Orange Business Belgium v Commission: ECFI 4 Jul 2016

ECJ (Judgment) Public service contracts – Tender procedure – Provision of ‘Trans-European Services for Telematics between Administrations – new generation (TESTAing)’ – Rejection of a tenderer’s bid – Award of the contract – Transparency – Equal treatment – Non-discrimination – Obligation to state reasons

T-349/13, [2016] EUECJ T-349/13
Bailii

European, Utilities

Updated: 18 January 2022; Ref: scu.566479

YARA Brunsbuttel v Hauptzollamt Itzehoe: ECJ 17 Dec 2015

ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 2003/96 / EC – Taxation of energy products and electricity – Article 2, paragraph 4 b) – dual use of energy products – Concept – Product energy used for thermal waste treatment and flue gas

C. Lycourgos, P
ECLI:EU:C:2015:836, [2015] EUECJ C-529/14 – CO
Bailii
Directive 2003/96/EC

European, Utilities

Updated: 17 January 2022; Ref: scu.565751

Baltic Cable AB v Energimarknadsinspektionen: ECJ 11 Mar 2020

(Judgment) Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72 / EC – Transmission of electricity – Concept of’ transmission system operator ‘- Regulation (EC) No 714/2009 – Interconnection – Transmission line connecting national transmission networks of the Member States – Article 16 (6) – Scope – Use of the revenue resulting from the allocation of interconnection capacity – Undertaking operating only a cross-border high voltage line ensuring the interconnection of two transmission networks national transport

C-454/18, [2020] EUECJ C-454/18, ECLI: EU: C: 2020: 189, [2019] EUECJ C-454/18_O
Bailii, Bailii
European

Utilities

Updated: 17 January 2022; Ref: scu.654847

Telecom Italia and Others v Roma Capital: ECJ 16 Jan 2020

(Approximation of Laws – Order) Reference for a preliminary ruling – Article 53 (2) and Article 94 of the Rules of Procedure of the Court – Approximation of laws – Electronic communications networks and services – Restrictions on the installation of mobile telephony relay antennas imposed by local authorities – Lack of sufficient details concerning the reasons justifying the need for an answer to the question referred for the purpose of resolving the dispute in the main proceedings – Manifest inadmissibility

C-368/19, [2020] EUECJ C-368/19_CO
Bailii
European

Utilities

Updated: 17 January 2022; Ref: scu.654738

National Telephone Co Ltd v Postmaster-General: HL 4 Jul 1913

By the Telegraph (Arbitration) Act 1909, sec. 1, questions arising under any agreement with the Postmaster-General relative to telegraphs or telephones may be referred for settlement to the Railway and Canal Commissioners.
Held that such a reference is to the Commissioners not as arbiters but as a court of record. Consequently there is a right of appeal from the Commission to the Court of Appeal upon questions of law.
Judgment of the Court of Appeal ([1913], 2 K.B. 614) affirmed.
Held, further, that the general right of appeal to the House of Lords given by the Appellate Jurisdiction Act 1876, sec. 3, is not taken away by the provisions of the Railway and Canal Traffic Act 1888, sec. 17, sub-sec. 5, that appeal shall only lie to the Court of Appeal.

Lord Chancellor (Haldane), Earl Loreburn, and Lords Atkinson, Shaw, Moulton, and Parker
[1913] UKHL 532, 51 SLR 532
Bailii
England and Wales

Arbitration, Utilities

Updated: 17 January 2022; Ref: scu.632751

Germany v Commission: ECFI 10 May 2016

ECJ (Judgment) State aid – Renewable energy – Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) – Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users – Decision declaring the aid partially incompatible with the internal market – Concept of State aid – Advantage – State resources

ECLI:EU:T:2016:281, [2016] EUECJ T-47/15
Bailii
European

Utilities, Environment

Updated: 15 January 2022; Ref: scu.563396

Telenor Magyarorszag v Nemzeti Media- es Hirkozlesi Hatosag Elnoke: ECJ 4 Mar 2020

(Opinion) Preliminary ruling – Telecommunications – Regulation (EU) 2015/2120 – Article 3 – Rights of end users – Access to an open Internet – Neutrality – Agreements or commercial practices limiting the exercise of these rights – Zero tariff – Privileged treatment granted to certain applications – Blocking or slowing down traffic

C-807/18, [2020] EUECJ C-807/18_O, ECLI: EU: C: 2020: 154, [2020] EUECJ C-807/18, [2020] EUECJ C-807/18_0
Bailii, Bailii, Bailii
European

Utilities

Updated: 14 January 2022; Ref: scu.654938

Acton Local Board v Batten: ChD 1884

A dispute arose during the development of Bedford Park, Chiswick. Mr Carr had sold some of his land to the defendant, who became the owner of four houses built on the land and the soil of the street which ran between them. Mr Carr still owned two houses in the same street, which was not yet adopted as a highway. Problems arose over the drainage of the street, and Mr Carr agreed with the plaintiff board that he would build a sewer along the street to one of its pumping stations. The defendant allowed Mr Carr to build part of this new sewer through his land, provided that he then connected the defendant’s houses with the sewer. Mr Carr subsequently defaulted on this agreement, and the defendant retaliated by blocking the sewer where it passed through his land. The plaintiff board, as the local authority in whom all the sewers within the district were vested, then sued the defendant for blocking the sewer. Mr Carr supported the plaintiffs in these proceedings, in which the defendant contended that the sewer was not vested in the local authority because it had been constructed by Mr Carr for the improvement and advantage of his property, and therefore for his own profit, thus falling within one of the exceptions in section 13 of the Act. He also contended that the drain was not a sewer within the meaning of section 4 of the Act.
Held: The court dismissed the first part of the defence because almost every sewer in every street of every suburb of every town in England might be considered a sewer made for the profit of the person who constructed it. He was satisfied that he should examine the purpose for which this sewer was built, and he found that it was made for the purpose of draining all the houses in the street, and this did not fall within the first exception in section 13(1). On the second part of the defence, the Court found that the sewer had been connected to three of the houses in the street before the defendant blocked it. Since the word ‘drain’ meant any drain of and used for the drainage of one building only, and the word ‘sewer’ had the meaning we have set out in paragraph 7 above, he was satisfied that this drain was a sewer. He said: ‘I therefore cannot have any doubt as to the meaning of the Act. It was to give the largest possible interpretation to the word `sewer’ and most clearly to include a drain like this, actually laid down and intended to be connected with all the houses in an intended street which required to be connected with it. That must be within the meaning of the word `sewer’, at any rate, after more than one house had been connected with it.’

Kay J
(1884) 27 ChD 283
Public Health Act 1875
England and Wales
Cited by:
CitedCity of Bradford Metropolitan District Council v Yorkshire Water Services Ltd Admn 19-Sep-2001
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 . .

Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 13 January 2022; Ref: scu.179851

Aquind and Others v Commission: ECFI 22 Apr 2020

Energy – European Energy Infrastructure – Order

Application for interim relief – Energy – Trans-European energy infrastructure – Regulation (EU) No 347/2013 – Commission Delegated Regulation amending Regulation No 347/2013 – Application for suspension of operation – No urgency

T-885/19, [2020] EUECJ T-885/19_CO, ECLI:EU:T:2020:155
Bailii
European

Utilities

Updated: 13 January 2022; Ref: scu.654960

Infineon Technologies Dresden v Commission (Judgment): ECFI 6 Oct 2021

State aid – Aid scheme implemented by Germany for certain large electricity consumers – Exemption from network charges for the period 2012-2013 – Decision declaring the aid scheme incompatible with the market internal and illegal and ordering the recovery of the aid paid – Action for annulment – Time-limit for bringing an action – Admissibility – Concept of aid – State resources

T-233/19, [2021] EUECJ T-233/19
Bailii
European

Utilities

Updated: 12 January 2022; Ref: scu.668556

Solar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change: CA 1 Mar 2016

This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the generation of electricity from renewable sources.

Tomlinson, Treacy, Floyd LJJ
[2016] EWCA Civ 117
Bailii
England and Wales
Citing:
Appeal fromSolar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change Admn 7-Nov-2014
The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute. . .

Cited by:
MentionedNational Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .

Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 10 January 2022; Ref: scu.560446

Drax Power Ltd and Another, Regina (on The Application of) v Hm Treasury and Others: Admn 10 Feb 2016

The claimant sought to challenge the removal of the exemption for renewable source electricity from the Climate Change Levy.
Held: Review was refused. The court rejected the Respondents’ submission that EU law has no application to the RSE Exemption at all and that therefore the claim must fail because at the national level legitimate expectations cannot be raised against a sovereign Parliament. The amendments to para. 19 of Schedule 6 to the FA 2000 are within the scope of EU law. The EU law principle of legal certainty, and its corollary the protection of legitimate expectations, require that the application of rules of law must be foreseeable by those subject to them, and that a breach of the EU law principle of foreseeability would also be a breach of domestic law on account of the European Communities Act 1972.
The Judge rejected the Claimants’ case that the legal test as to whether there had been a breach of the EU law principles of legal certainty and protection of legitimate expectations in the present case is reducible to the question whether a prudent and circumspect economic operator could have foreseen the possibility of a without notice withdrawal of the RSE Exemption in all the circumstances.
It was not possible to reconcile the various strands of ECJ jurisprudence and the Claimants could not succeed unless they established to his satisfaction that the Respondents promoted a legitimate expectation of there being no withdrawal of the RSE Exemption without a two year time limit (for which the Judge understood the Claimants to be contending), or equivalent fiscal benefit in lieu.
What was required was an express assurance by the Government that any withdrawal of the RSE Exemption would be coupled with the specific two year lead time, or that that might irresistibly be inferred from what Government had said and done such that the giving of such an assurance might be implied; in other words, the giving of something tantamount to an express assurance.
A prudent and circumspect operator should not have inferred that the RSE Exemption would not be removed without a two-year lead time. The Respondents had not created any legitimate expectation on the part of the Claimants to the effect that the RSE Exemption would not be withdrawn without providing a lead time of two-years, or equivalent value.

