Citations: [2009] UKFTT EA – 2009 – 0058 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 31 December 2022; Ref: scu.428749
Section 37 of the 1889 Act provided that where an Act was not to come into operation immediately, and it conferred power to make regulations or other instruments for the purposes of the Act, that power could be exercised at any time after the passing of the Act, ‘so far as may be necessary or … Continue reading Rex v Minister of Town and Country Planning, Ex parte Montague Burton Ltd: CA 1951
The complainant requested from Shrewsbury Town Council any information held in connection with a Code of Conduct outcome or investigation into the actions of named officers and councillors concerning alleged malfeasance in public office relating to the disposal of Greenfields Recreations Ground. Shrewsbury Town Council stated it did not hold any recorded information as no … Continue reading Shrewsbury Town Council (Local Government): ICO 3 Feb 2022
The complainant has requested that Royston Town Council (the council) provide information on the outcome of an investigation into the conduct of a particular employee. The Commissioner’s decision is that the council correctly relied on section 40(5B)(a)(i) of the FOIA to refuse to confirm or deny whether it held information falling within the scope of … Continue reading Royston Town Council (Local Government): ICO 20 Oct 2021
Judges: Deputy Insolvency and Companies Court Judge Raquel Agnello KC Citations: [2022] EWHC 2914 (Ch) Links: Bailii Statutes: Insolvent Partnerships Order 1994 7 Jurisdiction: England and Wales Insolvency Updated: 12 December 2022; Ref: scu.683579
The complainant has requested information about Thorne Moorends Town Council’s (the Council) neighbourhood plan. The Council disclosed some information within the scope of the request, but stated that it holds no further relevant information. The Commissioner’s decision is that, on the balance of probabilities, the Council is correct when it says that it holds no … Continue reading Thorne-Moorends Town Council (Local Government): ICO 12 Oct 2022
The complainant has requested from Beccles Town Council a copy of legal advice concerning charitable land, a map, and a statutory declaration. The Commissioner’s decision is that Beccles Town Council has correctly applied the exemption for legal professional privilege at section 42 of the FOIA. He does not require the public authority to take any … Continue reading Beccles Town Council (Local Government (Town Council)): ICO 23 Feb 2015
The complainant has made a request to Yarm Town Council (‘the council’) for information relating to the council’s decision to seek legal advice. The council provided some information in response, but with contact information redacted under the exemption provided by section 40(2) of the Freedom of Information Act (‘the FOIA’). The complainant subsequently contested the … Continue reading Yarm Town Council (Local Government (Town Council)): ICO 17 Feb 2015
The first claimant succeeded in claiming damages against the first and second defendants. He had been a professional footballer injured in a negligent tackle by the first defendant. The tackle was outside the range acceptable within the sport. The decision of the judge at first instance had been an assessment of the facts. As such … Continue reading Watson, Bradford City Association Football Club (1983) Limited v Gray, Huddersfield Town Association Football Club Limited: CA 22 Apr 1999
The Claimant was a police officer who was transferred from her Response Team to the Crime Management Hub after she became pregnant. There had been a risk assessment indicating that she could safely remain with the Response Team if certain adjustments were made but the Devon and Cornwell Police had a general policy that police … Continue reading Devon and Cornwall Police v Town (Sex Discrimination): EAT 10 Sep 2020
Challenge to neighbourhood development plan Judges: Kerr J Citations: [2017] EWHC 3086 (Admin), [2019] WLR 5484, [2019] WLR(D) 385 Links: Bailii, WLRD Jurisdiction: England and Wales Planning Updated: 05 December 2022; Ref: scu.601422
Challenges to compulsory purchase orders. Held: The Orders stand Judges: Sycamore HHJ Citations: [2013] EWHC 973 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Cited by: Appeal from – Margate Town Centre Regeneration Company Ltd and Others v Secretary of State for Communities and Local Government and Others CA 8-Oct-2013 … Continue reading Margate Town Centre Regeneration Company Ltd and Others v Secretary of State for Communities and Local Government and Another: Admn 2 May 2013
