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Regina v Secretary of State for Transport, ex parte Factortame (No 7): TCC 27 Nov 2000

Breaches of articles in the European Treaty by the UK government were tortious in nature, and the appropriate limitation period for claiming was governed by section 2 (six years). The government had failed to allow European fishing vessels into its waters, and had made itself liable for damages. Once this became clear, applicants sought to … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 7): TCC 27 Nov 2000

Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999

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

B S and N Limited (BVI) v Micado Shipping Limited (Malta) (‘The Seaflower’): 19 Apr 2000

A time charterparty was dated 20 October 1997 for a period of 11 months, maximum 12 months at charterers’ option. It referred to various major oil company approvals, including that of Mobil, all on the point of expiring, and provided that if, during the charter term, the owners lost one of these approvals, they should … Continue reading B S and N Limited (BVI) v Micado Shipping Limited (Malta) (‘The Seaflower’): 19 Apr 2000

Regina v Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston: CA 15 Feb 1999

Citations: [1999] EWCA Civ 792 Jurisdiction: England and Wales Cited by: See Also – Regina v Durham County Council Sherburn Stone Company Limited ex parte Huddlestone Admn 28-Jul-1999 . .See Also – Regina v Durham County Council ex parte Rodney Huddleston Admn 17-Aug-1999 Variation of interim injunction to allow works preparatory to development pending appeal … Continue reading Regina v Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston: CA 15 Feb 1999

Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006

Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006

Department for Transport v The Information Commissioner and, Dr Minh Alexander: UTAA 10 May 2021

The appeal concerns the disclosure, pursuant to the Freedom of Information Act 2000 (‘FOIA’), of staff survey reports addressing very small units within the civil service. The requested reports relate to the Air Accidents Investigation Branch (‘AAIB’), a unit within the Department for Transport (`the Appellant’ of `DfT’) and, within the AAIB, those pertaining to … Continue reading Department for Transport v The Information Commissioner and, Dr Minh Alexander: UTAA 10 May 2021

JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002

Application was made for permission for an A2 use on land for which permission had previously been granted for A1 use. The Secretary of State reversed the inspector’s decision on the basis that he had failed to follow the necessary sequence of tests. Held: The questions at issue as to the appropriateness of the site … Continue reading JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002

Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000

The court was asked whether the erection of a marquee in the grounds of an hotel amounted to a development requiring planning permission. The hotel was a listed building. The marquee was only taken down once a year. Held: The marquee required permission. Judges: Morritt, Pill, Schiemann LJJ Citations: [2000] EWCA Civ 5569 Links: Bailii … Continue reading Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

Lake v British Transport Police: CA 5 May 2007

The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the decision of the Police disciplinary Board could not found his claim. Held: the paragraph … Continue reading Lake v British Transport Police: CA 5 May 2007

Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Hamilton v Al Fayed: HL 23 Mar 2000

The claimant MP sued the defendant in defamation after he had alleged that the MP had corruptly solicited and received payments and benefits in kind as a reward for parliamentary services rendered. Held: Parliament has protected by privilege an MP against action for defamation arising from his parliamentary activities. A defendant in an action for … Continue reading Hamilton v Al Fayed: HL 23 Mar 2000

Northern Shipping Company v Deutsche Seereederei Gmbh and others (“The Kapitan Sakharov”): CA 3 Mar 2000

A carrier: (a) should not be exposed to an infinite liability in time; and (b) is not, without more, liable for latent defects in a vessel before it acquired it. The relevant failure to exercise due diligence must relate to the performance of a function undertaken (by the sub-contractor) as a carrier or on behalf … Continue reading Northern Shipping Company v Deutsche Seereederei Gmbh and others (“The Kapitan Sakharov”): CA 3 Mar 2000

Alzetta and Others v Commission (State Aid) T-607/97: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-607/97: ECFI 15 Jun 2000

Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000

Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

ECFI Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions: Admn 1 Feb 2001

Application was made to quash an inspector’s decision. Held: An inspector’s decision was not to be challenged as to its facts. In any case where the expert tribunal is the fact finding body the threshold of Wednesbury unreasonableness or irrationality is a difficult obstacle for an Applicant to surmount. The difficulty is greatly increased in … Continue reading Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions: Admn 1 Feb 2001

Purfleet Farms Ltd v Secretary of State for Environment, Transport and the Regions: LT 10 Apr 2001

