proof (evidential issues) Section 5(4) Earlier Rights – Trivial v minimal goodwill Citations: [2018] UKIntelP o65918 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 20 December 2022; Ref: … Continue reading CBD Scotland (Trade Mark: Opposition): IPO 17 Oct 2018

Walton v Commissioners of Inland Revenue: CA 30 Nov 1995

The court considered the valuation of a farm for Capital Transfer Tax purposes Judges: Evans, Peter Gibson, Henry LJJ Citations: [1995] EWCA Civ 61, [1996] RVR 55, [1996] 1 EGLR 159, [1996] STC 68, [1996] 21 EG 144, [1996] 21 EG 144 Links: Bailii Statutes: Finance Act 1975 22(1) 23 Jurisdiction: England and Wales Inheritance … Continue reading Walton v Commissioners of Inland Revenue: CA 30 Nov 1995

Police Federation of England and Wales and Others, Regina (On the Application of) v the Secretary for the Home Department and Another: Admn 17 Mar 2009

The Claimants are challenging the decision of the Home Secretary to introduce new tables of lump sum commutation factors, for the purposes of Regulation B7(7) of the Police Pensions Regulations 1987 Judges: Cox DBE J Citations: [2009] EWHC 488 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 20 December 2022; Ref: scu.346915

Lord Chancellor, Regina (on the Application Of) v Chief Land Registrar: Admn 15 Jul 2005

Responsibility for magistrates courts had been transferred to the claimant, who in turn asserted that the leasehold assets of the magistrates courts be re-let in standard form in its name. The Registrar indicated his doubt that the Act could create new leases, or that they would be registered. There were particular difficulties with the creation … Continue reading Lord Chancellor, Regina (on the Application Of) v Chief Land Registrar: Admn 15 Jul 2005

West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

An agreement giving to a ‘sole judge’ the power to make a final decision was effective, and there was no appeal from his decision. The defendant’s decision in his capacity as Convention administrator was as a final arbiter and was unreviewable. Held: The appeal was allowed. The agreement was unusual, but the decisions was final … Continue reading West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

Northern Ireland Co-Operation Overseas (Central Government): ICO 10 Oct 2019

The complainant has requested information from Northern Ireland Co-Operation Overseas (‘NI-CO’) relating to training materials for a certain project. NI-CO refused the request, citing the exemptions set out in sections 27(1) and 43(2) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that NI-CO has correctly applied section 43(2) of the FOIA … Continue reading Northern Ireland Co-Operation Overseas (Central Government): ICO 10 Oct 2019

General Teaching Council Northern Ireland (Education): ICO 23 Nov 2021

In a multi-part request, the complainant requested information from the General Teaching Council Northern Ireland (GTCNI) relating to its Publication Scheme, meetings, minutes of meetings, procedures and its handling of complaints/referrals about teachers. The complainant also requested further, related, information in a subsequent request. GTCNI ultimately provided some information but withheld the remainder citing sections … Continue reading General Teaching Council Northern Ireland (Education): ICO 23 Nov 2021

West of England Combined Authority (Local Government): ICO 5 Oct 2022

The complainant has requested information from the West of England Combined Authority (‘WECA’) regarding expenses claims and full copies of declarations/registers of interests for WECA Mayor Dan Morris. WECA provided the complainant with some information, however it redacted the remainder, advising that it is the Mayor’s address and therefore is personal data. The Commissioner’s decision … Continue reading West of England Combined Authority (Local Government): ICO 5 Oct 2022

ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007

Application to remove arbitrators. Judges: Andrew Smith J Citations: [2007] EWHC 927 (Admin) Statutes: Arbitration Act 1996 96 Jurisdiction: England and Wales Citing: See Also – ASM Shipping Ltd of India v TTMI Ltd of England CA 16-Oct-2006 The court at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007

Jackson and Another v Royal Bank of Scotland: HL 27 Jan 2005

The claimants sought damages, alleging that a breach of contract by the defendant had resulted in their being unable to earn further profits elsewhere. The defendant said the damages claimed were too remote. The bank had, by error, disclosed to one customer the mark up being taken by the claimant company which had acted as … Continue reading Jackson and Another v Royal Bank of Scotland: HL 27 Jan 2005

In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland: CA 1989

A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form. Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality.Lord Justice Nicholls said: ‘The question arising on this appeal concerns the exercise by the court of … Continue reading In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland: CA 1989

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

East of England Ambulance Service Nhs Trust (Health): ICO 1 Nov 2021

The complainant has requested the results of a 2020 staff survey. East of England Ambulance Service NHS Trust (‘the Trust’) has withheld the information under FOIA section 41(1) (information provided in confidence), sections 36(2)(b) and 36(2)(c) (prejudice to effective conduct of public affairs), section 40(2)(personal data) and section 38(1) (health and safety). The Commissioner’s decision … Continue reading East of England Ambulance Service Nhs Trust (Health): ICO 1 Nov 2021

Payne and Woodland v Mayor and Burgesses of London Borough of Barnet: CA 22 May 1997

The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers. Citations: Times 24-Jun-1997, [1997] EWCA Civ 1752, (1998) 10 Admin LR 185, (1998) 30 HLR 295, (1998) 76 P and CR 293 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Citing: Cited … Continue reading Payne and Woodland v Mayor and Burgesses of London Borough of Barnet: CA 22 May 1997

Inland Revenue Commissioners v Willoughby and Another: CA 6 Jan 1995

Anti-avoidance provisions do not catch a transfer of assets which were located abroad and which made at a time when the taxpayer was a non UK resident. Citations: Gazette 08-Mar-1995, Ind Summary 13-Feb-1995, Times 06-Jan-1995 Statutes: Income and Corporation Taxes Act 1988 739-741 Jurisdiction: England and Wales Citing: Appealed to – Inland Revenue Commissioners v … Continue reading Inland Revenue Commissioners v Willoughby and Another: CA 6 Jan 1995