Citations: [1869] EngR 44, (1869) 6 Moo PC NS 203, (1869) 16 ER 702 Links: Commonlii Jurisdiction: England and Wales Commonwealth Updated: 04 December 2022; Ref: scu.280613
A wife’s agency of necessity of her husband is suspended whilst she is in desertion. Citations: [1920] 3 KB 381 Jurisdiction: England and Wales Cited by: Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005 The applicant contended that the 1991 Act infringed her human rights … Continue reading Jones v Newtown and Llanidloes Guardians: 1920
Citations: [1988] CLY 2029 Jurisdiction: England and Wales Cited by: Considered – Laura Investments v Havering ChD 1992 The land was undeveloped when let to the tenant, who covenanted to build on it. On the rent review, the landlord contended that the rent should be calculated on the developed value, rather than in the condition … Continue reading Ipswich Town Football Club v Ipswich Borough Council: 1988
The complainant has requested information relating to the suspension of the former Town Clerk of Oakengates Town Council. The council refused the request, withholding the information under the exemptions for law enforcement, commercial interests and personal data. The Commissioner’s decision is that all the requested information constitutes the personal data of a third party and … Continue reading Oakengates Town Council (Decision Notice): ICO 4 Oct 2012
Salmon-fishing for some days yearly, found constituted by infeftment of a Sheriff, and forty years possession, though the office bore only emoluments in general. Citations: [1677] Mor 10903 Links: Bailii Jurisdiction: Scotland Agriculture Updated: 30 November 2022; Ref: scu.677389
The question is whether the Sheriff-substitute was right in interdicting the first defender from exercising horses on the pursuers’ fields. Citations: [1955] ScotCS CSIH – 7, 1956 SLT (Notes) 17, 1956 SC 175 Links: Bailii Jurisdiction: Scotland Land, Animals Updated: 27 November 2022; Ref: scu.279443
Citations: [2016] ScotIC 113 – 2016 Links: Bailii Jurisdiction: Scotland Information Updated: 26 November 2022; Ref: scu.566598
Renewed application for leave to appeal against sentence Citations: [2010] EWCA Crim 1027 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 25 November 2022; Ref: scu.416054
The complainant requested information from Yarm Town Council (‘the Council’) about a CCTV system. The Council responded, but did not inform the complainant whether it held the information he had requested, nor apparently consider any information for disclosure. The Commissioner’s decision is that the Council’s response failed to comply with the requirements of section 10(1) … Continue reading Yarm Town Council (Local Government): ICO 3 Dec 2019
Plea of insanity to murder Citations: [1863] EngR 77, (1863) 3 F and F 840, (1863) 176 ER 384 Links: Commonlii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.282732
Bovill CJ made it clear that in animals ferae naturae, there was no absolute property. There was only a special or qualified property. Judges: Bovill CJ Citations: (1871) LR 1 CCR 315 Jurisdiction: England and Wales Cited by: Cited – Borwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020 Only Limited Ownership of … Continue reading Regina v Townley: 1871
The complainant requested meeting minutes in which Hadleigh Town Council (the Council) resolved to take disciplinary action against a named individual. The Commissioner’s decision is that the Council has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working … Continue reading Hadleigh Town Council (Local Government): ICO 2 Dec 2019
The complainant has requested information about a Facebook Group that is operated by a named councillor. Buckingham Town Council responded that the information was not held. The Commissioner’s decision is that the Council has correctly confirmed that the information is not held. The Commissioner does not require the Council to take any steps, but refers … Continue reading Buckingham Town Council (Local Government): ICO 10 Dec 2019
Citations: [2017] ScotIC 014 – 2017 Links: Bailii Jurisdiction: Scotland Information Updated: 20 November 2022; Ref: scu.578901
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT LON – 00AG – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.674370