Jay J
[2016] EWHC 228 (Admin)
Bailii
European Communities Act 1972
England and Wales
Cited by:
Appeal fromInfinis Energy Holdings Ltd v HM Treasury and Another CA 21-Oct-2016
No breach of EU Legitimate Expectation
The appellant challenged rejection of its request for judicial review of a decision to remove financial support for its creation pf renewable energy.
Held: The appal failed. Althought eth claimant would indeed be severely affected, it had . .

Lists of cited by and citing cases may be incomplete.

Utilities, Constitutional, Customs and Excise

Updated: 10 January 2022; Ref: scu.559744

Commission v Belgium: ECJ 14 Jan 2016

ECJ Failure of a Member State to fulfil obligations – Article 343 TFEU – Protocol on the privileges and immunities of the European Union – Article 3 – Tax exemptions – Brussels-Capital Region – Contributions in respect of the supply of electricity and gas

[2016] EUECJ C-163/14
Bailii
Citing:
OpinionCommission v Belgium (Advocate Generals Opinion) ECJ 2-Jul-2015
ECJ Failure of a Member State to fulfil obligations – Protocol (No 7) on the Privileges and Immunities of the European Union – Article 3 – Fiscal immunity of the Union – Exemption – Regional gas and electricity . .

Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 09 January 2022; Ref: scu.559142

British Telecommunications Plc v Nottinghamshire County Council: Admn 21 Oct 1998

The court considered an appeal by case stated against a conviction on 2 informations under sections 71(1) and (5). One alleged a failure to comply with the prescribed requirements as to the specification of materials to be used in reinstating the street. The other alleged a failure to comply with the prescribed requirements as to the standards of workmanship to be observed in reinstating the street.

[1999] Crim LR 217, [1998] EG 147, [1998] EWHC Admin 989
Bailii
New Roads and Street Works Act 1991 71(1) 71(5)
England and Wales
Cited by:
CitedHertfordshire County Council v National Grid Gas Plc Admn 2-Nov-2007
The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of . .

Lists of cited by and citing cases may be incomplete.

Crime, Utilities

Updated: 07 January 2022; Ref: scu.139110

T-Mobile Czech Republic and Vodafone v Czech Republic: ECJ 6 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2002/22/EC (Universal Service Directive) – Costing of universal service obligations – Taking account of the rate of return on equity capital – Direct effect – Scope ratione temporis

C-508/14, [2015] EUECJ C-508/14, ECLI:EU:C:2015:657
Bailii
Directive 2002/22/EC
European

Utilities

Updated: 04 January 2022; Ref: scu.553105

OKG AB v Skatteverket: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2003/96/EC – Articles 4 and 21 – Directive 2008/118/EC – Directive 92/12/EEC – Article 3(1) – Scope – Rules of a Member State – Levying of a tax on the thermal power of nuclear reactors

ECLI:EU:C:2015:636, C-606/13, [2015] EUECJ C-606/13
Bailii
Directive 2008/118/EC, Directive 92/12/EEC, Directive 2003/96/EC

European, Taxes – Other, Utilities

Updated: 04 January 2022; Ref: scu.552877

Commission v Poland: ECJ 10 Sep 2015

Judgment – Failure to fulfill obligations – Internal market in natural gas – Directive 2009/73/EC – State intervention consisting of the obligation to apply the provision of prices approved by a national authority – ended Measuring time – Absence mandatory periodic review of necessity of this measure and the implementing rules thereof – Application to an unlimited set of beneficiaries, without distinction between clients or between specific situations – Proportionality

Rodin P
C-36/14, [2015] EUECJ C-36/14, ECLI: EU: C: 2015 570
Bailii
Directive 2009/73/EC
European

Utilities

Updated: 03 January 2022; Ref: scu.552171

Teliasonera Finland: ECJ 12 Nov 2009

ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings Obligation to negotiate in good faith Definition of ‘operator of public communications networks’ Articles 5 and 8 Powers of the national regulatory authorities Undertaking without significant market power
A national regulatory authority may intervene to prevent the imposition by a CP of interconnection terms likely to hinder the emergence of a competitive market even if that CP does not have significant market power.

J’C Bonichot, P
[2009] EUECJ C-192/08, C-192/08, [2009] ECR I-10717
Bailii
Directive 2002/19/EC
Citing:
OpinionTeliasonera Finland ECJ 14-May-2009
ECJ Opinion – Industrial policy – Electronic communications – Networks and services – Obligation to negotiate interconnection in good faith – Definition of operator of public communications networks – Undertaking . .

Cited by:
CitedBritish Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
CitedBritish Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
European, Utilities, Media

Updated: 03 January 2022; Ref: scu.551329

Regina v Secretary of State for Trade and Industry and Northern Electric Plc ex parte Wolf: Admn 21 Aug 1997

The landowner wanted to terminate a wayleave agreement.

Sedley J
[1997] EWHC Admin 782
England and Wales
Citing:
CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Lists of cited by and citing cases may be incomplete.

Land, Utilities

Updated: 03 January 2022; Ref: scu.137727

RWE Generation UK Plc v Gas and Electricity Markets Authority and Others: Admn 23 Jul 2015

Claim for judicial review of a decision of the Gas and Electricity Markets Authority (‘the Authority’) dated 25 July 2014 approving a modification to the methodology for calculating the charges imposed to recover the cost of investment in infrastructure forming the transmission system for conveying electricity.

Lewis J
[2015] EWHC 2164 (Admin)
Bailii
England and Wales

Utilities

Updated: 02 January 2022; Ref: scu.550599

The Department for Energy and Climate Change v Breyer Group Plc and Others: CA 28 Apr 2015

The companies had challenged canges by the Department to the schemes providing support for solar energy installations by way of the Feed-in-Tariff. They claimed substantial sums after the tariffs were reduced.

Lord Dyson MR, Richards, Ryder LJJ
[2015] EWCA Civ 408
Bailii
Energy Act 2008, Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010
England and Wales

Utilities

Updated: 29 December 2021; Ref: scu.545941

Prezes Urzedu Komunikacji Elektronicznej And Telefonia Dialog v T-Mobile Polska SA: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Articles 7 and 20 – Resolution of disputes between undertakings providing electronic communications networks or services – Obligation to implement the procedure laid down in Article 7(3) – Measure which may have an effect on trade between Member States – Directive 2002/19/EC – Article 5 – Powers and responsibilities of the national regulatory authorities with regard to access and interconnection – Directive 2002/22/EC – Article 28 – Non-geographic numbers

Ilesic P
C-3/14, [2015] EUECJ C-3/14, ECLI:EU:C:2015:232
Bailii
Directive 2002/21/EC 7 20, Directive 2002/19/EC 5, Directive 2002/22/EC 28

European, Utilities

Updated: 29 December 2021; Ref: scu.545451

Parliament v Council: ECJ 12 Feb 2015

ECJ Judgment – Action for annulment – Directive 2013/51/Euratom – Choice of legal basis – EAEC Treaty – Articles 31 EA and 32 EA – FEU Treaty – Article 192(1) TFEU – Protecting human health – Radioactive substances in water intended for human consumption – Legal certainty – Sincere cooperation among the institutions

R. Silva de Lapuerta, P
C-48/14, [2015] EUECJ C-48/14, ECLI:EU:C:2015:91
Bailii
Directive 2013/51/Euratom

European, Utilities

Updated: 28 December 2021; Ref: scu.543262

Austria v Commission: ECFI 11 Dec 2014

ECJ Judgment – State aid – Electricity – aid for energy-intensive businesses – Austrian Green Electricity Act – Decision declaring the aid incompatible with the common market – Concept of State aid – State resources – Imputability to the State – Selective nature – General Block Exemption Regulation – Abuse of power – Equal treatment

T-251/11, [2014] EUECJ T-251/11, ECLI:EU:T:2014:1060
Bailii

European, Utilities

Updated: 24 December 2021; Ref: scu.539886

Wincanton Rural District Council v Parsons: KBD 1905

The defendant had constructed a sewage drain to take discharge from his house. It ran for 250 feet to a catch-pit, and then continued for 70 feet under a highway and was then joined by a drain from another house. For this 70-foot stretch it was also used for carrying the surface water from the highway. This part of the drain (and the catch-pit) had been constructed by the tenant of the neighbouring property to prevent surface water from the highway flowing into his premises. The local authority had never adopted the highway. The plaintiffs complained of a statutory nuisance when the drain broke about six feet beyond the catch-pit, so that sewage collected in the catch-pit. The defendant contended that at this point the drain was a sewer which the plaintiffs were liable to repair themselves.
Held: Even if this was the case he had no defence to the charge, and he could at any time have ended the nuisance by ceasing to discharge his sewage into the pipe leading to the catch-pit. The question whether the stretch of drain beyond the catch-pit was or was not a sewer did not fall directly for decision, but was fully argued, and a decision was made on the point. The plaintiffs adduced two reasons for arguing that the drain was not a sewer, of which only one is relevant in the present context. This was to the effect that a drain which carried the sewage from one house and the rainwater from a highway did not come within the statutory definition of a sewer. The defendant on the other hand argued, like Mr Straker nearly 100 years later, that the pipe was a sewer because it drained the surface of the highway in addition to his building. Kennedy J: ‘I do not think it was a sewer. The pipe in question was not made by the appellants, nor was it adopted by them as a sewer. It was made by private persons for private purposes, to prevent surface water collecting on the highway from running thence onto their premises. And under those circumstances the mere fact that the respondent has for some years discharged the sewage from his house into the pipe cannot convert it into a sewer.’ Ridley J agreed that the pipe was not a sewer.

Kennedy J, Ridley J
[1905] 2 KB 34
England and Wales
Cited by:
CitedCity of Bradford Metropolitan District Council v Yorkshire Water Services Ltd Admn 19-Sep-2001
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 . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Utilities

Updated: 23 December 2021; Ref: scu.181795

Solar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change: Admn 7 Nov 2014

The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute.

[2014] EWHC 3677 (Admin)
Bailii
Cited by:
Appeal fromSolar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change CA 1-Mar-2016
This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the . .
CitedNational Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .

Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 23 December 2021; Ref: scu.538335

Alpiq Romindustries and Alpiq Romenergie v Commission: ECFI 16 Oct 2014

ECFI Judgment – State aid – Electricity – Preferential rates – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Action for annulment – Non-actionable measure – Measure completely performed using the date of commencement of proceedings – Inadmissible

T-129/13, [2014] EUECJ T-129/13, ECLI: EU T: 2014 895
Bailii
TFEU 108

European, Utilities

Updated: 22 December 2021; Ref: scu.537688

Alcoa Trasformazioni Srl v Republique Italienne: ECFI 16 Oct 2014

ECFI Judgment – State aid – Electricity – Preferential tariff – Decision declaring the aid incompatible with the common market and ordering its recovery – Advantage – Obligation to state reasons – Amount of aid – New aid

T-177/10, [2014] EUECJ T-177/10, ECLI: EU: T: 2014: 897
Bailii
European

European, Utilities

Updated: 22 December 2021; Ref: scu.537687

Essent Belgium v Vlaamse Reguleringsinstantie voor de Elektriciteits – en Gasmarkt: ECJ 11 Sep 2014

ECJ Judgment – References for a preliminary ruling – Regional support scheme providing for the issuance of tradable green certificates for facilities situated in the region concerned producing electricity from renewable energy sources – Obligation for electricity suppliers to surrender annually to the competent authority a certain quota of certificates – Refusal to take account of guarantees of origin originating from other Member States of the European Union and from States which are parties to the EEA Agreement – Administrative fine in the event of failure to surrender certificates – Directive 2001/77/EC – Article 5 – Free movement of goods – Article 28 EC – Articles 11 and 13 of the EEA Agreement – Directive 2003/54/EC – Article 3

L. Bay Larsen, P
C-204/12, [2014] EUECJ C-204/12, ECLI:EU:C:2014:2192
Bailii
Directive 2001/77/EC 5, Directive 2003/54/EC 3, EEA Agreement 11 13

European, Utilities

Updated: 21 December 2021; Ref: scu.536555

Drax Power Ltd, Regina (on The Application of) v Secretary of State for Energy and Climate Change: CA 7 Aug 2014

The respondent Seecretary of State appealed against a grant of judicial review of its decision that the claimant’s services did not qualify for an Investment Contract which was intended as a form of support for the generation of renewable energy.

Laws, Richards, Gloster LJJ
[2014] EWCA Civ 1153
Bailii
England and Wales

Utilities

Updated: 18 December 2021; Ref: scu.535645

An Taisce (The National Trust for Ireland), Regina (on The Application of) v Secretary of State for Energy and Climate Change and Another: CA 1 Aug 2014

The Claimant challenged by judicial review the decision of the Defendant to make an Order granting development consent for the construction of a European pressurised reactor nuclear power station at Hinkley Point in Somerset. They said that the respondent had not properly considered the effect of the works and plant on them in Ireland.

Longmore, Sullivan, Gloster LJJ
[2014] EWCA Civ 1111
Bailii
Directive 2011/92/EU
England and Wales

Planning, Environment, Utilities, European

Updated: 18 December 2021; Ref: scu.535519

Naturgy Energy Group v Commission (State Aid – Judgment): ECFI 8 Sep 2021

State aid – Environmental incentive measure adopted by Spain in favor of coal-fired power stations – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Obligation to state reasons – Manifest error of assessment – Selective character

T-328/18, [2021] EUECJ T-328/18, ECLI:EU:T:2021:548
Bailii
European

Utilities, Environment

Updated: 17 December 2021; Ref: scu.668111

On Tower UK Ltd v JH and FW Green Ltd: CA 7 Dec 2021

Terms of an agreement which is to be imposed on the parties pursuant to the electronic communications code contained in schedule 3A to the Communications Act 2003 (‘the Code’). More specifically, it relates to the extent of the upgrading and sharing rights which the respondent, On Tower UK Limited (‘On Tower’), should enjoy under that agreement.

Lord Justice Newey,
Lord Justice Dingemans,
And,
Lady Justice Whipple
[2021] EWCA Civ 1858
Bailii, Judiciary
England and Wales

Utilities, Contract

Updated: 17 December 2021; Ref: scu.670338

Sayer Re: 48 Woodland View: UTLC 24 Jun 2014

UTLC PARK HOMES – Pitch Fee Review – water – whether pitch fee included charge for the supply of water – whether annual RPI increase to apply to the whole pitch fee or only to that part not referable to the supply of water – Mobile Homes Act 1983 – Water Industry Act 1991, s.150 – Water Resale Order 2006 – appeal dismissed

[2014] UKUT 283 (LC)
Bailii
Mobile Homes Act 1983, Water Industry Act 1991 150, Water Resale Order 2006
England and Wales

Landlord and Tenant, Utilities

Updated: 16 December 2021; Ref: scu.534082

City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Sep 2001

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 a private sewer. Under the 1987 Act, if it was a drain, it could not be a sewer. The authority asserted that the drain served also a roadway, which was, itself, capable of constituting a property served by the drain, and that it became a sewer on the general statutory adoption in 1937. The question was answered by asking the question of why the drain had been constructed. It had not been constructed for the roadway, but for the house, the roadway was not, in this case, a premise for the purpose of the Act, and the drain was not a public sewer.

Lord Justice Brooke, Mr Justice Newman
Times 15-Nov-2001, [2001] EWHC Admin 687
Bailii
Environmental Protection Act 1990, Water Industry Act 1991, Public Health Act 1875
England and Wales
Citing:
CitedActon Local Board v Batten ChD 1884
A dispute arose during the development of Bedford Park, Chiswick. Mr Carr had sold some of his land to the defendant, who became the owner of four houses built on the land and the soil of the street which ran between them. Mr Carr still owned two . .
CitedWincanton Rural District Council v Parsons KBD 1905
The defendant had constructed a sewage drain to take discharge from his house. It ran for 250 feet to a catch-pit, and then continued for 70 feet under a highway and was then joined by a drain from another house. For this 70-foot stretch it was also . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Environment, Utilities

Updated: 16 December 2021; Ref: scu.166183

Solar Electric and Others v Commission (State Aid – Market for Electricity Produced From Renewable Energy Sources, Including Photovoltaic Energy – Judgment): ECFI 10 Nov 2021

State aid – Market for electricity produced from renewable energy sources, including photovoltaic energy – Obligation under French law to purchase electricity at a price higher than the market price – Rejection of a complaint – Article 12(1) and Article 24(2) Regulation (EU) 2015/1589 – Scope

T-678/20, [2021] EUECJ T-678/20, ECLI:EU:T:2021:780
Bailii
European

Utilities

Updated: 16 December 2021; Ref: scu.670045

Smeaton v Ilford Corporation: ChD 1954

Overloading caused the corporation’s foul sewer to erupt through a manhole and discharge ‘deleterious and malodorous matter’ into Mr Smeaton’s garden.
Held: The authority were not liable for the connections with the sewer and discharge of their sewage into it.
The court denied the possibility of pursuing a claim for damages in nuisance where there was a statutory remedy available: ‘No doubt the defendant corporation are bound to provide and maintain the sewers (see section 14 of the Public Health Act 1936), but they are not thereby causing or adopting the nuisance. It is not the sewers that constitute the nuisance; it is the fact that they are overloaded. That overloading, however, arises not from any act of the defendant corporation but because, under section 34 of the Public Health Act 1936 . . they are bound to permit occupiers of premises to make connexions to the sewer and to discharge their sewage therein . . Nor, in my judgment, can the defendant corporation be said to continue the nuisance, for they have no power to prevent the ingress of sewage into the sewer.’

Upjohn J
[1954] Ch 450, [1954] 1 All ER 923
Public Health Act 1936 14 34
England and Wales
Citing:
FollowedPride of Derby and Derbyshire Angling Association Ltd v British Celanese Ltd CA 1953
The plaintiff brought an action for nuisance against the local authority for having discharged insufficiently treated effluent into the river Derwent.
Held: The plaintiffs: ‘have a perfectly good cause of action for nuisance, if they can show . .

Cited by:
CitedMarcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
CitedBybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
CitedBarratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) SC 9-Dec-2009
The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to . .
CitedBarratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) QBD 1-Aug-2008
The parties disputed whether the water company had the right to refuse a connection with the public sewer at a point chosen by the developer.
Held: It would be objectionable to construe the statute in such a way as to preclude an undertaker . .

Lists of cited by and citing cases may be incomplete.

Utilities, Land

Updated: 13 December 2021; Ref: scu.188631

Corporation of Glasgow v Carter-Campbell: SCS 5 Mar 1901

(Court of Session Inner House Second Division) The proprietor of the lands of B, situated within and near to the northern boundary of the city of Glasgow, having pressed the Corporation to undertake a drainage scheme in order to facilitate his feuing, the Corporation constructed, inter alia, a sewer having a sectional area of not quite 7 1 2 square feet, under a road within the city boundary, which had been made one of the public streets of the city, and in a part of that road which ran northwards through the lands of A to the lands of B. The lands of A were not feued, and were used for agricultural purposes. No sewer had previously existed in this part of the road. The new sewer was calculated not merely to serve the purpose of draining the road and such houses as might be built fronting it, but also about 200 acres of prospective building land. The only building on any of the lands adjoining the part of the road in which this new sewer was laid, was the farmhouse and steading on the lands of A, and they were in existence before the sewer was constructed. This farmhouse and steading, although entering from and standing within 25 yards of the road, did not drain into the new sewer. The farm-steading and the agricultural land of the farm were entered in the valuation roll separately as regards both value and occupancy.
The Corporation, as representing the Board of Police, claimed payment under section 329 of the Glasgow Police Act 1866, from the proprietor of A of the proportion of the expense of constructing the sewer corresponding to his whole frontage to that part of the road in which the sewer was laid.
Held (aff. Lord Pearson, Ordinary, by a Court of Seven Judges) (1) that the sewer in question was an ‘ordinary public sewer’ within the meaning of the Glasgow Police Act 1866, the expense of which the proprietors of lands and heritages adjoining the road were bound, in terms of section 329, to defray in proportion to their respective frontages thereto; and (2) (by a majority consisting of the Lord Justice-Clerk, Lord Adam, Lord M’Laren, and Lord Kinnear,- diss. Lord Young and Lord Moncreilf) ( a) that the farmhouse and steading of A was ‘a building erected on a land or heritage adjoining’ the road within the meaning of section 329, ( b) that the proprietor of A was consequently bound now to make payment of his share of the expense of constructing the sewer, and ( c) that the amount so presently payable by him was not only the proportion of such expense effeiring to the extent of his frontage ex adverso of the farmhouse and steading of A, but the proportion corresponding to the whole frontage of the lands of A to that part of the road in which the new sewer was laid.