COMPENSATION – acquisition following blight notice – development land – planning assumptions – provision of open space – access – cost of necessary highway works – contribution towards general highway improvements – date of grant of assumed planning permission – deferment – net developable area – value per acre – comparables – deduction for poor … Continue reading Purfleet Farms Ltd v Secretary of State for Environment, Transport and the Regions: LT 10 Apr 2001

DSND Subsea Ltd v Petroleum Geo Services Asa: TCC 28 Jul 2000

Dyson J set out the principles applicable in establishing a pleading of commercial duress: (i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant to enter into the relevant contract or to make a payment. See Mance J in S.L. Huyton … Continue reading DSND Subsea Ltd v Petroleum Geo Services Asa: TCC 28 Jul 2000

First Essex Buses Ltd, Regina (on The Application of) v Secretary of State for Transport and Another: Admn 25 Nov 2009

The claimant sought judicial review of a proposed scheme for re-imbursement for a concessionary travel scheme. Judges: Sir Thayne Forbes Citations: [2009] EWHC 3024 (Admin) Links: Bailii Statutes: Transport Act 1985, Transport Act 2000 Jurisdiction: England and Wales Transport Updated: 07 August 2022; Ref: scu.381472

Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

Dimskal Shipping Co SA v International Transport Workers Federation (“The Evia Luck”): HL 1991

The Plaintiff shipowners had been induced by industrial action against a vessel in Sweden, which actions would be lawful under Swedish law, to undertake to enter into written agreements with the ITF under which, inter alia, more generous agreements were to be entered into for payment of the crew, back-dated and back pay was to … Continue reading Dimskal Shipping Co SA v International Transport Workers Federation (“The Evia Luck”): HL 1991

Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973

The court looked at how it should construe the Canada Steamship guidelines with regard to an exemption clause absolving one party of responsibility for negligence. There was a express reference to negligence by the words ‘save harmless and keep . . indemnified against all claims or demands whatsoever.’ Held: Buckley LJ said: ‘It is however … Continue reading Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973

Waters and others v Welsh Development Agency: LT 3 Nov 2000

LT COMPENSATION – Compulsory purchase of land for purpose of nature reserve to compensate for loss of SSSI caused by Cardiff Bay Barrage – preliminary issues – Land Compensation Act 1961 s 5 rule (3) – Pointe Gourde rule – held land had no special suitability or adaptability for purpose – rule (3) did not … Continue reading Waters and others v Welsh Development Agency: LT 3 Nov 2000

Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport: Admn 10 Jun 1997

The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development. Judges: Dyson J Citations: Times 11-Jul-1997, [1997] EWHC Admin 538 Statutes: Land Compensation Act 1961 22(2) Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for Environment … Continue reading Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport: Admn 10 Jun 1997

Tyrrel v Transport and General Workers Union: EAT 31 Mar 2000

Citations: [2000] EAT 1422 – 99 – 3103 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Tyrrell v Transport and General Workers Union EAT 1-Oct-1998 . . Cited by: See Also – Her Majesty’s Attorney General v Tyrrell EAT 4-Jun-2003 Application for restriction of proceedings order – Practice and Procedure – Split hearings … Continue reading Tyrrel v Transport and General Workers Union: EAT 31 Mar 2000

Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 2002

The claimant took part in a planning appeal, objecting to a development. After the appeal, the inspector agreed different conditions, but without allowing the claimant to be involved. He appealed. Held: The inspector was obliged to deal fairly. The claimant was not entitled as of right to attend but had done so, and the issues … Continue reading Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 2002

Brownsville Holdings Ltd v Adamjee Insurance Co Ltd (“The Milasan”): 2000

A 90 foot motor yacht sank in calm weather in the course of a voyage from Piraeus to Sardinia with a crew of three: a skipper, an engineer and a deckhand. Held: The owner’s insurance claim failed. There had been a breach of warranty in these terms: ‘Warranted professional skippers and crew in charge at … Continue reading Brownsville Holdings Ltd v Adamjee Insurance Co Ltd (“The Milasan”): 2000

Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003

Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant. Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert should have no actual or apparent interest in the outcome of the … Continue reading Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