Whether an unincorporated association was liable to registration on subscriptions paid by members, was not merely a matter of its constitution, but of what in reality members received for their subscriptions. If those were services of a VATable nature, then the subscriptions were chargeable. Citations: Times 12-May-1998, Gazette 10-Jun-1998, [1998] EWCA Civ 785 Statutes: Value … Continue reading Eastbourne Town Radio Cars Association v Commissioners of Customs and Excise: CA 12 May 1998
ICO The complainant requested information relating to the Council’s handling of a bye election and also about public attendance at the Council’s reception. The Council failed to provide any response within 20 working days. The Notice identified the breach and required the Council to deal with the request. Section of Act/EIR and Finding: FOI 1 … Continue reading Rushden Town Council (Decision Notice): ICO 16 May 2005
EAT Unfair Dismissal – Compensation. Judges: His Honour Judge J Altman Citations: EAT/1360/99 Links: EAT Jurisdiction: England and Wales Employment Updated: 17 November 2022; Ref: scu.255102
The court considered whether a pathway had become a public highway. Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that during the relevant 20 year period the landowner should not only prove that negative … Continue reading Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs: CA 19 Dec 2005
A successor in title to the original covenantor would not pay his share of the costs of repairing and maintaining sewers he used as appurtenant to his house. The covenantee in which the relevant housing estate was vested sued for their recovery. The defence was that as the defendant had not been a party to … Continue reading Thamesmead Town Ltd v Allotey: CA 21 Jan 1998
Citations: [2012] NIIT 00521 – 12IT Links: Bailii Jurisdiction: Northern Ireland Employment Updated: 13 November 2022; Ref: scu.469340
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
Medical reasons for failure to provide specimen of blood for examination. Judges: Maurice Kay LJ, Mitting J Citations: [2006] EWHC 2007 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 12 November 2022; Ref: scu.244237
A failure to include the warning notice in a notice to quit in the statutory form was fatal to the entire procedure. Citations: Times 15-Dec-1997, [1997] EWCA Civ 2881 Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 12 November 2022; Ref: scu.143280
The complainant requested information relating to the second generation of the council website, as well as copies of timesheets for the proper officer. The Commissioner’s decision is that Morecambe Town Council breached sections 1 (general right of access) and 10 (time for compliance) of the FOIA, by failing to disclose to the complainant information to … Continue reading Morecambe Town Council (Local Government): ICO 5 Mar 2021
The complainant has requested from Shrewsbury Town Council the draft or final report from Michael Redfern. Initially Shrewsbury Town Council applied Section 22 of the FOIA to withhold the report. However, during the course of the Commissioner’s investigation it changed its position, claiming the report was not held at the date of the request. The … Continue reading Shrewsbury Town Council (Local Government): ICO 20 Jan 2022
A partner gave a covenant not to carry on the business of a corn, seed or manure merchant or nurseryman within a distance of 40 miles from Chard. The partners sold the business to a company, of which they remained directors. It was wound up, and the goodwill sold to Mr Townsend. Held: The benefit … Continue reading Townsend v Jarman: 1900
The complainant requested from Shrewsbury Town Council, all correspondence between itself, the Town Council Leader, the Mayor, Councillors and PFK Littlejohn up to the year ending 2018 accounts and the current date 19 May 2020. The Commissioner’s decision is that Shrewsbury Town Council has disclosed all the requested information falling within the scope of the … Continue reading Shrewsbury Town Council (Local Government): ICO 10 Feb 2022
The Judge actually hearing a case has the best view of whether the lawyer’s behaviour justified a wasted costs order; an appeal was wrong save for an error in principle. Citations: Times 01-Aug-1997, [1997] EWCA Civ 2092 Jurisdiction: England and Wales Legal Professions Updated: 06 November 2022; Ref: scu.142489
