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Northumberland County Council (Local Government): ICO 12 Apr 2021

The complainant has requested information regarding a planning application viability appraisal. The Commissioner’s decision is that Northumberland County Council incorrectly withheld the viability appraisal document on the basis of regulation 12(5)(e); however it correctly engaged regulation 12(4)(e) to withhold some other information relating to the viability appraisal. The Commissioner does not consider that the council … Continue reading Northumberland County Council (Local Government): ICO 12 Apr 2021

Education Authority Northern Ireland (Education): ICO 12 May 2021

The complainant has requested minutes of meetings relating to the Board of Governors of Ballyclare Secondary School and their Finance Sub-Committee. The EANI provided the complainant with the requested Board of Governors meeting minutes, however it stated that it did not hold the Finance Sub-Committee meeting minutes. The Commissioner’s decision is that, on the balance … Continue reading Education Authority Northern Ireland (Education): ICO 12 May 2021

British American Tobacco Switzerland Sa and Others v Exel Europe Ltd and Others: ComC 23 Mar 2012

Defendants (companies registered in Holland) denied that the UK court had jurisdiction to try the claim against them. Held: The consignors could not succeed, and the court set aside the proceedings against the sub-contractors. The ‘defendant’ who is the subject-matter of article 31.1 is any successive carrier who can be sued pursuant to article 36, … Continue reading British American Tobacco Switzerland Sa and Others v Exel Europe Ltd and Others: ComC 23 Mar 2012

The Applicant and The Chief Constable of The Police Service of Scotland: SIC 17 Dec 2020

Police Scotland were asked for the report into the investigation of a specific death. Police Scotland refused to disclose the information as it related to information gathered for the purpose of making a report to the procurator fiscal respecting the cause of death of a person. Following investigation, the Commissioner accepted Police Scotland were entitled … Continue reading The Applicant and The Chief Constable of The Police Service of Scotland: SIC 17 Dec 2020

Land Berlin (Rights to payment related to the PAC) (Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Rules on direct payments to farmers under support schemes – Basic payment scheme – Article 24 (2), first sentence – Concept of ”Eligible hectare available to the farmer’ – Illegal exploitation of the area concerned by a third party – … Continue reading Land Berlin (Rights to payment related to the PAC) (Judgment): ECJ 17 Dec 2020

Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (Health): ICO 12 Oct 2020

The complainant requested information from Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (‘the Trust’) about a survey carried out by users of the Northern Region Gender Dysphoria Service (‘NRGDS’). The Trust provided some information, but stated that the survey results were exempt from disclosure under section 40(2) of the FOIA – third party personal … Continue reading Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (Health): ICO 12 Oct 2020

Department of Finance Northern Ireland (Other): ICO 23 Jun 2021

The complainant has requested information from the Department relating to a maintenance review. The Department of Finance (‘the Department’) refused to disclose the information, citing section 33 of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that section 33 of the FOIA is not engaged in relation to the requested information. The … Continue reading Department of Finance Northern Ireland (Other): ICO 23 Jun 2021

NHS Commissioning Board (NHS England) (Health): ICO 29 Sep 2020

The complainant has made a request for information relating to the data anonymisation method used for providing data to Palantir and Faculty AI. Despite the intervention of the Commissioner, the NHS Commissioning Board (NHS England) has not provided a response to the request in accordance with the FOIA. The Commissioner’s decision is that NHS England … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 29 Sep 2020

University of Queensland Csl Limited (Patent): IPO 24 Sep 2010

IPO Applications for SPCs for 6 different single Humanpapilloma Virus (HPV) L1 protein virus like particles (VLPs) (2 for HPV16, 2 for HPV18, 1 for HPV11 and 1 for HPV6) were filed in addition to one application for a product comprising HPV16 and HPV18 L1 protein VLPs and one application for a product comprising HPV6, … Continue reading University of Queensland Csl Limited (Patent): IPO 24 Sep 2010

Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of … Continue reading Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