Ryde International Plc v London Regional Transport: LT 12 Feb 2001

Land Compensation Act 1961, s.5 rule 6 – Claim for ‘holding costs’ on property rendered unsaleable by threat of acquisition -Loss to take account of movement in market and rent received – Effect of overall blight arising from scheme distinguished. Citations: [2001] EWLands ACQ – 147 – 2000 Links: Bailii Jurisdiction: England and Wales Land … Continue reading Ryde International Plc v London Regional Transport: LT 12 Feb 2001

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

Tyrrell v Transport and General Workers Union: EAT 1 Oct 1998

Citations: [1998] UKEAT 743 – 98 – 0110 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Tyrrel v Transport and General Workers Union EAT 31-Mar-2000 . .See Also – Her Majesty’s Attorney General v Tyrrell EAT 4-Jun-2003 Application for restriction of proceedings order – Practice and Procedure – Split hearings . . … Continue reading Tyrrell v Transport and General Workers Union: EAT 1 Oct 1998

Transport for London (Decision Notice) FS50448146: ICO 9 Jan 2013

The complainant has requested information relating to payments between CBS Outdoor (CBSO) and Transport for London (TfL), as represented by TfL’s wholly owned subsidiary London Underground Limited (LUL). TfL refused to provide the requested information under section 41 and section 43(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that TfL … Continue reading Transport for London (Decision Notice) FS50448146: ICO 9 Jan 2013

Transport for London (Decision Notice) FS50423735: ICO 9 Jan 2013

The complainant has requested information relating to an investigation into allegations of wrong doing, made by the complainant, as well as Transport for London’s (TfL) policies on reporting wrong doing and fraud. TfL provided the complainant with some of the requested information but refused to disclose some information under section 30(1)(a), section 30(2)(a)(i), section 31(1)(g) … Continue reading Transport for London (Decision Notice) FS50423735: ICO 9 Jan 2013

Transport for London (Decision Notice): ICO 9 May 2011

The complainant requested, under the Freedom of Information Act 2000, a copy of the Formal Investigation Reports it had issued. Transport for London responded late and provided the information requested in slightly redacted form. The complainant referred the delays to the Commissioner and confirmed he wanted a Decision Notice to be issued about the delays … Continue reading Transport for London (Decision Notice): ICO 9 May 2011

Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

Bown v Secretary of State for Transport: CA 31 Jul 2003

The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003

The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions: CA 25 Jun 2003

Regulations specifying the tolls for the Humber Bridge did not mention a charge for large buses. Held: The same rules had to be applied in construing statutory instruments as applied in construing statutes. The explanatory note issued with the Regulation made it clear beyond peradventure that the ommission was a clerical error, and the Regulation … Continue reading The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions: CA 25 Jun 2003

Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002

The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale. Held: The 1985 Act made no reference to … Continue reading Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002

Murphy v Sheffield Hallam University: EAT 11 Jan 2000

The claimant challenged refusal of his claim of discrimination. He was profoundly deaf. He applied for work, and indicated his disability, but no provision was made for a signer to appear at the interview. The interview was re-arranged, but he failed. Held: The tribunal gave reasons for finding that the disability had played no part … Continue reading Murphy v Sheffield Hallam University: EAT 11 Jan 2000

BP Exploration Operating Co Ltd v Chevron Shipping Company and Chevron Tankers (Bermuda) Ltd and Chevron Transport Corporation: SCS 13 Apr 2000

Judges: Lord Cowie and Lord President and Lord Sutherland Citations: [2000] ScotCS 105 Links: Bailii Jurisdiction: Scotland Citing: Appeal from – BP Exploration Operating Company Ltd v Chevron Shipping Company; Same v Chevron Tankers (Bermuda) Ltd; Same v Chevron Transport Corporation OHCS 26-Jan-1999 Where an action had been delayed beyond the five year prescription period … Continue reading BP Exploration Operating Co Ltd v Chevron Shipping Company and Chevron Tankers (Bermuda) Ltd and Chevron Transport Corporation: SCS 13 Apr 2000

County Properties Limited v The Scottish Ministers: OHCS 25 Jul 2000

The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal with issues of fact, but here he would also be making the decision, and the … Continue reading County Properties Limited v The Scottish Ministers: OHCS 25 Jul 2000

Regina v Secretary of State for the Environment, Transport and the Regions, Ex parte Challenger: QBD 11 Jul 2000

