Search Results for: Land

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Sevinger v The Netherlands: ECHR 6 Sep 2007

Admissibility – the applicants challenged rejection of their request to be registered to vote, not having been resident in the respondent country for more than 10 years. Judges: B.M. Zupancic, P Citations: 17173/07, [2007] ECHR 1207, (2008) 46 EHRR SE14 Links: Bailii Statutes: European Convention on Human Rights Human Rights, Elections Updated: 03 November 2022; … Continue reading Sevinger v The Netherlands: ECHR 6 Sep 2007

Flemming and Son Construction (West Midlands) Ltd v Revenue and Customs: FTTTx 9 Mar 2012

FTTTx Income tax – construction industry scheme – deductions from payments to subcontractors – sums representing materials cost not to be subject to deduction – HMRC not accepting that materials cost amounts claimed could be justified – HMRC therefore considered under-deduction had taken place and issued determination under Reg 13 of CIS Regs to recover … Continue reading Flemming and Son Construction (West Midlands) Ltd v Revenue and Customs: FTTTx 9 Mar 2012

Bennett, Regina (on the Application of) v Copeland Borough Council: CA 14 May 2004

The taxpayer complained at being charged council tax as a resident of a house which he owned but had never occupied. Held: Actual residence was critical to the possibility of the charge. The Act recognised a difference btween a resident and an owner. The decision was flawed. Judges: Peter Gibson, Rix, Longmore LJJ Citations: [2004] … Continue reading Bennett, Regina (on the Application of) v Copeland Borough Council: CA 14 May 2004

Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996

An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action. Judges: Master of the Rolls, Aldous and Brooke LJJ Citations: Gazette 05-Feb-1997, Times 09-Dec-1996, [1996] EWCA Civ 1023, [1997] QB 674 Links: Bailii Statutes: Arbitration … Continue reading Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996

Mount Eden Land Ltd v Prudential Assurance Co Ltd: CA 12 Nov 1996

The Court warned against extending the ‘magic’ of the ‘subject to contract’ label into the realm of unilateral licences. The question was whether a landlord had granted licence to the tenant to carry out alterations. The letter relied on as constituting the licence was headed ‘subject to licence’ and the text of the letter gave … Continue reading Mount Eden Land Ltd v Prudential Assurance Co Ltd: CA 12 Nov 1996

Highways England (Central Government): ICO 10 Aug 2021

The complainant has requested Highways England (HE) to disclose the number of emails or communications between certain emails addresses and any HE email address for the 2018/19 financial year. HE refused to comply with the request citing section 14(1) of the FOIA. The Commissioner’s decision is that HE is entitled to refuse to comply with … Continue reading Highways England (Central Government): ICO 10 Aug 2021

Public Health England (Health): ICO 17 Jun 2021

The complainant has requested Public Health England (PHE) to disclose information relating to the responses to the finding of Exercise Cygnus. The PHE refused to disclose the requested information citing sections 36(2)(b)(i) and (ii) and 30(2)(c) of the FOIA. The Commissioner’s decision is that the PHE is entitled to refuse to disclose the requested information … Continue reading Public Health England (Health): ICO 17 Jun 2021

NHS Commissioning Board (NHS England) (Health): ICO 25 Jan 2022

The complainant requested information from NHS England relating to UK PMIS data. By the date of this notice NHS England had failed to provide a substantive response to this request. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA in that it failed to provide a valid response to the … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 25 Jan 2022

Police Federation of England and Wales (Police and Criminal Justice): ICO 8 Mar 2021

The complainant has requested from the Police Federation of England and Wales (the Federation) information about negotiations between its representatives and Surrey Police, on the issue of over-claimed rest days in lieu (RDIL). The Federation withheld some information, which included meeting minutes and legal advice, under sections 36 (Prejudice to effective conduct of public affairs) … Continue reading Police Federation of England and Wales (Police and Criminal Justice): ICO 8 Mar 2021

The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

(Opinion) The bank sought production of a statutory demand issued against it by the defendant. It was said to have been served by misplaced by them, but denied that it had any valid basis. The defender alleged fraud but had not given any justification for his assertions or claim. Held: ‘the defender’s position in this … Continue reading The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

Poland v Commission: ECJ 26 Jun 2012

ECJ Appeal – Common organisation of the markets – Transitional measures adopted because of the accession of new Member States – Regulation (EC) No 1972/2003 on measures in respect of trade in agricultural products – Action for annulment – Period within which action must be brought – Point from which period starts to run – … Continue reading Poland v Commission: ECJ 26 Jun 2012

Northumberland County Council (Local Government): ICO 7 Jul 2021

The complainant has requested the outcome of a statutory proposal relating to the Bellingham schools in June 2015. The council refused the request on the basis that the request was vexatious and applied section 14(1). The Commissioner’s decision is that the council was not correct to apply section 14. The Commissioner requires the public authority … Continue reading Northumberland County Council (Local Government): ICO 7 Jul 2021

NHS Commissioning Board (NHS England) (Health): ICO 9 Aug 2021

The complainant requested information about Covid vaccination appointments and vaccine doses that may have been disposed of. The Commissioner’s decision is that the NHS Commissioning Board (‘NHS England’) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires NHS England to take the … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 9 Aug 2021

Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited: CA 24 Oct 1996

The reddendum in the lease provided for a rent review: ‘there will be a rent review for each of the review periods’. The express machinery for such review could only be initiated by the landlord, but in refusing to initiate a review the landlord was frustrating the provisions of the contract that there should be … Continue reading Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited: CA 24 Oct 1996