[1901] SLR 38 – 422
Bailii
Scotland

Utilities

Updated: 11 December 2021; Ref: scu.611491

British Waterways Board v London Power Networks Plc, Secretary of State for Trade and Industry: ChD 15 Nov 2002

The landowner objected to the proposal of the second respondent to grant, in favour of the first respondent, a wayleave to lay cables through tunnels owned by the claimant landowner.
Held: The tunnel structure was properly seen as land within the Act, and the way-leaves were properly granted. The argument that the meaning of the word ‘land’ must be restricted so as to avoid bizarre conclusions did not work. The right granted applied to all the subsections, or to none of them. Wayleaves through structures on or under land did not differ.

The Vice-Chancellor
Times 21-Nov-2002, Gazette 30-Jan-2003, [2002] EWHC 2417 (Ch)
Bailii
Electricity Act 1989 Sch 4 para 6
England and Wales

Utilities, Land

Updated: 06 December 2021; Ref: scu.178201

Commission of The European Communities v Hellenic Republic: ECJ 17 Jan 2008

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2002/91/EC – Energy policy – Energy saving – Failure to transpose within the prescribed period

C-342/07, [2008] EUECJ C-342/07
Bailii
Directive 2002/91/EC

European, Utilities, Environment

Updated: 04 December 2021; Ref: scu.526314

Commission v Germany: ECJ 22 May 2014

ECJ Opinion – Failure to fulfill obligations – Directive 2000/60/EC establishing a framework for Community action in the field of water – Article 2, paragraph 38 – Services related to water use – Article 2, paragraph 39 – water use – Article 9 – Recovery of costs of services related to the use of water – National legislation excluding certain services related to the use of water from the scope of the obligation of cost recovery – Collection water for irrigation, industrial purposes and consumption – Containment for hydropower, navigation and protection against floods – Water Storage – Treatment and distribution of water for industrial and agricultural purposes

Niilo Jaaskinen AG
C-525/12, [2014] EUECJ C-525/12 – O, [2014] EUECJ C-525/12
Bailii, Bailii
Directive 2000/60/EC

European, Utilities

Updated: 03 December 2021; Ref: scu.525830

Commission v Electricite de France: ECJ 2 Sep 2010

ECJ (Order) – Intervention – EFTA Surveillance Authority – Article 40, second and third paragraphs of the Statute of the Court’

C-124/10, [2010] EUECJ C-124/10 – P
Bailii
Cited by:
See AlsoCommission v Electricite de France ECJ 20-Oct-2011
ECJ Opinion – State Aid – Appeal – State aid – Selective tax exemption linked to an increase in share capital during the recapitalisation of an undertaking – Market economy investor principle – State acting as . .
See AlsoCommission v Electricite de France ECJ 5-Jun-2012
ECJ (Grand Chamber) Appeal – State aid – Waiver of a tax claim – Exemption from corporation tax – Increase in share capital – Conduct of a State acting as a prudent private investor in a market economy – Criteria . .

Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 02 December 2021; Ref: scu.523883

Bayliss v Secretary of State for Communities and Local Government and Others: CA 26 Feb 2014

Appeal against dismissal of a challenge to the decision of a planning Inspector appointed by the Secretary of State, who had allowed an appeal by the developer against the planning authority’s refusal of planning permission for the construction of a wind farm near Wareham in Dorset. The Inspector’s decision followed a nine-day public inquiry in 2012.

Laws, Jackson LJJ, Sir David Keene
[2014] EWCA Civ 347
Bailii
England and Wales
Citing:
Appeal fromBayliss v Secretary of State for Communities and Local Government and Others Admn 13-Jun-2013
Appeal against Inspector’s grant of permission for wind farm after a public inquiry. . .

Lists of cited by and citing cases may be incomplete.

Planning, Utilities

Updated: 02 December 2021; Ref: scu.523342

France Telecom Espana Sa v Organismo De Gestion Tributaria De La Diputacion De Barcelona: ECJ 30 Jan 2014

ECJ Preliminary reference – Networks and electronic communications services – Directive 2002/20/EC – Tax for private use or special use of the local public domain imposed on operators providing electronic communications services – Article 99 of the Rules of Procedure Court – Response can be clearly deduced from existing case law

C-25/13, [2014] EUECJ C-25/13
Bailii
Directive 2002/20/EC

European, Utilities

Updated: 02 December 2021; Ref: scu.523324

National Rivers Authority v Yorkshire Water Services Ltd: HL 21 Nov 1994

The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works and entered the river. The question was whether the defendant had caused the consequent pollution.
Held: The defence to a pollution charge is wider than that for a breach of licence condition. The statutory defence to a breach of consent also applies to the allegation of causing pollution. The word ’cause’ in the subsection should be used in its ordinary sense and ‘it is not right as a matter of law to add further requirements.’ and ‘Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewerage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol.’

Lord Mackay of Clashfern
Independent 01-Dec-1994, Times 21-Nov-1994, [1995] 1 AC 444, [1994] 3 WLR 1202, [1995] 1 All ER 225
Water Act 1989 107(1)(a) 108(7)
England and Wales
Citing:
Appeal fromNational Rivers Authority v Yorkshire Water Services Ltd QBD 19-Nov-1993
‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party. . .
Restricted to its factsWychavon District Council v National Rivers Authority QBD 16-Sep-1992
The council maintained the sewage system in its district as agent for the statutory authority, the Severn Trent Water Authority. It operated, maintained and repaired the sewers. As sewage authority, it received raw sewage into its sewers. On the . .
Restricted to its factsPrice v Cromack 1975
The defendant maintained two lagoons on his land into which, pursuant to an agreement, the owners of adjoining land discharged effluent. The lagoons developed leaks which allowed the effluent to escape into the river.
Held: The escape had not . .

Cited by:
Appealed toNational Rivers Authority v Yorkshire Water Services Ltd QBD 19-Nov-1993
‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party. . .
CitedEmpress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .

Lists of cited by and citing cases may be incomplete.

Environment, Utilities

Updated: 23 November 2021; Ref: scu.84193

National Rivers Authority v Yorkshire Water Services Ltd: QBD 19 Nov 1993

‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party.

Times 24-Nov-1993, Independent 19-Nov-1993
Water Act 1989 107(1)(a)
England and Wales
Citing:
Appealed toNational Rivers Authority v Yorkshire Water Services Ltd HL 21-Nov-1994
The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works . .

Cited by:
Appeal fromNational Rivers Authority v Yorkshire Water Services Ltd HL 21-Nov-1994
The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works . .

Lists of cited by and citing cases may be incomplete.

Environment, Utilities

Updated: 23 November 2021; Ref: scu.84195

Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013

Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland.

Lady Clark of Calton
[2013] ScotCS CSOH – 158
Bailii
Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) Act 1997, Electricity (Applications for Consent) Regulations 1990
Cited by:
At Outer HouseSustainable Shetland v The Scottish Ministers and Another SCS 3-Dec-2013
Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland. . .
At Outer HouseSustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review SCS 9-Jul-2014
Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel. . .
At Outer HouseSustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
Scotland, Environment, Utilities

Updated: 21 November 2021; Ref: scu.516334

Vodafone Omnitel Nv v Autorita Per Le Garanzie Nelle Comunicazioni: ECJ 18 Jul 2013

ECJ Electronic communications networks and services – Directive 2002/20/EC – Article 12 – Administrative charges imposed on undertakings in the sector concerned – National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities

Jarasiunas P
C-228/12, [2013] EUECJ C-228/12
Bailii
Directive 2002/20/EC 812

European, Utilities

Updated: 17 November 2021; Ref: scu.513419

Vodafone Malta Ltd v Avukat Generali: ECJ 27 Jun 2013

ECJ Electronic communications networks and services – Directive 2002/20/EC – Articles 12 and 13 – Administrative charges and fees for rights of use – Charge applicable to mobile telephony operators – National legislation – Method of calculating the charge – Percentage of the costs paid by users

C-71/12, [2013] EUECJ C-71/12
Bailii
Directive 2002/20/EC 12 13

European, Utilities

Updated: 14 November 2021; Ref: scu.511330

Bayliss v Secretary of State for Communities and Local Government and Others: Admn 13 Jun 2013

Appeal against Inspector’s grant of permission for wind farm after a public inquiry.

Hickinbottom J
[2013] EWHC 1612 (Admin)
Bailii
Cited by:
Appeal fromBayliss v Secretary of State for Communities and Local Government and Others CA 26-Feb-2014
Appeal against dismissal of a challenge to the decision of a planning Inspector appointed by the Secretary of State, who had allowed an appeal by the developer against the planning authority’s refusal of planning permission for the construction of a . .

Lists of cited by and citing cases may be incomplete.

Planning, Utilities

Updated: 14 November 2021; Ref: scu.510835

Cornerstone Telecommunications Infrastructure Ltd v University of The Arts London: UTLC 1 Sep 2020

ELECTRONIC COMMUNICATIONS CODE – CODE RIGHTS – paragraph 21 of the Code – whether prejudice to the site provider outweighs the public benefit of imposing an agreement – whether prejudice can be compensated in money – redevelopment by a third party – interim Code agreement, jurisdiction – terms of agreement – upgrading, sharing, access, compensation, equipment, electricity supplies, exclusion zones.

