Search Results for: Land

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Land Securities Plc and Others v Fladgate Fielder (A Firm): ChD 25 Mar 2009

The claimants sought damages, alleging that the defendants had abused the litigation process by issuing proceedings to challenge a grant of planning permission to the claimants not so as to defeat the grant, but by causing the claimants inconvenience and expense to put pressure on the claimants to provide the defendants with premises. Held: The … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): ChD 25 Mar 2009

Allmanna Svenska Electriska A/B v The Burntisland Shipbuilding Co Ltd: 1952

The question whether an the invention was obvious was ‘a kind of jury question’. As such, an appellate court should be reluctant to disturb it. If it was so obvious, the patent was invalid. Judges: Jenkins LJ Citations: (1952) 69 RPC 63 Jurisdiction: England and Wales Cited by: Cited – Biogen Plc v Medeva Plc … Continue reading Allmanna Svenska Electriska A/B v The Burntisland Shipbuilding Co Ltd: 1952

Gray v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 28 Mar 2019

STAMP DUTY LAND TAX – return showing consideration of pounds 1 not enquired into – whether discovery made – whether hypothetical officer would have been aware of loss of tax – whether discovery stale – appeal dismissed. Citations: [2019] UKFTT 213 (TC) Links: Bailii Jurisdiction: England and Wales Stamp Duty Updated: 21 October 2022; Ref: … Continue reading Gray v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 28 Mar 2019

Regina v Registrar General for England and Wales Ex Parte P; Same v Same Ex Parte G: QBD 27 Mar 1996

Sexual identity is fixed at birth. It is not an error capable of being corrected by the Registrar. The Registrar has no power to alter birth register to change the sex as registered after gender re-assignment surgery. Citations: Times 27-Mar-1996, Independent 22-Feb-1996 Statutes: Births and Deaths Registration Act 1953 1(1) 29(3) Jurisdiction: England and Wales … Continue reading Regina v Registrar General for England and Wales Ex Parte P; Same v Same Ex Parte G: QBD 27 Mar 1996

Landmark Brickwork Ltd v Sutcliffe and Others: QBD 17 May 2011

The claimant company sought interlocutory orders against its former senior officers. Judges: Slade DBE J Citations: [2011] EWHC 1239 (QB), [2011] IRLR 976 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nottingham Building Society v Eurodynamics Systems plc 1993 The court laid down tests for the granting of mandatory interim injunctions. The court should … Continue reading Landmark Brickwork Ltd v Sutcliffe and Others: QBD 17 May 2011

Highland Council (Nairn Ward Business Meeting Minutes): SIC 27 Jul 2022

The Council was asked for Nairn Ward Business Meeting minutes and associated papers. The Council disclosed the minutes, but with some information redacted. Additional information was disclosed during the Commissioner’s investigation. The Commissioner found that this information should have been disclosed at an earlier date, but that the Council had been entitled to withhold the … Continue reading Highland Council (Nairn Ward Business Meeting Minutes): SIC 27 Jul 2022

Highways England (Central Government): ICO 26 Apr 2021

The complainant has submitted six requests to Highways England (HE) about emails, email addresses and pension contributions. HE has categorised the requests as vexatious requests under section 14(1) of the FOIA and has refused to comply with them. The Commissioner’s decision is as follows: The complainant’s six requests can be categorised as vexatious requests under … Continue reading Highways England (Central Government): ICO 26 Apr 2021

NHS Commissioning Board (NHS England) (Health) IC-117811: ICO 13 Aug 2021

The complainant requested information from NHS England about its contract with St. Peter’s Andrology Service London and a forthcoming tender exercise for a replacement provider. The Commissioner’s decision is that 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 … Continue reading NHS Commissioning Board (NHS England) (Health) IC-117811: ICO 13 Aug 2021

Highways England (Central Government): ICO 27 Jan 2021

The complainant has requested a variety of information all broadly associated with particular contractors of Highways England. Highways England has categorised the request as a vexatious request under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The complainant’s request is a vexatious request under section … Continue reading Highways England (Central Government): ICO 27 Jan 2021