An order was due to come into effect, and there was to be a public enquiry. The applicants sought review of the decision not to provide legal assistance for local objectors, on the grounds that it would prejudice their rights under the Human Rights Act, alleging breach of their rights to a fair trial by … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, Ex parte Challenger: QBD 11 Jul 2000

Amoco (UK) Exploration Company (a Company Incorporated In Delaware, Usa) and others v Teesside Gas Transportation Ltd and v Imperial Chemical Industries Plc and others (Consolidated Appeals): HL 4 Apr 2001

The parties contracted for the use of excess capacity in a pipeline. The party contracting to use the excess did not ever need it, but was claimed to have committed itself to payment for the facility. They said that the facility was not ready, and therefore the contract had not commenced. Valves at the end … Continue reading Amoco (UK) Exploration Company (a Company Incorporated In Delaware, Usa) and others v Teesside Gas Transportation Ltd and v Imperial Chemical Industries Plc and others (Consolidated Appeals): HL 4 Apr 2001

Emsland-Starke GmbH v Hauptzollamt Hamburg-Jonas: ECJ 14 Dec 2000

ECJ Articles 9(1), 10(1) and 20(2) to (6) of Regulation No 2730/79 laying down common detailed rules for the application of the system of export refunds on agricultural products, in the version resulting from Regulation No 568/85, must be interpreted as meaning that a Community exporter can forfeit his right to payment of a non-differentiated … Continue reading Emsland-Starke GmbH v Hauptzollamt Hamburg-Jonas: ECJ 14 Dec 2000

Commission v France C-16/98: ECJ 5 Oct 2000

ECJ (Judgment) Failure of a Member State to fulfil its obligations – Directive 93/38/EEC – Public works contracts in the water, energy, transport and telecommunications sectors – Electrification and street lighting works in the departement of the Vendee – Definition of work. Citations: [2000] EUECJ C-16/98 Links: Bailii Jurisdiction: European Cited by: Cited – Azam … Continue reading Commission v France C-16/98: ECJ 5 Oct 2000

Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

Jarmain v Secretary of State for Environment, Transport and Regions Welwyn Hatfield District Council: QBD 12 Mar 1999

Where an authority sought to enforce a planning notice a second time, against substantially the same structure, there was no need for the property to be described identically in each notice, in order for the Act’s provisions to be brought into effect. Citations: Gazette 14-Apr-1999, Times 13-Apr-1999, Gazette 24-Mar-1999, [1999] EWHC Admin 225 Links: Bailii … Continue reading Jarmain v Secretary of State for Environment, Transport and Regions Welwyn Hatfield District Council: QBD 12 Mar 1999

Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames: CA 29 Jun 2001

There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor was it in a sensitive area, and nor was it over 0.5 hectares, and … Continue reading Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames: CA 29 Jun 2001

Lorde (Administratrix of the Estate of Desmond Cave, Deceased) v The Transport Board: PC 29 Mar 2001

(Barbados) The parties had contracted to construct a restaurant. It was claimed that a condition of the contract requiring approval of planning conditions imposed was not fulfilled. Held: When the contract had been made, the clause was intended to protect the land-owner in case the authority imposed unacceptable conditions. It imposed a five day limit. … Continue reading Lorde (Administratrix of the Estate of Desmond Cave, Deceased) v The Transport Board: PC 29 Mar 2001

Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999

A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that member state for the individuals adversely affected. Judges: Lord Slynn of Hadley, Lord Nicholls of Birkenhead, … Continue reading Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999

Robert and Sonia Burkett, Application for Permission To Apply for Judicial Review: CA 13 Dec 2000

Citations: [2000] EWCA Civ 321 Links: Bailii Jurisdiction: England and Wales Citing: Appeal heard – Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames CA 29-Jun-2001 There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that … Continue reading Robert and Sonia Burkett, Application for Permission To Apply for Judicial Review: CA 13 Dec 2000

B S and N Limited (BVI) v Micado Shipping Limited (Malta) (‘The Seaflower’): CA 22 Nov 2000

Citations: [2000] EWCA Civ 296 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Golden Strait Corporation v Nippon Yusen Kubishika Kaisha; ‘the Golden Victory’ TCC 15-Feb-2005 The parties had agreed a charterparty. The defendant repudiated the charter, but the Gulf War in 2003 meant that the the contract would have been frustrated in … Continue reading B S and N Limited (BVI) v Micado Shipping Limited (Malta) (‘The Seaflower’): CA 22 Nov 2000