The complainant has requested information regarding council committees and decision making. The Commissioner’s decision is that, on the balance of probabilities, Lydd Town Council is not withholding any information in scope of the request. The Commissioner does not require any steps. FOI 1: Complaint not upheld Citations: [2020] UKICO fs50889110 Links: Bailii Jurisdiction: England and … Continue reading Lydd Town Council (Local Government): ICO 9 Jun 2020
The complainant requested from Bicester Town Council a list of the delegated powers held by the Chief Officer, along with the basis of those powers. The Council denied that the requested information was held. The Commissioner’s decision is that the Council does not hold the requested information. The Commissioner does not require the Council to … Continue reading Bicester Town Council (Local Government): ICO 4 Aug 2021
The complainant has submitted 78 requests for information to Townley Grammar School (‘the School’). The School is relying on section 12(1) of the FOIA to refuse to comply with the requests as it considers the cost of doing so would exceed the appropriate limit. The Commissioner’s decision is as follows: Under section 12(4) of the … Continue reading Townley Grammar School (Education): ICO 15 Jul 2021
The complainant requested information in relation to Council allotments and alleged that he was dissatisfied with the Fees Notice issued in response to his request. The Council stated that the cost of complying with the request would exceed the appropriate limit as identified in the Fees Regulations but they agreed to supply the information on … Continue reading Ferry Hill Town Council (Decision Notice): ICO 14 Jul 2005
ECFI Community trade mark – Application for Community mark representing seven squares of different colours – Sign of which a Community trade mark may consist – Article 4 of Regulation (EC) No 207/2009 Judges: Azizi P Citations: T-293/10, [2012] EUECJ T-293/10 Links: Bailii Statutes: Regulation (EC) No 207/2009 4 Jurisdiction: European Intellectual Property Updated: 01 … Continue reading Seven Towns v OHIM (Representation De Sept Carres En Differentes Couleurs): ECFI 14 Jun 2012
Citations: [2012] ScotIC 089 – 2012) Links: Bailii Jurisdiction: Scotland Information Updated: 31 October 2022; Ref: scu.459803
Part time retained firefighters claimed discrimination under the Regulations when their conditions of service were compared with those of full-time firefighters. They appealed a finding that they had been employed under different types of contract and that therefore no claim arose. Held: There was insufficient reason to treat the retained firefighters as being employed under … Continue reading Matthews and others v Kent and Medway Towns Fire Authority and others: CA 2 Jul 2004
‘R v Neem’ was criticised. A court may imprison for a first but nevertheless persistent offence. Citations: Times 12-Dec-1994 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 October 2022; Ref: scu.88207
Citations: [2011] EWLVT LON – LV – NFR – 00BJ – 0 Links: Bailii Landlord and Tenant Updated: 26 October 2022; Ref: scu.459399
Citations: [2001] EWCA Civ 1027 Links: Bailii Jurisdiction: England and Wales Torts – Other Updated: 22 October 2022; Ref: scu.201129
Income Tax/Corporation Tax : Pension Scheme – Pensions – lifetime allowance – whether taxpayer notified intention to fix lifetime allowance – application to strike out – granted Citations: [2018] UKFTT 624 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 22 October 2022; Ref: scu.632372
The complainant has requested information from Cambourne Town Council (‘the Council’) about salary band allocation for staff members and public money spent on several different areas. The Commissioner’s decision is that the Council was entitled to withhold the requested information under section 40(2) of the FOIA. The Commissioner does not require the Council to take … Continue reading Cambourne Town Council (Local Government): ICO 23 Mar 2021
The complainant requested particular meeting minutes from Peterlee Town Council (‘the Council’) and the Council has released the relevant information it holds. The Commissioner’s decision is as follows: The Council breached section 10(1) of the FOIA as it did not comply with section 1(1) within the statutory timeframe of 20 working days following the date … Continue reading Peterlee Town Council (Local Government): ICO 6 Apr 2021