NHS Commissioning Board (NHS England) (Health) IC-117965: ICO 13 Aug 2021

The complainant requested information from NHS England about two members of Midlands NHS Continuing Healthcare Independent Review Panel. The Commissioner’s decision is that 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 following steps to … Continue reading NHS Commissioning Board (NHS England) (Health) IC-117965: ICO 13 Aug 2021

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

Blackland Park Exploration Ltd v Environment Agency: CA 15 Dec 2003

The landowner disposed of liquid waste into oil bearing strata via a deep borehole. At that depth, it would not mix with what was being extracted elsewhere. Held: The judge had been correct to refuse a declaration as to the lawfulness. Judges: Simon Brown, Mummery, Scott Baker LJJ Citations: Times 02-Jan-2004, [2003] EWCA Civ 1795 … Continue reading Blackland Park Exploration Ltd v Environment Agency: CA 15 Dec 2003

Manzanilla Limited v Corton Property and Investments Limited; John Mciver (Southampton) Limited; Rootbrights Limited and Halliwell Landau (a Firm): CA 7 Jul 1997

After settlement between parties of a wasted costs application, a note may be put to the judge where this was needed in order to clear the reputation of lawyer involved. Citations: Times 04-Aug-1997, [1997] EWCA Civ 2037 Jurisdiction: England and Wales Citing: See Also – Manzanilla Limited v Corton Property and Investments Limited; John MacIver … Continue reading Manzanilla Limited v Corton Property and Investments Limited; John Mciver (Southampton) Limited; Rootbrights Limited and Halliwell Landau (a Firm): CA 7 Jul 1997

NHS Commissioning Board (NHS England) (Health): ICO 17 Jun 2021

The complainant submitted a three part request for information to NHS Commissioning Board (NHS England) in relation to a document entitled ‘Specialised Commissioning Standard Procedure for the Annual Assessment Quality Assurance Process’. By the date of this notice, NHS England had failed to provide a substantive response. The Commissioner’s decision is that NHS England failed … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 17 Jun 2021

Na v Finland: ECHR 14 Nov 2019

ECHR Judgment : Right to life : First Section ECHR Judgment : Inadmissible : First Section Citations: 25244/18, [2019] ECHR 814, [2021] ECHR 631 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646711

Crest Nicholson Operations Ltd v Revenue and Customs (STAMP DUTY : Land tax): FTTTx 1 Feb 2017

Stamp Duty Land Tax – determinations in absence of return – appeal – extent of Tribunal’s jurisdiction – held, limited to matters listed in para 36(5A) Sch 10 FA 2003 – burden of proof on taxpayers – avoidance scheme – effect of s 45 FA 2003 – reduction of capital – s 270 Companies Act … Continue reading Crest Nicholson Operations Ltd v Revenue and Customs (STAMP DUTY : Land tax): FTTTx 1 Feb 2017

Walkerland (Trade Mark: Invalidity): IPO 9 Dec 2004

IPO Trade Marks – Appeals to the appointed person – Application No: 2198572 – Invalidity Judges: Professor Ruth Annand Citations: Inv 81086, 2198572, [2004] UKIntelP o01305 Links: Bailii Citing: See Also – Walkerland (Trade Mark: Rectification) IPO 19-Jul-2002 IPO Inter Partes Decisions – Trade Marks – Rectification . . See Also – Walkerland (Trade Mark: … Continue reading Walkerland (Trade Mark: Invalidity): IPO 9 Dec 2004

Tecnikon Limited v Holland Heating UK Ltd: IPO 14 Apr 2004

IPO In response to this uncontested reference under sections 8 and 12, Tecnikon Limited was found to be entitled to GB 0207382.3 and to any patent resulting therefrom, and to any international application – or other application falling within the terms of section 12(1) – claiming priority from GB 0207382.3. Judges: Mr D J Barford … Continue reading Tecnikon Limited v Holland Heating UK Ltd: IPO 14 Apr 2004

Walkerland (Trade Mark: Inter Partes): IPO 19 Mar 2004

Judges: Mr M Foley Citations: 2198572, [2004] UKIntelP o07104 Links: Bailii Citing: See Also – Walkerland (Trade Mark: Rectification) IPO 19-Jul-2002 IPO Inter Partes Decisions – Trade Marks – Rectification . . Cited by: See Also – Walkerland (Trade Mark: Invalidity) IPO 9-Dec-2004 IPO Trade Marks – Appeals to the appointed person – Application No: … Continue reading Walkerland (Trade Mark: Inter Partes): IPO 19 Mar 2004