Somatra Limited v Sinclair Roche and Temperley (a Firm) etc: CA 26 Jul 2000

In an action between clients and their solicitors, the solicitors produced at an interlocutory hearing evidence derived from without prejudice discussions. The claimants applied for disclosure of all such documents, but this was rejected on the basis that the evidence would not be admissible at trial. Held: The evidence having been introduced already by the … Continue reading Somatra Limited v Sinclair Roche and Temperley (a Firm) etc: CA 26 Jul 2000

Marlene Peggy Masters v Secretary of State for Environment, Transport and Regions: CA 31 Jul 2000

Where a public byway was defined as such under the Act, it was intended that the highway should be shown as such on the definitive map. The fact, if it was such, that a byway had fallen into disuse was not an indication that it should be omitted from the map. The purpose of the … Continue reading Marlene Peggy Masters v Secretary of State for Environment, Transport and Regions: CA 31 Jul 2000

Tradigrain SA and Others v King Diamond Marine Limited The Spiros C: CA 13 Jul 2000

The owner of a ship, the defendant, sought payment direct. The time charterer had become insolvent, but the ship had been sub-chartered to the claimant. The owner sought to exercise his lien over the cargo, but the sub-charterer had discharged his own liabilities. Held: The ship owner was obliged to discharge, and to do so … Continue reading Tradigrain SA and Others v King Diamond Marine Limited The Spiros C: CA 13 Jul 2000

Groupama Navigation Et Transports; Continent Sa; Mutuelles Du Mans; Zurich International France SA and Gie Generali Transports (Bodies Corporate) v V Catatumbo Seguros (a Body Corporate): CA 20 Jul 2000

Judges: Roch LJ, Tuckey LJ, Mance LJ Citations: [2000] EWCA Civ 220, [2000] 2 Lloyd’s Rep 350, [2000] CLC 1534, [2001] Lloyd’s Rep IR 141, [2000] 2 All ER (Comm) 193 Links: Bailii Statutes: Marine Insurance Act 1906 33 Jurisdiction: England and Wales Citing: Cited – Forsikringsaktieselskapt Vesta v Butcher HL 1988 A contract of … Continue reading Groupama Navigation Et Transports; Continent Sa; Mutuelles Du Mans; Zurich International France SA and Gie Generali Transports (Bodies Corporate) v V Catatumbo Seguros (a Body Corporate): CA 20 Jul 2000

A Meredith Jones and Co Ltd v Vangemar Shipping Co Ltd (“The Apostolis”): CA 11 Jul 2000

The proper construction of a contractual clause must not consider that clause in isolation, but must consider the clause in the context of the contract as a whole. Judges: Waller LJ, Citations: [2000] EWCA Civ 213, [2000] 2 Lloyd’s Rep 337, [2000] CLC 1488 Links: Bailii Jurisdiction: England and Wales Citing: See Also – A … Continue reading A Meredith Jones and Co Ltd v Vangemar Shipping Co Ltd (“The Apostolis”): CA 11 Jul 2000

Cartonneries De Thulin SA v CTP White Knight Ltd: CA 25 May 2000

The claimant held patents in respect of certain CD cassette boxes. It alleged infringement. Robert Walker LJ considered the meaning of ‘makes’ in the context of such proceedings. First, the word ‘makes’ must be given a meaning which, as a matter of ordinary language, it can reasonably bear. Secondly, it is not a term of … Continue reading Cartonneries De Thulin SA v CTP White Knight Ltd: CA 25 May 2000

Roger Raymond Jarmain v Secretary of State for Environment and Another: CA 12 Apr 2000

Brooke LJ contrasted a ‘purist’ approach and a ‘pragmatic’ approach to questions of planning enforcement and preferred the pragmatic approach: ‘Anyone who had any experience of the operation of the former law relating to the enforcement of planning control knows that it was disfigured by time-consuming litigation over technicalities, raised by determined litigants who sought … Continue reading Roger Raymond Jarmain v Secretary of State for Environment and Another: CA 12 Apr 2000

Secretary of State for Environment, Transport and Regions and Another v Skerritts of Nottingham Ltd: CA 25 Feb 2000