IPO Eight applications for SPCs for single active ingredients in the vaccine field were filed. One application concerned the recombinant L1 protein of Human Papillomavirus (HPV) strain HPV6; one application concerned the recombinant L1 protein of Human Papillomavirus strain HPV11; two applications concerned the recombinant L1 protein of Human Papillomavirus strain HPV16 and four applications … Continue reading Georgetown University (For Spc/Gb 07/070, Spc/Gb 07/071, Spc/Gb 07/073, Spc/Gb 07/078, Spc/Gb 07/079 and Spc/Gb 07/080); Loyola University of Chicago (For Spc/Gb 07/069 Only); University of Rochester (For Spc/Gb 07/075 Only) (Patent): IPO 29 Dec 2009
IPO Colin R Hart and Paul J Joynt both filed uncontested applications under rule 10(2) of the Patents Rules 2007 to the effect that they should also have been named as joint inventors in the granted patent. The applications were consolidated. The comptroller found that Colin R Hart and Paul J Joynt should be mentioned … Continue reading Colin R Hart, Paul J Joynt, Stork Townsend Inc Brent M Veldkamp, Jarrod A Grim and Robert T Seaberg (Patent): IPO 18 Aug 2009
The patent relates to a sock for a boot, the sock having three defined parts: a lower foot portion, an upper portion for fitting snugly around the inside of the upper portion of the boot, and an outer portion for fitting snugly around the outside of the top of the boot. The proprietor of the … Continue reading Ms Penelope Mary Townsend Hugh David Niblock Hunter Boot Limited (Patent): IPO 24 Feb 2009
Citations: [2007] UKIntelP o07807 Links: Bailii Intellectual Property Updated: 19 October 2022; Ref: scu.456608
Citations: [2005] UKIntelP o26105 Links: Bailii Intellectual Property Updated: 19 October 2022; Ref: scu.456426
Citations: [2005] UKIntelP o04605 Links: Bailii Intellectual Property Updated: 19 October 2022; Ref: scu.456254
The court was asked whether the council held land as public open space. Its predecessor had acquired the land for that purpose in 1926, and had used it as such. During the war, part of the land had been temporarily appropriated for allotment purposes under powers contained in Defence Regulations. By the late 1970s the … Continue reading Day, Regina (on The Application of) v Shrewsbury Town Counci and Another: Admn 19 Dec 2019
Citations: [1836] EngR 1164, (1836) 2 Keen 675, (1836) 48 ER 789 Links: Commonlii Jurisdiction: England and Wales Litigation Practice Updated: 19 October 2022; Ref: scu.315496
Application to determine the reasonableness and payability of service charges Citations: [2015] UKFTT RP – CAM – 26UK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626892
The question at the heart of this matter is what is needed to constitute an effective appropriation of land from one designated use to another, and in particular from designated use as allotment land to land able to be used for other purposes. The judge described Thanet’s case: ‘[Thanet’s] case is simply that in 2006 … Continue reading Ramsgate Town Council v Thanet District Council: ChD 9 Nov 2018
The complainant requested information from Bicester Town Council (‘the Council’) relating to the agendas of Personnel Committee Meetings the Council have held in the past five years. The Council withheld the requested information under section 40(5B)(a)(i) (neither confirm nor deny) of FOIA. During the course of the Commissioner’s investigation, the Council revised its position, and … Continue reading Bicester Town Council (Local Government): ICO 25 May 2022
Citations: [2019] EWCA Crim 2093 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 15 October 2022; Ref: scu.647037
Citations: [2006] UKIntelP o27906 Links: Bailii Intellectual Property Updated: 14 October 2022; Ref: scu.454842
PO Patent Office – Ex Parte DecisionsThe invention relates to an advent calendar with an additional indicium on each door. Held that the invention related to a presentation of information which served no technical purpose and included no technical advance. Judges: Mrs Wilson Citations: [2003] UKIntelP o26603 Links: PO, Bailii Jurisdiction: England and Wales Intellectual … Continue reading Stephen Townsend (Patent): IPO 1 Sep 2003
Canlii (Supreme Court of Canada) Damages – Past and future wage loss – Periods of incarceration – Plaintiff seeking damages for injuries suffered as consequence of sexual assaults – Whether plaintiff entitled to compensation for wage loss while he was incarcerated – Whether plaintiff can be compensated for time spent in prison after he became … Continue reading British Columbia v Zastowny: 8 Feb 2008
Held (aff. judgment of First Division) that a vassal who had purchased a part of a feu, and was entered with the superior by virtue of the provisions of the 2d subsection of section 4 of the Conveyancing Act 1874, was entitled under section 15 of that Act to redeem the casualties applicable to his … Continue reading Magistrates and Town Council of Edinburgh v The Edinburgh Roperie and Sailcloth Co: HL 12 Nov 1878
