The installation of metered water supplies so as to cut off the supply of water automatically on non-payment was a threat to health and was unlawful. Citations: Times 06-Mar-1998, [1998] EWHC Admin 213 Links: Bailii Statutes: Water Industry Act 1991 61 Consumer, Utilities Updated: 27 May 2022; Ref: scu.138334
The parties disputed discharges from a sewer outfall into the Stourbridge canal which had been constructed by a regional water authority in about 1976, under the previous statutory regime. The relevant outfall was therefore already in use at the transfer date pursuant to a right enjoyed by the regional water authorities under the Public Health … Continue reading British Waterways Board v Severn Trent Water Ltd: CA 23 Mar 2001
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Judges: Lewison, King, David Richards LJJ Citations: [2018] WLR(D) 761, [2018] EWCA Civ 2795 Links: WLRD, Bailii Statutes: Water Industry Act 1991 141(1) Jurisdiction: England and Wales Utilities, Environment Updated: 27 April 2022; Ref: scu.631414
The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original system had, in 1937, served only one property, and therefore had remained … Continue reading City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Sep 2001
The taxpayers registration under the Construction Industry Scheme had been withdrawn. The Court was now asked whether HMRC are obliged, or at least entitled, to take into account the impact on the taxpayer’s business of the cancellation of its . .
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Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
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