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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Licensing - From: 1999 To: 1999

This page lists 20 cases, and was prepared on 02 April 2018.

 
Regina v Medicines Control Agency ex parte Smith and Nephew (Primecrown Ltd intervening) [1999] RPC 705.
1999
ChD
Jacob J
Litigation Practice, Licensing
The court considered liability to third partries under a cross-undertaking given to the court: "Whether the recoverable damage is that which is foreseeable by the plaintiff or that which is directly caused by the injunction is not in point. None of the differing views expressed in the cases go so far as to say that the injunctee can claim for damage not suffered by him. Nor do the very words of the undertaking (which is the foundation of the jurisdiction) suggest that he can recover more than that which he has suffered, whether that damage is foreseeable by the injunctor or not. Thus while I have sympathy with Mr Howe's "flexible approach" I do not think it can go so far as to require the "wrongful injunctor" to pay for damage not suffered by the injunctee at all.
I think this consideration also disposes of Mr Howe's Linden Gardens point. In that case the House of Lords held that damages for breach of a contract between a developer and a builder should include the damage suffered by the purchaser from the developer. The parties could be treated as having entered into the contract on the basis that the developer would be entitled to enforce its contractual rights on behalf of purchaser who suffered the actual damage. The case depended on the parties having full knowledge that the developer was going to pass the property on to the purchaser, so the builder knew exactly who would be suffered if his work was inadequate. Mr Howe suggested that in this case there is a parallel in that S&N expected to have to pay for trading losses. So they did, but they did not undertake to pay for trading losses, they only undertook to pay for Primecrown's losses. The analogy with Linden Gardens breaks down."
1 Cites

1 Citers



 
 Regina v Kent and Essex Sea Fisheries Committee ex parte Smith and Lineham; Admn 13-Jan-1999 - [1999] EWHC Admin 20
 
Regina v London Borough of Wandsworth ex parte Darker Enterprises Limited [1999] EWHC Admin 34
15 Jan 1999
Admn

Licensing

[ Bailii ]
 
Westminster City Council and Blenheim Leisure (Restaurants) Limited and Simon Philip Langer and Carlos Guiseppe Luigi Cura Times, 24 February 1999; [1999] EWHC Admin 135
12 Feb 1999
Admn

Licensing
For an owner of licensed premises to be liable for failing to maintain good order because of offers of sexual services being made from the premises, it was necessary to show that the licensee had knowledge of the fact that such offers were being made.
London Government Act 1963
[ Bailii ]
 
Inverness Taxi Owners and Drivers Association v Highland Council Times, 05 May 1999; [1999] ScotCS 55
19 Feb 1999
OHCS
Lord MacLean
Licensing, Scotland
A statutory right given to individual licensees to object to the grant of licences did not give an association of such licensees standing to challenge a decision to remove a limit on the number of such licences. The application was premature.
Civic Government (Scotland) Act 1982
[ Bailii ] - [ ScotC ]
 
Regina v Stafford Crown Court ex parte Wilf Gilbert (Staffs) Limited [1999] EWHC Admin 167
22 Feb 1999
Admn

Licensing, Costs

1 Citers

[ Bailii ]
 
Regina v Civil Aviation Authority ex parte Jonathan Andrew Edwards [1999] EWHC Admin 203
5 Mar 1999
Admn

Transport, Licensing
Application to judicially review a decision not to renew the claimant air pilot's medical certificate.
[ Bailii ]
 
Regina v Director General of Telecommunications ex parte Castle Transmission International Limited [1999] EWHC Admin 369
28 Apr 1999
Admn

Licensing, Media

[ Bailii ]
 
Regina v Wimbledon Licensing Justices ex parte Youngs Brewery Plc and Derrick Lawson [1999] EWHC Admin 488
24 May 1999
Admn

Licensing

[ Bailii ]

 
 Regina v North Devon District Council ex parte North Devon Hackney Carriage Owners Association; Admn 26-May-1999 - [1999] EWHC Admin 503
 
Heyes and Heyes v Westonk Plc (Formerly Countrywide Group Limited) [1999] EWCA Civ 1508
27 May 1999
CA

Licensing, Costs

[ Bailii ]
 
Regina v Civil Aviation Authority ex parte Kirk [1999] EWHC Admin 573
21 Jun 1999
Admn

Transport, Licensing
Application for permission to apply for judicial review of the decision of the respondent Authority to suspend the applicant's private pilot licence following his conviction of an offence which involved, as it was alleged, low flying.
[ Bailii ]

 
 Russell v Fulling and Another; ChD 23-Jun-1999 - Times, 23 June 1999
 
Leatherdale v Surrey Police Headquarters [1999] EWHC Admin 631
2 Jul 1999
Admn

Police, Licensing

Firearms Act 1968 29(2)
[ Bailii ]
 
Regina v Civil Aviation Authority ex parte Jonathan Andrew Edwards [1999] EWCA Civ 1898
20 Jul 1999
CA

Transport, Licensing
Renewed application for judicial review of a decision of the Civil Aviation Authority to revoke the applicant's medical certificate, the claimant contending that the CAA "have breached its duty to act fairly when considering whether to reinstate his medical certificate as an airline pilot".
Air Navigation (No.2) Order 1995 - Civil Aviation Act 1982
[ Bailii ]
 
Regina v Secretary of State for Trade and Industry ex parte Mercury Personal Communications Limited and Mercury Personal Communications (a Firm Trading As One2One) Gazette, 27 October 1999; Times, 20 October 1999; [1999] EWCA Civ 2072; [1999] EWCA Civ 1560
6 Aug 1999
CA

Licensing, Media
It was within the Secretary of State's powers to insist that those mobile phone operators who wished to renew their licences, or bid for further licences, should first, and as a condition of so doing, accept as a precondition for such application, consent to alterations in the terms of their existing licences.
Wireless Telegraphy Act 1998
[ Bailii ] - [ Bailii ]

 
 Victor Chandler International v Commissioners of Customs and Excise and Another; ChD 17-Aug-1999 - Times, 17 August 1999; Gazette, 11 August 1999
 
Laara and Others v Kihlakunnansyyttaja (Jyvilskyla) and Others Times, 20 October 1999; C-124/97)
20 Oct 1999
ECJ

Licensing, European
Public interest elements could justify national rules providing for a state monopoly on the running of licensed slot machines. Such rules were a restriction on the freedom to trade, but in this case, this was justified by public policy considerations.
ECTreaty Art 49


 
 South Kesteven District Council v Mackie and Others; CA 20-Oct-1999 - Times, 20 October 1999

 
 Regina v Chelmsford Crown Court, Ex Parte Farrer; QBD 27-Oct-1999 - Gazette, 27 October 1999; Times, 05 November 1999
 
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