The complainant has requested information from Chilton Town Council (‘the council’) in relation to its allowances over a two-year period. The Commissioner’s decision is that the council failed to respond to the request within 20 working days and has therefore breached section 10(1) of the FOIA. The Commissioner requires the council to take the following … Continue reading Chilton Town Council (Local Government): ICO 16 Jul 2020
The council appealed against an award by the adjudicator of title by adverse possession in favour of the respondents. Held: The appeal succeeded. On any sensible analysis from the Council’s perspective, the Caunters were entitled to remain in possession of the land until such time as it chose to communicate with them to revoke it, … Continue reading Totton and Eling Town Council v Caunter and Another: ChD 11 Jun 2008
The complainant has requested from Shaftesbury Town Council (the council) information about salary increases paid to all staff over a three year period. The council initially referred the complainant to information it said was in the public domain and it refused the request under section 21 (Information accessible to applicant by other means) of the … Continue reading Shaftesbury Town Council (Local Government): ICO 23 Mar 2021
LVT Service Charges Citations: [2011] EWLVT MAN – LV – SVC – 00CY – 0 Links: Bailii Landlord and Tenant Updated: 23 September 2022; Ref: scu.446924
Citations: [2010] NIIT 5701 – 09IT Links: Bailii Jurisdiction: Northern Ireland Employment Updated: 22 September 2022; Ref: scu.433075
Whether the name subscribed to a notice of objection is so subscribed as to be commonly understood to be the same as that by which the objector is designated in the list of voters, is a question not of law, but of fact. Citations: [1845] EngR 402 (B), (1845) 7 Man and G 163 Links: … Continue reading John Hinton v Humphrey Hinton, Town Clerk of Wenlock: 23 Jan 1845
Citations: [1953] UKPC 14 Links: Bailii Ecclesiastical Updated: 22 September 2022; Ref: scu.445923
The parties disputed a course of trading between them without formal contracts being used. The challenge now was as to the adequacy of the judge’s findings. Held: The appeal failed. The judgment was ‘short, even perfunctory and Delphic.’ However the substance of it was discernable and beyond challenge. It was also critical of the amount … Continue reading Camertown Timber Merchants Ltd and Another v Sidhu and Another: CA 8 Sep 2011
Mauritius Citations: [1987] UKPC 40 Links: Bailii Commonwealth Updated: 17 September 2022; Ref: scu.443483
Citations: [2003] EWCA Civ 537 Links: Bailii Jurisdiction: England and Wales Land Updated: 16 September 2022; Ref: scu.181149
The complainant requested information from Trowbridge Town Council about a park storage planning application. Trowbridge Town Council did not respond to this request within 20 working days. The Commissioner’s decision is that Trowbridge Town Council has therefore breached regulation 5(2) of the Environmental Information Regulations (EIR). EIR 5(2): Complaint upheld Citations: [2019] UKICO fer0869610 Links: … Continue reading Trowbridge Town Council (Local Government): ICO 18 Sep 2019
European Union trade mark – Revocation proceedings – European Union word mark MY BOYFRIEND IS OUT OF TOWN – Declaration of revocation – Absence of genuine use of the mark – Article 58(1)(a) of the Regulation (EU) 2017/1001 – Proof of genuine use – Abuse of rights Citations: T-699/21, [2022] EUECJ T-699/21, ECLI:EU:T:2022:528 Links: Bailii … Continue reading Peace United v EUIPO – 1906 Collins (My Boyfriend Is Out of Town) (European Trade Mark – Judgment): ECFI 7 Sep 2022
Paton Statute – Impost Duty – Evasion.- The Magistrates of Glasgow are, by statute, entitled to a duty upon all ales and beer brought into Glasgow, from all the breweries in and about Glasgow, for consumption. Sometime after the passing of the act, parties erected a brewery in Anderston, which they conceived beyond the bounds … Continue reading Magistrates and Town Council of The City of Glasgow v Messrs Murdoch, Warren, and Co: HL 9 Jul 1783
Challenge to an arbitration award in respect of a dispute arising from the termination of a professional footballer’s contract of employment. Judges: His Honour Judge Halliwell sitting as a Judge of the High Court Citations: [2018] EWHC 3318 (Comm) Links: Bailii Jurisdiction: England and Wales Contract Updated: 11 September 2022; Ref: scu.631322