[2020] UKUT 248 (LC)
Bailii
England and Wales

Land, Utilities

Updated: 12 November 2021; Ref: scu.653287

Greenock Corporation: HL 1 Aug 1921

This Order was promoted to confer further powers on the Corporation in relation to their water undertaking, to increase the burgh general assessment and the public health general assessment, and for other purposes.
The clauses relating to the water undertaking were opposed, but ultimately agreement was reached.

Lord Donington, Lord Tweeddale, Mr F. C. Thomson, M.P. (Chairman), and Major A. C. Farquharson, M.P
[1921] UKHL 664 – 1, 58 SLR 664 – 1
Bailii
Scotland

Local Government, Utilities

Updated: 12 November 2021; Ref: scu.632641

Rochdale Borough Council v Dixon: CA 20 Oct 2011

The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply with the regulations, in that the notice failed to set out the consequences of the variation.
Held: The notice achieved substantial compliance. There was no hard edged list of effects, and a general understanding of the consequences of the alteration had been demonstrated in the tenants. The alteration was effective and not unfair, and the appeal failed.

Rix, Rimer, Elias LJJ
[2011] EWCA Civ 1173, [2011] 43 EG 105, [2012] PTSR 1336, [2012] HLR 6, [2011] 43 EG 105 (CS)
Bailii
Housing Act 1985 84 102 103, Local Authorities (Goods and Services) Act 1970 1, Water Consolidation (Consequential Provisions) Act 1991, Unfair Terms in Consumer Contracts Regulations 1999 5 6
England and Wales
Citing:
CitedLambeth London Borough Council v Thomas CA 31-Mar-1997
There had been an agreement between Lambeth and Thames Water when Thames Water was still a public water authority and when Lambeth collected water rates properly so called from its tenants on behalf of the water authority. No evidence of it in . .
ApprovedS, Regina (on the Application of) v A Social Security Commissioner and Others Admn 3-Sep-2009
The Claimant sought judicial review of a decision of the Defendant Social Security Commissioner refusing the Claimant (and six other appellants) permission to appeal against a decision of a Social Security Appeal Tribunal relating to their housing . .
CitedAttorney-General v Crayford Urban District Council CA 1962
The local authority had entered into an arrangement with a company for the collective insurance of its tenants’ household goods and certain personal effects and fixtures and fittings of the tenants or for which they were responsible, and invited the . .
CitedAkumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
CitedLondon and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
CitedRegina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
CitedDirector General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .

Cited by:
CitedPlevin v Paragon Personal Finance Ltd SC 12-Nov-2014
PPI Sale – No Recovery from Remote Parties
The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. . .

Lists of cited by and citing cases may be incomplete.

Housing, Utilities

Updated: 12 November 2021; Ref: scu.445857

Mann v Northern Electric Distribution Ltd: CA 26 Feb 2010

Climb over high fence was unforeseeable

The claimant appealed against dismissal of his claim for damages after suffering very severe injury when climbing onto an electricity substation. He said that the defendant had not satisfied its statutory obligation to fence off the substation. The fencing was a total of 19 feet high, and topped in part by razor wire. The claimant had climbed it by the use of pieces of wood debris nearby. He had in effect created a three tier and precarious wooden climbing structure, which the judge had found to be unforeseeable.
Held: The appeal failed. Whether the supplier has erected a fence high enough to discharge the duty under the regulation will depend on all its surrounding features. However, ‘the height speaks for itself and precludes our interference with the recorder’s finding. As the recorder observed, no amount of security measures will keep out a sufficiently determined trespasser. Thus, for example, no wall, however high, is proof against the trespasser who has brought a ladder of equal height: entry by such means may be foreseeable but it may nevertheless, for other reasons, not be reasonably practicable for the supplier to prevent it. By contrast entry by the means adopted in the present case was, according to the unassailable finding of the recorder, not foreseeable and it was, for that reason, not reasonably practicable for the defendant to take further steps in relation to its wall, even when viewed in the context of its surrounding features, in order to prevent it.’

Wilson LJ
[2010] EWCA Civ 141
Bailii
Electricity Supply Regulations 1988, SI 1988/1057
England and Wales
Citing:
CitedEdwards v National Coal Board CA 1949
A regulation encompassed a requirement to take specified action, so far as it is reasonably practicable, in order to prevent danger. Asquith LJ discussed the term: ”Reasonably practicable’ . . seems to me to imply that a computation must be made by . .
CitedAustin Rover Group Ltd v Her Majesty’s Inspector of Factories HL 1990
The relevant factors in the phrase the words ‘so far as is reasonably practicable’ are the foreseeable risk of injury and the cost of the preventive measures. ‘Sections 2 and 3 impose duties in relation to safety on a single person, whether an . .
CitedBaker v Quantum Clothing Group and Others CA 5-Jun-2009
The court considered a request that one of the three judges (Sedley LJ) recuse himself on the grounds of apparent bias. It was a case claiming damages for personal injury in the form of hearing losses incurred at work. Sedley LJ was Hon President of . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Utilities

Updated: 11 November 2021; Ref: scu.401839

Haley v London Electricity Board: HL 28 Jul 1964

Electricity undertakers owed a duty of care to blind persons as a class when they excavated a trench along a pavement in a London suburb because blind people foreseeably walk along pavements.

Reid, Morton of Henryton, Evershed, Hodson, Guest LL
[1964] 3 All ER 185, [1964] 3 WLR 479, [1965] AC 778, [1964] UKHL 3
Bailii
England and Wales
Cited by:
CitedBritish Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .

Lists of cited by and citing cases may be incomplete.

Utilities, Negligence, Personal Injury

Leading Case

Updated: 10 November 2021; Ref: scu.181272

Marcic v Thames Water Utilities Limited: HL 4 Dec 2003

The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The damages were restricted to the statutory ones. The defendant was regulated under the 1991 Act by the Director-General, who had enforcement powers. By 18(8), when a contravention occurred the means of enforcement provided was to be the sole remedy. The water company was not a normal land owner, but rather operated by virtue of the statutory scheme, and the statutory remedies excluded the common law ones. ‘Direct and serious interference of this nature with a person’s home is prima-facie a violation of a person’s right to respect for his private and family life (Article 8) and of his entitlement to peaceful enjoyment of his possessions (Article 1 of the First Protocol). The burden of justifying this interference rests with Thames Water. ‘ Even so, the claim under human rights law failed because of the existence of the statutory remedy. That scheme struck a reasonable balance. Parliament had acted well within its bounds as policy maker.

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote
[2003] UKHL 66, Times 05-Dec-2003, Gazette 29-Jan-2004, [2004] 2 AC 42, [2003] 50 EGCS 95, [2003] 3 WLR 1603, [2004] 1 All ER 135, [2003] NPC 150, 91 Con LR 1, [2004] BLR 1, [2004] UKHRR 253, [2004] Env LR 25, [2004] HRLR 10
House of Lords, Bailii
Water Industry Act 1991 18(8) 94(1), European Convention on Human Rights 8
England and Wales
Citing:
Appeal fromThames Water Utilities Limited v Marcic CA 7-Feb-2002
The claimant owned land over which sewage and other water had spilled from the appellant’s sewage works. His claim having been dismissed under Rylands v Fletcher, and there being no statutory means of obtaining compensation, the judge was asked to . .
CitedRobinson v Workington Corporation CA 1897
Mr Robinson’s houses were damaged by water overflowing from the council’s public sewers. The sewers were adequate until new houses were built. He claimed damages in respect of the council’s failure to build a new sewer of sufficient dimensions to . .
CitedPasmore v Oswaldtwistle Urban District Council HL 1898
Where an Act creates an obligation, and enforces the performance in a specified manner, it is a general rule that performance cannot be enforced in any other manner.
Earl of Halsbury LC said: ‘The principle that where a specific remedy is given . .
CitedHesketh v Birmingham Corporation 1924
The court rejected a claim for nuisance where a claim was available under the 1875 Act. . .
CitedSmeaton v Ilford Corporation ChD 1954
Overloading caused the corporation’s foul sewer to erupt through a manhole and discharge ‘deleterious and malodorous matter’ into Mr Smeaton’s garden.
Held: The authority were not liable. e connections with the sewer and to discharge their . .
CitedGoldman v Hargrave PC 13-Jun-1966
(Australia) In Western Australia, a red gum tree was struck by lightning and set on fire. The appellant had the tree cut down, but took no reasonable steps by spraying the fire with water to prevent the fire from spreading, believing that it would . .
CitedLeakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
CitedHolbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 22-Feb-2000
Land owned by the defendant was below a cliff, at the top of which was the claimant’s hotel. The land slipped, and the hotel collapsed. Some landslip was foreseen from natural causes, but not to the extent of this occasion.
Held: The owner of . .
CitedDelaware Mansions Limited and others v Lord Mayor and Citizens of the City of Westminster HL 25-Oct-2001
The landowner claimed damages for works necessary to remediate damage to his land after encroachment of tree roots onto his property.
Held: The issue had not been properly settled in English law. The problem was to be resolved by applying a . .
CitedHatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
CitedBaron v Portslade Urban District Council 1900
The local authority was held liable for omitting to clean a sewer. The existence of a procedure for the enforcement of statutory duties did not exclude common law remedies for common law torts, such as a nuisance arising from failure to keep a sewer . .
CitedPride of Derby and Derbyshire Angling Association Ltd v British Celanese Ltd CA 1953
The plaintiff brought an action for nuisance against the local authority for having discharged insufficiently treated effluent into the river Derwent.
Held: The plaintiffs: ‘have a perfectly good cause of action for nuisance, if they can show . .
CitedBuckley v The United Kingdom ECHR 25-Sep-1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .
At First InstanceMarcic v Thames Water Utilities Ltd TCC 14-May-2001
. .
At First instanceMarcic v Thames Water Utilities Ltd TCC 10-Jul-2001
. .