The meaning of ‘curtilage’ whilst not strictly a term of art had caused considerable difficulties. There was nothing inherent in the concept to imply any limitation that the area should be small. In this case the curtilage of a manor house could clearly include stable houses 200 meters from the main house. Accordingly those buildings … Continue reading Secretary of State for Environment, Transport and Regions and Another v Skerritts of Nottingham Ltd: CA 25 Feb 2000

Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

Danae Air Transport Societie Anonyme v Air Canada: CA 29 Jul 1999

The court had power to remit a case to the arbitrator for reconsideration where there appeared to be a simple mathematical error in the award, even though the error was not admitted either by the arbitrator or by the party who had benefited from the error. Costs awards did not fall under the standard rules. … Continue reading Danae Air Transport Societie Anonyme v Air Canada: CA 29 Jul 1999

Gregory v Portsmouth City Council: HL 10 Feb 2000

Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a personal financial advantage. He had been found to have breached the relevant code of practice and … Continue reading Gregory v Portsmouth City Council: HL 10 Feb 2000

Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007

The company sought damages to its business on a motorway service station when works closed an access road. Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect of the permanent stopping-up orders. Judges: Lord Justice Carnwath Citations: [2007] EWCA Civ 764, [2007] … Continue reading Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007

Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

Wiggins v Secretary of State for The Environment, Transport and The Regions: Admn 21 Dec 2000

The claimant sought to appeal an enforcement notice. The land had been used for crushing etc concrete. The council had said it was an unlicensed waste management facility. A temporary permission had been granted subject to an obligation under s106. Held: Permission was obtained for a filetring media plant, but under the subsequent Use Classes … Continue reading Wiggins v Secretary of State for The Environment, Transport and The Regions: Admn 21 Dec 2000

Buckinghamshire County Council v Secretary of State for Environment, Transport and Regions and Brown: Admn 31 Aug 2000

The principal shareholder and managing director of a company which was the sole tenant of a building was competent to object to a planning enforcement notice. The corporate veil was not to be set aside except in special circumstances, and in this case the company was no mere sham or front. However, the managing director … Continue reading Buckinghamshire County Council v Secretary of State for Environment, Transport and Regions and Brown: Admn 31 Aug 2000

Beyers v Secretary of State for Environment, Transport and Regions and Uttlesford District Council: Admn 31 Aug 2000

The appellant challenged refusal of leave to fell a tree protected by a tree preservation order. The tree was old and large, and its roots had begun to undermine the claimant’s buildings. The original consent to a reduction of the crown of the tree by 50% had not been accompanied by the proper certificate as … Continue reading Beyers v Secretary of State for Environment, Transport and Regions and Uttlesford District Council: Admn 31 Aug 2000

Alan Frank Sage v Secretary of State for Environment Transport and Regions and Maidstone Borough Council: Admn 11 Oct 2000

An enforcement notice was issued. The land-owner resisted, saying that the building had been substantially completed more than four years before. Held: It was necessary only that the building works permitted by the permission should be complete, and not that the building should be complete in other ways so as to have made it habitable. … Continue reading Alan Frank Sage v Secretary of State for Environment Transport and Regions and Maidstone Borough Council: Admn 11 Oct 2000

Buckland and Buckland and Capel v Secretary of State for Environment Transport and Regions: Admn 11 Jan 2000

For a track to be deemed to be a byway open to all traffic, there was no need to prove vehicular use, nor both pedestrian and equestrian use. It was necessary however to show that the use by foot and horse combined exceeded on balance use by vehicles. The definition in the Act is clear; … Continue reading Buckland and Buckland and Capel v Secretary of State for Environment Transport and Regions: Admn 11 Jan 2000

John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions: Admn 24 Jan 2000

An inspector determining an application to remove a public bridleway from the definitive map, where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was correctly registered. Nevertheless, where there had been no evidence to support … Continue reading John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions: Admn 24 Jan 2000

Alnwick District Council v Secretary of State for Environment, Transport and Regions and others: Admn 4 Aug 1999

The Council had given planning consent for a superstore, not appreciating the proposed size, which would contravene national planning policy. In the face of the council’s objections, the Secretary of State revoked the permission. The substantial compensation would fall on the Council. The inspector described the decision as ‘grossly wrong’ and ‘seriously perverse’, and likely … Continue reading Alnwick District Council v Secretary of State for Environment, Transport and Regions and others: Admn 4 Aug 1999

Regina v Secretary of State for Environment, Transport and Regions ex parte Dorset County Council: Admn 22 Jun 1999