Part 8 claim to determine a point of construction in relation to rent review clauses contained in two 99 year building leases of commercial property in Oswestry Judges: Stephen Davis HHJ Citations: [2014] EWHC 310 (Ch) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 September 2022; Ref: scu.521394
Citations: [1846] EngR 266, (1846) 2 CB 60, (1846) 135 ER 863 Links: Commonlii Jurisdiction: England and Wales Elections Updated: 10 September 2022; Ref: scu.302161
LVT Service Charges Citations: [2010] EWLVT MAN – LV – SVC – 00CY – 0 Links: Bailii Landlord and Tenant Updated: 09 September 2022; Ref: scu.435558
Citations: [2021] EWHC 291 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 09 September 2022; Ref: scu.658624
The complainant has made a request to Berwick Town Council (‘the council’) for bank statements. The council refused the request citing section 21 of the Freedom of Information Act (FOIA). The Commissioner’s decision is that section 21 has been correctly engaged. The Commissioner does not require any steps to be taken. FOI 21: Not upheld … Continue reading Berwick-Upon-Tweed Town Council (Local Government (Town Council)): ICO 24 Jun 2015
Citations: [2022] UKFTT 2021 – 0014 (GRC) Links: Bailii Jurisdiction: England and Wales Information Updated: 07 September 2022; Ref: scu.680218
The claimant sought a declaration as to the existence or otherwise of public rights over its land at the Severn Ham. Historically it had been described as common land. Judges: Lewison J Citations: [2011] EWHC 595 (Ch) Links: Bailii Jurisdiction: England and Wales Land Updated: 03 September 2022; Ref: scu.430612
The applicant football club appealed against a decision refusing to stay a petition for the winding up of the club. Judges: Lord Neuberger of Abbotsbury MR, Sedley, Toulson LJJ Citations: [2011] EWCA Civ 84 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 01 September 2022; Ref: scu.428523
Sex discrimination – pregnancy and discrimination; Contract Workers; Jurisdiction Contract of employment Maternity Rights and Parental leave – sex discrimination In this case the Employment Appeal Tribunal heard an appeal against the Employment Tribunal’s decision under s 83(2)(a) of the Equality Act 2010. The EAT allowed the appeal and concluded on the facts found proved … Continue reading Town and Country Glasgow Ltd v Munro (Maternity Rights and Parental Leave — Sex Discrimination): EAT 23 Jul 2019
Citations: [2013] ScotCS CSIH – 61 Links: Bailii Jurisdiction: Scotland Contract Updated: 31 August 2022; Ref: scu.511095
COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease from authority – entitlement to compensation under Landlord and Tenant Act 1954 s 37 – whether such entitlement precludes compensation under 1973 Act … Continue reading Evis and Another v Commission for New Towns: LT 5 Jul 2001
EAT RACE DISCRIMINATION – IndirectJURISDICTIONAL POINTS – Extension of time: just and equitableExtension of time for presentation of a claim for indirect race discrimination where claim presented 19 months after the act complained of. Employment Judge erred in failing to take account of two important aspects of evidence from witnesses who he had found to … Continue reading Perth and Kinross Council v Townsley: EAT 17 Aug 2010
The complainant requested information about laptops held by Ammanford Town Council (‘the Council’). The Council provided some information, stated other information was not held and advised that some information was held within Council offices and could not be retrieved at that time due to the Covid 19 pandemic. During the course of the Commissioner’s investigation, … Continue reading Ammanford Town Council (Local Government): ICO 22 Jun 2021
South Africa Citations: [1919] UKPC 135 Links: Bailii Jurisdiction: England and Wales Commonwealth Updated: 23 August 2022; Ref: scu.423366
The complainant requested information from Ammanford Town Council (‘the Council’) relating to items of correspondence referred to in minutes. The Commissioner’s decision is that the Council failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Council to take the following step … Continue reading Ammanford Town Council (Local Government): ICO 19 May 2020
Judges: Deputy ICC Judge Baister Citations: [2022] EWHC 2071 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 22 August 2022; Ref: scu.680138