Cited by:
CitedLough and others v First Secretary of State Bankside Developments Ltd CA 12-Jul-2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach . .
CitedAndrews v Reading Borough Council QBD 29-Apr-2004
The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent.
Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, . .
CitedInland Revenue and Another v Deutsche Morgan Grenfell Group Plc CA 4-Feb-2005
The company sought repayment of excess advance corporation tax payments made under a mistake of law. The question was the extent of the effect of the ruling in Klienwort Benson, in particular whether it covered sums paid as taxation, and how the law . .
CitedMuck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening CA 15-Sep-2005
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and . .
CitedDeutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
CitedTotal Network Sl v Revenue and Customs HL 12-Mar-2008
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations . .
CitedDobson and others v Thames Water Utilities Ltd and Another CA 29-Jan-2009
The claimants complained of odours and mosquitoes affecting their properties from the activities of the defendants in the conduct of their adjoining Sewage Treatment plant. The issue was as to the rights of non title holders to damages in nuisance . .
CitedBarratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) SC 9-Dec-2009
The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to . .
CitedThe Child Poverty Action Group v Secretary of State for Work and Pensions SC 8-Dec-2010
The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedPrudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .

Lists of cited by and citing cases may be incomplete.

Utilities, Environment, Nuisance, Human Rights

Leading Case

Updated: 10 November 2021; Ref: scu.188435

T-Mobile Austria v Telekom-Control-Kommission: ECJ 22 Jan 2015

ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 5(6) – Rights of use for radio frequencies and numbers – Directive 2002/21/EC – Article 4(1) – Right of appeal against a decision of a national regulatory authority – Meaning of ‘undertaking affected by a decision of a national regulatory authority’ – Article 9b – Transfer of individual rights to use radio frequencies – Reallocation of rights to use radio frequencies following the merger of two undertakings

M Ilesic P
C-282/13, [2015] EUECJ C-282/13
Bailii
Directive 2002/20/EC 5(6), Directive 2002/21/EC 4(1)
European

Utilities

Updated: 10 November 2021; Ref: scu.541743

British Telecommunications Plc v Telefonica O2 UK Ltd: SC 9 Jul 2014

The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Held: The appeal was allowed unanimously and the decision of the CAT re-establised. BT was free to set the tarriff as they had first done.
Where the terms of the contract permit variation, Ofcom should give effect to that variation unless it would be inconsistent with its regulatory objectives, including under the welfare test.
Lord Sumption said: ‘As a general rule, the scope of a contractual discretion will depend on the nature of the discretion and the construction of the language conferring it. But it is well established that in the absence of very clear language to the contrary, a contractual discretion must be exercised in good faith and not arbitrarily or capriciously [citing Abu Dhabi, Gan, and Paragon, above]. This will normally mean that it must be exercised consistently with its contractual purpose [citing Ludgate Insurance, above and Equitable Life Assurance Society v Hyman [2002] 1 AC 408, 459 (Lord Steyn), 461 (Lord Cooke of Thorndon)].’
. . And ‘ it is not consistent with either the contract or the scheme of the Directives for Ofcom to reject charges simply because they might have adverse consequences for consumers, in the absence of any reason to think that they would. It is not consistent with the contract because it prevents BT from exercising its discretion to alter its charges in circumstances where there is no reason to suppose, and Ofcom has not found, that the limits of that discretion have been exceeded. It is inconsistent with the scheme of the Directives because it involves applying an extreme form of the precautionary principle to a dynamic and competitive market, in a manner which is at odds with the Directives’ market-oriented and essentially permissive approach. Logically, given the inherent difficulty of forecasting the extent of any direct or indirect effects, and the practical impossibility of forecasting the mobile tariff package effect, it would rule out any increases in termination charges other than those justified by reference to underlying costs. ‘

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Hodge
UKSC 2012/0204, [2014] UKSC 42, [2014] Bus LR 765
SC, SC Summary, SC Video, Bailii, Bailii Summary
Directive 2002/21/EC, Directive 2002/19/EC, Communications Act 2003 190
England and Wales
Citing:
At CATTelefonica O2 Uk Ltd v Office of Communications and Another CAT 7-Oct-2010
OFCOM had disallowed a new termination tarriff imposed by BT on mobile network operators.
Held: The appeal succeeded. BT had the right to vary its charges subject to compiance with the appropriate European objectives and directives. Since the . .
CitedCommission v Poland (Industrial Policy) ECJ 13-Nov-2008
ECJ Failure of a Member State to fulfil obligations Electronic communications Networks and services Directive 2002/19/EC (Access Directive) Article 4(1) and the first subparagraph of Article 5(1) Incorrect . .
CitedTeliasonera Finland ECJ 12-Nov-2009
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings . .
CitedAbu Dhabi National Tanker Co v Product Star Shipping Ltd (No 2) CA 1993
Where parties enter into a contract which confers a discretion on one of them, the discretion must be exercised honestly and in good faith, and not ‘arbitrarily, capriciously or unreasonably’. The owner had acted unreasonably in that there was no . .
CitedLudgate Insurance Company Limited v Citibank NA CA 26-Jan-1998
Brooke LJ said that the circumstances in which the court will interfere with the exercise by a party to a contract of a contractual discretion given to it by another party are extremely limited. The courts will not intervene where the discretion is . .
CitedEquitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
CitedGan Insurance Co Ltd v Tai Ping Insurance Co Ltd CA 3-Jul-2001
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to . .
CitedParagon Finance plc v Nash etc CA 15-Oct-2001
The court was asked to consider whether there was any implied term limiting the power of a mortgagee to set interest rates under a variable rate mortgage.
Held: A loan arrangement which allowed a lender to vary the implied rate of interest, . .
CitedT-Mobile (UK) Ltd v British Telecommunications Plc CAT 20-May-2008
The dispute resolution functions of Ofcom are regulatory . .
CitedTeliasonera Finland ECJ 12-Nov-2009
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings . .
Appeal fromTelefonica O2 UK Ltd and Others v British Telecommunications Plc and Another CA 25-Jul-2012
BT had introduced a new tarriff for termination charges in respect of calls made from mobile phones to 08 numbers.
Held: The Court overruled the CAT and restored the decision of Ofcom. The CAT had been wrong to attach weight to their view that . .

Cited by:
CitedBraganza v BP Shipping Ltd SC 18-Mar-2015
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the . .

Lists of cited by and citing cases may be incomplete.

Utilities, Media, Contract, Commercial, European

Updated: 09 November 2021; Ref: scu.533879

Tate and Lyle Sugars Ltd v Secretary of State for Energy and Climate Change and Another: CA 3 Jun 2011

The company had developed a means of generating electricity from their excess sugar supplies, and challenged the support given to it by the respondent and in particular that the 2009 Order allowed the respondent to favour some types of energy generation, and had been based upon mistaken information.
Held: The appeal failed: ‘even if the appellant’s premise is correct, and the court is satisfied that the appellant’s technology would have been banded more favourably had the correct costs information been used, this did not compel the Secretary of State to carry out the review on the limited basis advanced by the appellant . . the usual situation requires a public body to reach decisions in the light of all the information then available.’
Elias LJ said: ‘I recognise that fairness is an important principle of public law but in determining what is fair in any particular context it is necessary to have regard to the wider public interest. I am not persuaded that as a consequence of this review the Appellant is being unfairly treated. They are in fact receiving the appropriate subsidy for someone incurring the costs involved in developing their particular technology. It is true that they were not obtaining the windfall resulting from the increase in electricity prices which they would have received had no error been made. Furthermore, it may be the case that other producers are receiving a windfall as a result of that price increase and will continue to do so until their technologies are reviewed (although as I have said there will be no windfall if costs have outstripped the electricity price). That is not, in my judgment, a sufficient reason to confer this benefit on the Appellant. It may be bad luck that but for the error the Appellant would have been treated more favourably than was necessary properly to subsidise their technology, particularly since some others will have received the more favourable treatment. It does not follow that it was unfair and an abuse of power to carry out a full review.’

Longmore, Aikens, Elias LJJ
[2011] EWCA Civ 664
Bailii
Directive 2001/77/EC on the promotion of electricity from renewable energy sources in the internal electricity market, Renewables Obligation Order in 2002, Renewables Obligations Order 2009
England and Wales
Citing:
Appeal fromTate and Lyle Industries Ltd and Another, Regina (on The Application of) v Secretary of State for Energy and Climate Change and Another Admn 2-Nov-2010
The claimant sought judicial review of the 2009 Order, complaining of the reduced allocation to it of a renewables obligation certificate.
Held: The claim failed. . .
CitedRegina v Secretary of State for the Home Department, ex parte Zeqiri HL 24-Jan-2002
The applicant sought to resist an order for his return to Germany, the first country of call after escaping Kosovo. He asserted that Germany was not complying with its international obligations. He said the Gashi case had created a legitimate . .
CitedRegina (Kelsall and Others) v Secretary of State for Environment Food and Rural Affairs) Admn 13-Mar-2003
The claimants were mink farmers. They challenged the order arranging compensation for the closure of their businesses following the ban on fur farming.
Held: The provisions of the order were arbitrary and unfair, failing to take into account . .
CitedRashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
CitedMiddlebrook Mushrooms Ltd, Regina (on the Application of) v Agricultural Wages Board of England and Wales Admn 18-Jun-2004
The company complained that whereas the generality of employers in agriculture were exempt from control under the minimum wage system, mushroom growers had not been exempted.
Held: The withdrawal of the exemption was irrational and . .

Cited by:
CitedLondon Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .

Lists of cited by and citing cases may be incomplete.