MM v Newlands School and Another: CA 24 Jan 2007

The clamant sought damages after being injured in a clash in a rugby match. The match was for under 15s, but the other boy was 15. Judges: Lord Justice Waller Lord Justice Rix Lord Justice Hooper Vice-President of the Court of Appeal, Civil Division Citations: [2007] EWCA Civ 21 Links: Bailii Jurisdiction: England and Wales … Continue reading MM v Newlands School and Another: CA 24 Jan 2007

Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003

The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and other failures. Judges: Lord Justice Aldous, Lord Justice Chadwick, Mr Justice Munby Citations: Times 20-Feb-2003, … Continue reading Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003

NHS Clinical Commissioning Board (NHS England) (Health): ICO 1 Mar 2021

The complainant requested information from the NHS Commissioning Board (NHS England) about funding relating to the Pharmacy Integration Fund from 2019 to the present. NHS England had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working … Continue reading NHS Clinical Commissioning Board (NHS England) (Health): ICO 1 Mar 2021

Thomas, The Estate of v Revenue and Customs (Tax – Inheritance Tax – Agricultural Land): UTLC 10 Jan 2020

TAX – INHERITANCE TAX – agricultural land – valuation under s.190 Inheritance Act 1984 – whether best consideration achieved – residual valuation method – comparable method preferred – best consideration determined at pounds 645,000 Citations: [2020] UKUT 6 (LC) Links: Bailii Jurisdiction: England and Wales Inheritance Tax Updated: 22 October 2022; Ref: scu.647075

Mackinnon’s Trustees v Inland Revenue: HL 16 Jul 1920

In 1893 a Scotsman, who had contracted dissipated habits, executed a voluntary deed of separation and, with his wife’s approval, went to Australia. He lived in Brisbane from 1899 till his death in 1918. In 1902 he contracted in that city a bigamous marriage. His wife continued to live in Scotland till the date of … Continue reading Mackinnon’s Trustees v Inland Revenue: HL 16 Jul 1920

New Zealand and Australian Land Co Ltd v Scottish Union and National Insurance Co: HL 22 Jul 1920

A Scottish company carrying on business in various colonies paid the respective colonial income tax upon its profits in each colony. Having also paid British income tax, it obtained, under section 43 of the Finance Act 1916, repayment of a portion thereof in respect of its payment of the colonial taxes. Held ( aff. judgment … Continue reading New Zealand and Australian Land Co Ltd v Scottish Union and National Insurance Co: HL 22 Jul 1920

Scotland Office (Decision Notice): ICO 8 Aug 2011

ICO The complainant requested information recording exchanges between the public authority and the Advocate General for Scotland concerning exemption for Orkney and Shetland constituency from Government plans to reduce the numbers of and equalise the size of Parliamentary constituencies. The public authority refused the request and cited the exemptions provided by the following sections of … Continue reading Scotland Office (Decision Notice): ICO 8 Aug 2011

Department for Infrastructure (Northern Ireland) (Central Government): ICO 4 May 2021

The complainant has requested information from the Department for Infrastructure (‘the Department’) regarding work in relation to weed control and Japanese Knotweed. The Department provided the complainant with some information, refused to disclose some information citing regulation 12(5)(e) of the EIR as a basis for non-disclosure, and applied regulation 12(4)(b) to the remaining requested information. … Continue reading Department for Infrastructure (Northern Ireland) (Central Government): ICO 4 May 2021

Anfield (UK) Ltd v Bank of Scotland Plc and Others: ChD 24 Sep 2010

The court was asked as to the remedy of subrogation as it affects the priority of charges. Judges: Proudman J Citations: [2010] EWHC 2374 (Ch), [2010] 48 EG 86, [2010] 41 EG 126 (CS), [2011] 1 All ER 708, [2011] 1 All ER (Comm) 929, [2011] 1 WLR 2414, [2010] 3 EGLR 75, [2010] NPC … Continue reading Anfield (UK) Ltd v Bank of Scotland Plc and Others: ChD 24 Sep 2010