The court was asked to review a decision not to confirm a public right of way. The court considered whether the landowner had to show some overt act as evidence of his lack of intention to dedicate the land. Dyson J said: ‘On the face of it, the language of the proviso is straightforward. All … Continue reading Regina v Secretary of State for Environment, Transport and Regions ex parte Dorset County Council: Admn 22 Jun 1999

Wildtree Hotels Ltd and others v Harrow London Borough Council: HL 22 Jun 2000

The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the section, it did not cease to be recoverable because the interruption was only temporary. Lord … Continue reading Wildtree Hotels Ltd and others v Harrow London Borough Council: HL 22 Jun 2000

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000

The defendant company sought to rely upon an exemption clause. Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the … Continue reading Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000

Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions: CA 23 Feb 2001

An inspector, determining an application to remove a public bridleway from the definitive map, and where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was correctly registered. Nevertheless, where there had been no evidence to … Continue reading Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions: CA 23 Feb 2001

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

Transport for London (Decision Notice): ICO 26 Mar 2014

The complainant requested information about Penalty Charge Notices (PCNs) to Transport for London (TfL). TfL initially stated that it did not hold the information as requested but at internal review it also stated that to try and comply with the request would exceed the appropriate limit in costs set by section 12(1) of the Freedom … Continue reading Transport for London (Decision Notice): ICO 26 Mar 2014

Whistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony): HL 8 Dec 2000

A master, engaged to fulfill a charterparty, was not free to choose a longer and slower route, when the shorter route was recommended and safe. His own perception of the safety of the route was not determinative. His rights to control navigation did not extend to a power to ignore the charterers instructions in fulfillment … Continue reading Whistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony): HL 8 Dec 2000

Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome. Held: It was not open to a local authority to refuse to contribute to a child’s travelling expenses to a … Continue reading Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001

A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority objected, and an inquiry was held. The inspector … Continue reading O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001

Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, … Continue reading Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

Jebson v Ministry of Defence: CA 28 Jun 2000

The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip. Held: Though a person could normally expect to be responsible himself for incidents occurring whilst drunk, the rule is not absolute. The defendant had assumed some responsibility … Continue reading Jebson v Ministry of Defence: CA 28 Jun 2000

Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000

A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost. Held: The residential use had been abandoned. The test was an objective one, looking … Continue reading Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000

Handelsveem Bv and Others v Coreck Maritime GmbH: ECJ 1 Dec 2000

When a court looked at a choice of the jurisdiction clause, it was not necessary that the clause should withoutmore establish the jurisdiction. A clause could be effective where the forum will be ascertainable at the time by reference to a the circumstances. In this case of the clause required a dispute under a bill … Continue reading Handelsveem Bv and Others v Coreck Maritime GmbH: ECJ 1 Dec 2000

Grand Duchy of Luxembourg v Linster and Others: ECJ 19 Sep 2000

Where a road or other development project would have a substantial impact on the environment, a law passed by a member state authorising the construction to proceed but which was in the absence of an impact assessment, was not in compliance with the Directive. It was not possible to bypass the procedure by use of … Continue reading Grand Duchy of Luxembourg v Linster and Others: ECJ 19 Sep 2000

Clarke (Inspector of Taxes) v Perks; MacLeod (Inspector of Taxes) v Same; Guild (Inspector of Taxes) v Newrick and Another: ChD 3 May 2000

The relief of foreign earnings given to those working as seafarers, did not apply to those working on a jack-up drilling rig with floating hull, and retractable legs., since this was not a ship. Being a seafarer involved the performance of duties on a ship. Definition in other acts suggested a vessel used in navigation. … Continue reading Clarke (Inspector of Taxes) v Perks; MacLeod (Inspector of Taxes) v Same; Guild (Inspector of Taxes) v Newrick and Another: ChD 3 May 2000

Cantabrica Coach Holdings Ltd v Vehicle Inspectorate: Admn 31 Mar 2000

Even though no underlying offence was suspected, the owner of tachograph records was required to hand them over to the inspector for inspection off the premises if necessary. An offer to allow inspection, but only at the record keeper’s offices was not a sufficient compliance with a requirement to hand them over. The express power … Continue reading Cantabrica Coach Holdings Ltd v Vehicle Inspectorate: Admn 31 Mar 2000