European, Environment, Utilities, Administrative

Updated: 09 November 2021; Ref: scu.440316

Vodafone (Electronic Communications – End Users’ Rights – Judgment): ECJ 2 Sep 2021

Management of Internet User Agreements

Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – ‘Zero tariff’ excluded in the case of roaming

C-854/19, [2021] EUECJ C-854/19, ECLI:EU:C:2021:675
Bailii
European

European, Utilities

Updated: 09 November 2021; Ref: scu.668128

Sustainable Shetland v The Scottish Ministers and Another (Scotland): SC 9 Feb 2015

Wind Farm Permission Took Proper Account

Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
Held: The appeal failed.
It was clear that the Ministers had properly considered the effect on the whimbrel and had concluded that even without mitigation the effect would not be substantial. The reference to the benefits of the project as balancing considerations was a fall-back position which would only have come into play if the primary reasoning were not accepted: ‘the ministers did have regard to the desirability of improving the conservation status of the whimbrel on the islands in general, rather than simply avoiding significant loss due to this proposal. They were entitled to attach weight to the fact that the HMP would result in one third of the whimbrel population of the UK being taken under active management, and to regard it as an exceptional opportunity to improve understanding of the species and its habitat and of the measures necessary to conserve it. ‘

Lord Neuberger, President, Lord Sumption, Lord Reed, Lord Carnwath, Lord Hodge
[2015] Env LR 23, 2015 SCLR 224, [2015] 3 CMLR 4, 2015 GWD 5-113, [2015] UKSC 4, [2015] 2 All ER 545, 2015 SLT 95, UKSC 2014/0216
Bailii, Bailii Summary, SC, SC Summary, SC Video
Electricity Act 1989 36, Birds Directive (2009/147/EC), Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000
Scotland
Citing:
At Outer HouseSustainable Shetland, Re Judicial Review SCS 24-Sep-2013
Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. . .
Second DivisionSustainable Shetland v The Scottish Ministers and Another SCS 3-Dec-2013
Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland. . .
Inner HouseSustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review SCS 9-Jul-2014
Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel. . .
CitedRegina v Secretary of State for the Environment, ex parte Royal Society for the Protection of Birds ECJ 11-Jul-1996
(Judgment) When designating an area of land as a wild bird special protection site, economic factors were to be excluded.
ECJ Article 4(1) or Article 4(2) of Directive 79/409 on the conservation of wild . .
CitedLigue Royale Belge pour la Protection des Oiseaux and Societe d’etudes Ornithologiques AVES v Region Wallonne ECJ 12-Dec-1996
ECJ 1 Environment – Conservation of wild birds – Directive 79/409 – Implementation by the Member States – Derogations from the prohibition of killing or capturing protected species – Condition – Absence of any . .
CitedTrump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 17-Oct-2013
Outer House – Court of Session – This petition for judicial review challenged the decisions of the Scottish Ministers (a) not to hold a public inquiry, and (b) to grant consent under section 36 of the Electricity Act 1989 for the construction and . .

Lists of cited by and citing cases may be incomplete.

Planning, Utilities, Environment

Leading Case

Updated: 09 November 2021; Ref: scu.542337

The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc: SC 2 Jul 2014

The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their owners.’
Held: The appeals of the sewerage company succeeded. Such discharges were in their nature a trespass, and could not be supported without statutory authority. Though the 1991 Act impliedly retained the rights for sewerage undertakers to discharge surface and other non-polluting water into private courses where they had already existed, such rights were not created withoutmore over new outfalls unless the owner of the private watercourse consented.
Lord Sumption said: ‘In my opinion, when the Water Industry Act 1991 (i) imposed on the privatised sewerage undertakers duties which it could perform only by continuing for a substantial period to discharge from existing outfalls into private watercourses, (ii) at the same time applied to them the statutory restrictions in section 116 on discontinuing the use of existing sewers, it implicitly authorised the continued use of existing sewers. A restriction on discontinuing the use of an existing sewer until an alternative has been constructed is not consistent with an obligation to discontinue its use forthwith under the law of tort. The inescapable inference is that although there is no provision of the Act of 1991 from which a general right of discharge into private watercourses can be implied, those rights of discharge which had already accrued in relation to existing outfalls under previous statutory regimes survived.’
Lord Neuberger said: ‘sewerage undertakers have the statutory right to discharge surface water and treated effluent into streams and canals (subject to payment of compensation for any damage thereby caused), but only in respect of outfalls in existence before the coming into force of the 1991 Act. I agree with the reasons given by Lord Sumption and Lord Toulson although I would place greater weight on the assistance which can be gained from the provisions of the earlier legislation relating to public sewers and the Interpretation Act 1978’

Lord Neuberger, President, Lord Clarke, Lord Sumption, Lord Hughes, Lord Toulson
[2014] 1 WLR 2576, [2014] UKSC 40, [2014] 4 All ER 40, [2014] WLR(D) 291, UKSC 2013/0074, UKSC 2013/0072
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC, SC Summary
Water Industry Act 1991, Public Health Act 1875, Public Health Act 1936, Water Act 1989, Interpretation Act 1978
England and Wales
Citing:
At first instanceThe Manchester Ship Canal Company Ltd v United Utilities Water Plc ChD 14-Feb-2012
The claimant canal owners challenged the use of outfalls by the respondent sewerage plant operator to discharge unpolluted surface water into their canals. The defendants now sought summary dismissal of the claims saying they were bound to fail . .
CitedDurrant v Branksome Urban District Council 1897
The right of discharge was implicit in the express terms of section 17 of the 1875 Act, which by restricting the right to discharge foul water into any watercourse impliedly recognised the existence of a right to discharge treated effluent and . .
CitedManchester Corporation v Farnworth HL 1930
The House was asked as to the result in law when a nuisance is the inevitable result of carrying out the functions authorised by Parliament.
Held: Viscount Dunedin said: ‘When Parliament has authorized a certain thing to be made or done in a . .
CitedAllen v Gulf Oil Refining Ltd HL 29-Jan-1980
An express statutory authority to construct an oil refinery carried with it the authority to refine. It was impossible to construct and operate the refinery upon the site without creating a nuisance. Lord Wilberforce said: ‘It is now well settled . .
CitedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
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 . .
CitedDurrant v Branksome Urban District Council CA 1897
A right to discharge surface water and treated effluent into private watercourses was impliedly conferred on local authorities by the Public Health Act 1875. Section 15 of that Act imposed on local authorities a duty to cause such sewers to be made . .
CitedBritish Waterways Board v Severn Trent Water Ltd CA 23-Mar-2001
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 . .
CitedBradford v Mayor of Eastbourne 1896
Lord Russell CJ said of section 13: ‘the vesting . . is not a giving of the property in the sewer and in the soil . . but giving such ownership and such rights only as are necessary for the purpose of carrying out the duties of a local authority’ . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
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 of its property . .

Lists of cited by and citing cases may be incomplete.

Utilities, Land

Updated: 09 November 2021; Ref: scu.533881

Commission v Austria: ECJ 4 May 2016

ECJ (Judgment) Failure of a Member State to fulfil obligations – Article 4(3) TEU – Article 288 TFEU – Directive 2000/60/EC – EU water policy – Article 4(1) – Prevention of deterioration of the status of bodies of surface water – Article 4(7) – Derogation from the prohibition of deterioration – Overriding public interest – Authorisation to construct a hydropower plant on the Schwarze Sulm River (Austria) – Deterioration of the water status

C-346/14, [2016] EUECJ C-346/14
Bailii
Directive 2000/60/EC 4(1), TFEU 288

European, Utilities

Updated: 09 November 2021; Ref: scu.563111

Ground Rents (Regisport) Ltd v Dowlen and Others: UTLC 22 Apr 2014

groundrents_UTLC_0414

UTLC LANDLORD AND TENANT – service charges – lengthy delay by utility provider in delivering invoices to new landlord – invoices delivered to previous landlord – when costs ‘incurred’ – section 20B Landlord and Tenant Act 1985 – service charge certificate conclusive of the amount of the service charge – whether landlord entitled to increase service charge for years previously certified – appeal allowed

Martin Rodger QC, Deputy President
[2014] UKUT 144 (LC)
Bailii
England and Wales
Citing:
CitedGilje and others v Charlgrove Securities Ltd CA 4-Oct-2001
The court was asked as to the liability of five underlessees to pay the rent for a caretaker employed by the landlord. The lease envisaged a caretaker living in the building. Previously the caretaker had been paid a larger wage but had then paid a . .
CitedOM Property Management Ltd v Burr CA 3-May-2013
The claimant managed a development where the respondent was one of the tenants. Through a mix up, the company had failed to collect sufficient sums to discharge communal fuel service charges. They now sought payment of the apportioned but . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Utilities

Updated: 09 November 2021; Ref: scu.525946

Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998

A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that diesel flowed into the drum until it overflowed.
Held: Whether a defendant caused an escape into a river was not defeated by an additional intervening cause. The question was, had an act been done and did it contribute forseeably to the escape. Acts of third parties and natural events are not defences to the strict criminal liability imposed by section 85(1) of the Water Resources Act 1991 for polluting controlled waters unless they are really exceptional events. The court discouraged too mechanical an approach to causation: ‘The first point to emphasise is that common sense answers to questions of causation will differ according to the purpose for which the question is asked. Questions of causation often arise for the purpose of attributing responsibility to someone, for example, so as to blame him for something which has happened or to make him guilty of an offence or liable in damages. In such cases, the answer will depend upon the rule by which the responsibility is being attributed.’

Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Hoffmann, Lord Clyde
Gazette 26-Feb-1998, Times 09-Feb-1998, Gazette 25-Mar-1998, [1998] 2 WLR 350, [1998] UKHL 5, [1999] 2 AC 22, [1998] 1 All ER 481
House of Lords, Bailii
Water Resources Act 1991 85(1)
England and Wales
Citing:
Appeal fromEmpress Car Company (Abertillery) Limited v National Rivers Authority (Now, Environment Agency) Admn 11-Dec-1996
. .
CitedGaloo Ltd and Others v Bright Grahame Murray CA 21-Dec-1993
It is for the Court to decide whether the breach of duty was the cause of a loss or simply the occasion for it by the application of common sense. A breach of contract, to found recovery, must be shown to have been ‘an ‘effective’ or ‘dominant’ . .
CitedAlphacell Ltd v Woodward HL 3-May-1972
The defendant operated a paper manufacturing plant which involved maintaining tanks of polluting liquid near the river, so that pollution would occur if they overflowed. There were pumps which ought normally to have drawn off the liquid and . .
DisapprovedPrice v Cromack 1975
The defendant maintained two lagoons on his land into which, pursuant to an agreement, the owners of adjoining land discharged effluent. The lagoons developed leaks which allowed the effluent to escape into the river.
Held: The escape had not . .
DisapprovedWychavon District Council v National Rivers Authority QBD 16-Sep-1992
The council maintained the sewage system in its district as agent for the statutory authority, the Severn Trent Water Authority. It operated, maintained and repaired the sewers. As sewage authority, it received raw sewage into its sewers. On the . .
CitedNational Rivers Authority v Yorkshire Water Services Ltd HL 21-Nov-1994
The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works . .
CitedWeld-Blundell v Stephens HL 1920
The plaintiff had been successfully sued for a libel contained in a document which he had supplied to his accountant.
Held: He could not recover the damages he had had to pay to the defamed party from his accountant, who had negligently left . .
CitedStansbiev Troman CA 1948
A decorator working alone in a house went out to buy wallpaper and left the front door unlocked. He was held liable for the loss caused by a thief who entered while he was away. For the purpose of attributing liability to the thief (e.g. in a . .
Wrongly decidedImpress (Worcester) Ltd v Rees QBD 1971
The appellants kept a fuel oil storage tank with an unlocked valve in their yard near the river. An unauthorised person entered during the night and opened the valve. The justices convicted.
Held: The appeal was allowed. ‘On general principles . .
CitedMediterranean Freight Services Ltd v BP Oil International Ltd (The Fiona) CA 27-Jul-1994
A ship owner is to have made his ship seaworthy in order to claim an indemnity for dangerous fuel set alight by a third party. He was not entitled to claim where the failure to keep the ship seaworthy was his own.
Hirst LJ said: ‘The inclusion . .
CitedNational Rivers Authority v Wright Engineering Co Ltd QBD 19-Nov-1993
Escape following vandalism was not ’caused’ by the company. It was not foreseeable. Although there had been past incidents of vandalism at the defendant’s premises, ‘the vandalism involved was not reasonably foreseeable because it was out of all . .
CitedWelsh Water Authority v Williams Motors (Cwmdu) Ltd QBD 1-Dec-1988
Oil was supplied to Williams Motors by Autobrec Oils and there was spillage from an offset fuel pipe out of sight of the delivery driver. Some of the spilt oil got into the storm drainage, and thus into a canal. Williams Motors were charged under . .
CitedRegina v CPC (UK) Ltd, CPC (UK) Ltd v National Rivers Authority CACD 4-Aug-1994
The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory.
Held: Although the . .

Cited by:
CitedTransco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
CitedFairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
CitedRegina v Immigration Appeal Tribunal and Another ex parte Shah HL 25-Mar-1999
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as . .
CitedExpress Ltd v The Environment Agency QBD 15-Jul-2004
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer.
Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though . .
CitedChester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
AppliedRegina v Finlay CACD 8-Dec-2003
The defendant appealed from his conviction for manslaughter. He had been found to have prepared heroin by loading it into a syringe and passing it to a friend.
Held: Even if ‘the appellant had not himself wielded the syringe, he would have . .
CitedCommissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 11-Feb-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
CitedRegina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
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 . .
CitedRegina v RL and JF CACD 28-Aug-2008
Club, nt members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .

Lists of cited by and citing cases may be incomplete.

Environment, Utilities

Leading Case

Updated: 09 November 2021; Ref: scu.135165

Secretary of State for Energy and Climate Change v Friends of The Earth and Others: CA 25 Jan 2012

The Secretary had issued a consultation on the payments for solar energy feed-in-tarriffs, with a view to the new rate being brought in in April 2012. As the consultation ended, he proposed to reduce rates from December 2011. He now appealed against a finding that this was unlawful.
Held: Permission to appeal was granted, but the appeal failed. The effect of the proposed modifications were retrospective, and could not be supported without an express statutory power.
Moses LJ said: ‘I should record that the proposed modifications remain proposals. There was an issue before Mitting J as to whether a proposal put out for consultation was a proper subject of judicial review at all, but in the event neither side has sought in this appeal to contend that the fact that the Secretary of State has not yet reached a decision, still less laid the modifications before Parliament, should inhibit or prevent this court from reaching a decision on the substantive issues. Both sides require an urgent decision as to the lawfulness of the proposals in relation to installations becoming eligible from 12 December 2011 to 1 April 2012.’ and
‘The question, I respectfully suggest, is not whether the proposed modification may have a significant adverse impact on those proposing to install small solar systems once the proposal was announced, but rather whether Parliament conferred a power to make a modification with such a retrospective effect. It did not.’

Lloyd, Moses, Richards LJJ
[2012] EWCA Civ 28
Bailii
Energy Act 2008
England and Wales
Citing:
CitedAbbott v Minister for Lands PC 30-Mar-1895
(From the Supreme Court for New South Wales) When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the . .
CitedNewcastle Breweries Ltd v The King 1921
The court was asked to consider the validity of regulation 2B of the Realm Regulations made under section 1 of the 1914 Act.
Held: The presumption against a statute authorising the expropriation of a subject’s property without payment is even . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
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 of its property . .
CitedSecretary of State for Social Security v Tunnicliffe CA 1991
Staughton LJ considered the interpretation of an Act of Parliament to give it retrospective powers: ‘In my judgment the true principle is that Parliament is presumed not to have intended to alter the law applicable to past events and transactions in . .

Lists of cited by and citing cases may be incomplete.

Utilities, Administrative, Constitutional, Judicial Review, Environment

Updated: 02 November 2021; Ref: scu.450477

Harrison v National Coal Board: HL 1951

The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.
Held: There was no vicarious liability duty in law on the managers to ensure compliance by their workers to the regulations.
Lord MacDermott (obiter) said: ‘The fireman in doing his work as a shot-firer was acting in the course of his employment by the defenders. In the performance of his work he was required by the regulations to adopt certain precautions which Parliament had prescribed for the safety of those employed in coal mines. But it is not correct to say that he was not acting for his master. The firing of the shots was the work which he was employed by the defenders to do. His failure to take the precautions which Parliament has required of him did not take him outwith the scope of his employment. Accordingly, his acts were still within the area in which the vicarious responsibility of a master operates.’
Vicarious liability was not confined to common law negligence: ‘It arises from the servant’s tortious act in the scope of his employment and there can be no doubt that [the servant] in breaking the shot-firing regulations committed a tort.’
Lord MacDermott: ‘Vicarious liability is not confined to common law negligence. It arises from the servant’s tortious act in the scope of his employment and there can now be no doubt that [the employee] breaking the shot-firing regulations committed a tort.’
Lord Porter said that the Factories Act is ‘a remedial measure passed for the protection of the workmen [which] must, therefore, be read so as to effect its object so far as the wording fairly and reasonably permits’.

Lord MacDermott, Lord Porter
[1951] AC 639, [1951] 1 TLR 1079, [1951] 95 Sol Jo 413, [1951] 1 All ER 1102
England and Wales
Cited by:
CitedNicol v National Coal Board SCS 1952
The court considered a claim against his employer after the plaintiff suffered injury after a breach of safety regulations by a co-worker.
Held: Referring to Harrison v NCB: ‘It appears to me that that principle disposes of the argument . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
CitedMcDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .

Lists of cited by and citing cases may be incomplete.

Utilities, Vicarious Liability, Health and Safety

Leading Case

Updated: 02 November 2021; Ref: scu.241425

Milner, Regina (on The Application of) v South Central Strategic Health Authority: Admn 11 Feb 2011

The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation.
Held: The claim failed. The Regulations as enacted differed from the draft, and did not require the Authroitys to act only on approval by a majority of those replying to a consultation exercise. Whatever the governments policy had been in the earlier stages of its development, that element did not remain present at its conclusion. There could be no argument that an Authority had a duty to go behind the guidance and regulations to investigate the parliamentary history. No challenge had been made to the procedures adopted durimg the consultations.
‘ A regulation which expressly requires a SHA to have ‘regard to the extent of support’ is simply not consistent with a policy that a scheme should not be introduced unless it can be shown that the local population is in favour. That is simply to replace the requirement in the regulation to have regard, with a test of the balance (however ascertained) of the opinion of the local population, which is inconsistent with the regulation and which the ministers themselves eschewed (they expressly rejected a head count alone or referendum).’ and
‘ it is not the law that fluoridation can only occur when a majority of the local population agree. Parliament has firmly entrusted area-specific decision making to the relevant SHA.’

Holman J
[2011] EWHC 218 (Admin)
Bailii
Water Act 2003, Water Industry Act 1991 87, The Water Fluoridation (Consultation) (England) Regulations 2005
England and Wales
Citing:
CitedEC Gransden and Co Ltd and Falkbridge Ltd v Secretary of State for the Environment QBD 1985
If a decision maker intends to depart from any relevant policy, he must give clear reasons for doing so, in order that the person affected should know why the decision was being made as an exception to the policy and the grounds upon which the . .
CitedUnison, Regina (on The Application of) v Monitor and Others Admn 9-Dec-2009
Cranston J referred to ‘the danger of resorting to [Hansard] except when it is absolutely required under Pepper v Hart’ and gave examples of the reasons why. . .
CitedRegina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .
CitedEC Gransden and Co Ltd and Falkbridge Ltd v Secretary of State for the Environment QBD 1985
If a decision maker intends to depart from any relevant policy, he must give clear reasons for doing so, in order that the person affected should know why the decision was being made as an exception to the policy and the grounds upon which the . .

Lists of cited by and citing cases may be incomplete.

Health, Administrative, Utilities

Updated: 02 November 2021; Ref: scu.428672

Commission v Italy (Traitement Des Eaux Urbaines Residuaires) (Judgment): ECJ 6 Oct 2021

Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Collection and treatment of urban waste water – Articles 3 to 5 and 10 – Lack of urban water collection systems in certain agglomerations – Lack of secondary treatment or equivalent treatment of urban waste water in certain agglomerations – Construction and operation of treatment plants – Control of discharges from such plants – Sensitive areas – More rigorous treatment of waste water

C-668/19, [2021] EUECJ C-668/19, ECLI:EU:C:2021:815
Bailii
European

Utilities

Updated: 02 November 2021; Ref: scu.668539