Enterprise Home Developments Llp v Adam (Landlord and Tenant – Service Charges): UTLC 12 May 2020

LANDLORD AND TENANT – SERVICE CHARGES – paper determination of service charge dispute by FTT – service charges disallowed due to insufficiency of evidence – whether procedure fair to unrepresented parties – appeal allowed and charges re-determined Citations: [2020] UKUT 151 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 December 2022; … Continue reading Enterprise Home Developments Llp v Adam (Landlord and Tenant – Service Charges): UTLC 12 May 2020

Shankland and Co v Robinson and Co: HL 7 May 1920

A prospective bidder for articles about to be sold at an auction sale saw the sellers as to whether there might be difficulty in obtaining possession of the articles owing to Government impressment, and he was informed that the Government had been satisfied and the sale was to be allowed. Subsequently a subordinate Government official … Continue reading Shankland and Co v Robinson and Co: HL 7 May 1920

Sharland v Sharland: CA 10 Feb 2014

Appeal against the order of Sir Hugh Bennett dismissing the application of the appellant wife to resume the hearing of her claim for financial provision following her divorce from the respondent. Held: (Briggs LJ dissenting) The appeal failed. Moore-Bick LJ said: It may be unusual for a judge to conclude that despite a deliberate failure … Continue reading Sharland v Sharland: CA 10 Feb 2014

Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 21 Jun 2012

ECJ Accession of new Member States – Republic of Bulgaria – Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market – Directive 2004/114/EC – Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or … Continue reading Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 21 Jun 2012

Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303, Inc: ChD 12 Oct 2011

The claimant sought an order debarring the defendant from relying on any evidence to support their case at the forthcoming trial for the revocation of a patent. Judges: Arnold J Citations: [2011] EWHC 2663 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Baird v Moule’s Patent Earth Closet Co Ltd CA 3-Feb-1876 Where … Continue reading Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303, Inc: ChD 12 Oct 2011

Fenland District Council v Sheppard and Others: ChD 3 Nov 2011

Short but somewhat difficult point under the provisions governing the vesting of disclaimed property of a bankrupt’s estate under section 320 of the Insolvency Act 1986 Judges: Roth J Citations: [2011] 45 EG 96 (CS),, [2012] 2 EG 68, [2011] EWHC 2829 (Ch) Links: Bailii Jurisdiction: England and Wales Land, Insolvency Updated: 09 December 2022; … Continue reading Fenland District Council v Sheppard and Others: ChD 3 Nov 2011

Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Questions as to statutory provisions about service charges contained in sections 18 and following of the Landlord and Tenant Act 1985. Citations: [1999] EWCA Civ 3049, [1999] L and TR 541, [1999] 2 EGLR 53, (2000) 32 HLR 116, [1999] 26 EG 151, [1999] EG 63 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003

Rowlands v Hodson: CA 8 Oct 2009

Judges: Lord Justice Rimer Citations: [2009] EWCA Civ 1042, [2010] PNLR 8 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009 (Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a … Continue reading Rowlands v Hodson: CA 8 Oct 2009

Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others: CA 21 Oct 2003

The claimants complained that the receivers appointed by the bank had failed to get the best price for properties charged to the bank and sold, in that they had failed to obtain planning permissions which would have increased the values of the properties. Held: The court was being asked ‘whether the express appointment in the … Continue reading Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others: CA 21 Oct 2003

Johnston and Sons Ltd v Holland: CA 1988

The test for whether there had been a derogation from a grant was whether there had been a substantial deprivation of benefit, rather than a total deprivation. The principle of non-derogation from grant is ‘not based on some ancient technicality of real property. As Younger LJ observed in Harmer v Jumbil (Nigeria) Tin Areas Ltd … Continue reading Johnston and Sons Ltd v Holland: CA 1988

Kiani v Land Rover Ltd Others: CA 28 Jun 2006

Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover suggested that his death was suicide. There … Continue reading Kiani v Land Rover Ltd Others: CA 28 Jun 2006

Fletcher v The Commissioners of Public Works in Ireland: 21 Feb 2003

(Irish Supreme Court) Citations: [2003] 1 IR 465 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient … Continue reading Fletcher v The Commissioners of Public Works in Ireland: 21 Feb 2003

Abbott v Minister for Lands: PC 30 Mar 1895

(From the Supreme Court for New South Wales) When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the community or any class of them into an accrued or vested right to which the … Continue reading Abbott v Minister for Lands: PC 30 Mar 1895

Kredietbank Antwerp v Midland Bank Plc v Karaganda Limited v Midland Bank and Midland Bank International Finance Corporation Limited: CA 28 Apr 1999

The Bank refused to pay on letters of credit. They had required production of an original life policy, and been shown the original and a copy. The difficulties in distinguishing the two were not great, and did not justify the refusal to pay. The contract in any event explicitly allowed for a copy to be … Continue reading Kredietbank Antwerp v Midland Bank Plc v Karaganda Limited v Midland Bank and Midland Bank International Finance Corporation Limited: CA 28 Apr 1999

Iceland Foods Ltd v Stevenson (Unfair Dismissal – Disability Discrimination): EAT 13 Feb 2020

An ET held that the dismissal of an employee who had been on long-term sickness absence was not unfair. However, it also held that the dismissal constituted unfavourable treatment because of something arising in consequence of disability pursuant to Section 15 of the Equality Act 2010. Such an outcome is possible, as a matter of … Continue reading Iceland Foods Ltd v Stevenson (Unfair Dismissal – Disability Discrimination): EAT 13 Feb 2020