Search Results for: Roads (Scotland) Act 1984

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Lord Advocate v Dumbarton District Council: HL 1989

The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country Planning (Scotland) Act 1972. Held: Before the Acts of Union, Scots law … Continue reading Lord Advocate v Dumbarton District Council: HL 1989

Attorney General v Hancock: 1940

The Crown could enforce a debt for unpaid income tax without the leave of the court, not being bound by the provisions of the Courts (Emergency Powers) Act 1939, which prohibited enforcement without leave. Citations: [1940] 1 KB 427 Jurisdiction: England and Wales Cited by: Cited – Lord Advocate v Dumbarton District Council HL 1989 … Continue reading Attorney General v Hancock: 1940

Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017

The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006. Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017

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

The Province of Bombay v The Municipal Corporation of The City of Bombay and Another: PC 10 Oct 1946

(Bombay) The Board considered whether the Crown was bound by section 222(1) and section 265 of the City of Bombay Municipal Act 1888, which in effect gave the Municipality power to carry water mains for the purposes of water supply through, across or under any street and ‘into, through or under any land whatsoever within … Continue reading The Province of Bombay v The Municipal Corporation of The City of Bombay and Another: PC 10 Oct 1946

Walton v The Scottish Ministers: SCS 29 Feb 2012

The reclaimer challenged the making of several orders redesignating roads around the Aberdeen Western Peripheral Route. Judges: Lord Clarke, Lord Bonomy, Lord Philip Citations: [2012] ScotCS CSIH – 19, [2012] CSIH 19 Links: Bailii Statutes: Roads (Scotland) Act 1984 Citing: At Outer House – Walton and Others v The Scottish Ministers SCS 11-Aug-2011 Outer House … Continue reading Walton v The Scottish Ministers: SCS 29 Feb 2012

Walton and Others v The Scottish Ministers: SCS 11 Aug 2011

Outer House – Opinion Judges: Lord Tyre Citations: [2011] ScotCS CSOH – 131, [2011] CSOH 131, 2011 SCLR 686, 2011 GWD 34-703 Links: Bailii Statutes: Roads (Scotland) Act 1984 Cited by: At Outer House – Walton v The Scottish Ministers SC 17-Oct-2012 The appellant, former chair of a road activist group, challenged certain roads orders … Continue reading Walton and Others v The Scottish Ministers: SCS 11 Aug 2011

The British Broadcasting Corporation v Johns (HM Inspector of Taxes): CA 5 Mar 1964

The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review. Held: It is not a statutory creature; it does not exercise statutory functions; it is not in any general way subject to statutory … Continue reading The British Broadcasting Corporation v Johns (HM Inspector of Taxes): CA 5 Mar 1964

Walton v The Scottish Ministers: SC 17 Oct 2012

The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010