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Credit Lyonnais Bank Nederland Nv v Burch: CA 20 Jun 1996

The defendant had charged her property to secure her employer’s debt. When the bank sought repossession, she said that the charge had been affected by the undue influence and that the terms of the charge were so harsh and inconscionable that a court should not enforce it. Judges: Nousre, Millett, Swinton Thomas LJJ Citations: [1996] … Continue reading Credit Lyonnais Bank Nederland Nv v Burch: CA 20 Jun 1996

Wilander and Another v Tobin and Another: CA 8 Apr 1996

The reversal of the burden of proof was not unfair for sportsmen once they had tested positive for drugs under the sports anti-doping policies. The policies were neither an unlawful restraint on trade nor contrary to natural justice. Judges: Lord Justice Neill, Lord Justice Peter Gibson and Lord Justice Hobhouse Citations: Times 08-Apr-1996 Jurisdiction: England … Continue reading Wilander and Another v Tobin and Another: CA 8 Apr 1996

Credit Lyonnais Bank Nederland NV v Burch: CA 1 Jul 1996

A Bank was to assume that undue influence existed where they knew that an employee was giving security for his employer’s debt to the bank. An unlimited guarantee given by an employee to his employer’s bank was set aside as unconscionable. The circumstances in which the doctrine of unconscionable bargains would apply were similar to … Continue reading Credit Lyonnais Bank Nederland NV v Burch: CA 1 Jul 1996

NHS Clinical Commissioning Board (NHS England) (Health): ICO 6 Jan 2022

The complainant requested information the NHS Commissioning Board (NHS England) relating to a contract between NHS England and the New Foscote Hospital, Banbury. By the date of this notice NHS England had not issued a substantive response to this request. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA in … Continue reading NHS Clinical Commissioning Board (NHS England) (Health): ICO 6 Jan 2022

NHS Commissioning Board (NHS England) (Health): ICO 5 Aug 2021

The complainant submitted a two part request for information to NHS Commissioning Board (NHS England) in relation to a framework agreement. By the date of this notice, NHS England had failed to provide a substantive response. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has, … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 5 Aug 2021

Commission v Netherlands: ECJ 10 May 2012

ECJ Order – Failure of A Member State To Fulfil Obligations – allowing intervention by state of Denmark Judges: J Kokott AG Citations: C-368/10, [2011] EUECJ C-368/10 Links: Bailii Cited by: Order – Commission v Netherlands ECJ 15-Dec-2011 ECJ Opinion – Failure Of A Member State To Fulfil Obligations – Procurement – Organic Products – … Continue reading Commission v Netherlands: ECJ 10 May 2012

Elim Court Elim Terrace – Plymouth : Midland : Birmingham: LVT 8 Dec 2011

LVT No Fault Right To Manage Citations: [2011] EWLVT CHI – LV – NFR – 00HG – 0, [2011] EWLVT CHI – LV – NFR – 00HG – 0 Links: Bailii, Bailii Jurisdiction: England and Wales Cited by: See Also – Elim Court Elim Terrace – Plymouth : Midland : Birmingham LVT 8-Jul-2013 LVT No … Continue reading Elim Court Elim Terrace – Plymouth : Midland : Birmingham: LVT 8 Dec 2011

Highways England (Central Government): ICO 13 Oct 2020

The complainant has requested Highways England (HE) to disclose information relating to the operation of the pain/gain arrangement in all areas and the need for HE’s contractors to submit claim costs and recovery costs for reconciliation. Initially HE advised the complainant that the information is not held. However, during the Commissioner’s investigation it changed its … Continue reading Highways England (Central Government): ICO 13 Oct 2020

Highways England (Central Government): ICO 28 Jun 2021

The complainant has requested information from Highways England (HE) about the costs associated with damage from a road traffic incident in 2016 and audits, inspections and examinations of the damaged highway structure and matters pertaining to its replacement. HE refused to provide the requested information, citing section 14(1) – that the request was vexatious. HE … Continue reading Highways England (Central Government): ICO 28 Jun 2021