Revenue and Customs v Bank of Ireland Britain Holdings Ltd: ChD 30 Apr 2007

The court asked whether a tax avoidance scheme succeeded in its object of generating a loss for tax purposes in a situation where the taxpayer suffered no corresponding commercial loss. Judges: Henderson J Citations: [2007] EWHC 941 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Bank of Ireland Britain Holdings Ltd v … Continue reading Revenue and Customs v Bank of Ireland Britain Holdings Ltd: ChD 30 Apr 2007

Netherlands v Council: ECJ 22 Nov 2001

ECJ Arrangements for association of overseas countries and territories – Imports of rice originating in the overseas countries and territories – Safeguard measures – Regulation (EC) No 1036/97 – Action for annulment Citations: C-301/97, [2001] EUECJ C-301/97, [2001] ECR I-8853, ECLI:EU:C:2001:621 Links: Bailii Statutes: Regulation (EC) No 1036/97 Jurisdiction: European European Updated: 17 October 2022; … Continue reading Netherlands v Council: ECJ 22 Nov 2001

NHS Commissioning Board (NHS England) (Health): ICO 20 Apr 2021

The complainant requested information from The NHS Commissioning Board (NHS England) relating to a number of letters that the National Data Guardian had advised would be sent from NHSX to organisations to highlight data protection concerns. NHS England had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 20 Apr 2021

NHS Commissioning Board (NHS England) (Health): ICO 8 Jun 2021

The complainant requested information from the NHS Commissioning Board (‘NHS England’) relating to a grant of pounds 540,000 made to the Apperta Foundation CIC by NHS England. By the date of this notice NHS England had not provided a substantive response to this request. The Commissioner’s decision is that NHS England has failed to respond … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 8 Jun 2021

Charity Commission for England and Wales v Wright and Another: ChD 8 Nov 2019

The Commission had requested information and documents from the respondents, former trustees of charity, so that it could pursue an investigation of it. Held: The court was satisfied as to its ability to deal with this matter despite the non-attendance of the respondents. It found breaches of the notices, and adjourned to allow the respondents … Continue reading Charity Commission for England and Wales v Wright and Another: ChD 8 Nov 2019

Hamalainen v Finland: ECHR 16 Jul 2014

Grand Chamber Citations: 37359/09 – Grand Chamber Judgment, [2014] ECHR 787, [2014] ECHR 974, [2015] 1 FCR 379 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Hamalainen v Finland ECHR 16-Jul-2014 ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

NHS Commissioning Board (NHS England) (Health): ICO 28 Jan 2021

The complainant requested information from the NHS Commissioning Board (NHS England) about the Specialised Commissioning Standard Operating Procedure for the Annual Assessment Quality Assurance Process. 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 … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 28 Jan 2021

Hollis v Mattey (Midlands): FTTPC 2 Sep 2015

An application for the determination of liability to pay and the reasonableness of service charges pursuant to section 27a of the landlord and tenant Citations: [2015] UKFTT RP – BIR – 31UC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626875

P.C v Ireland: ECHR 1 Sep 2022

ECHR Judgment : Remainder inadmissible : Fifth Section Citations: 26922/19, [2022] ECHR 652 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681022

Commission of The European Communities v United Kingdom Of Great Britain And Northern Ireland (Judgment): ECJ 18 Dec 1986

ECJ Own resources of the European communities – establishment and making available by the member states – request by the commission for advance payment – binding on the member states (council regulation no 2891/77, art. 10 (2) and art. 12 (2)) 2. Own resources of the European communities – establishment and making available by the … Continue reading Commission of The European Communities v United Kingdom Of Great Britain And Northern Ireland (Judgment): ECJ 18 Dec 1986

Johnston and Others v Ireland: ECHR 18 Dec 1986

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986

Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019

Appeal from order declining jurisdiction.Lewison LJ pointed out: ‘So far as the question of irreconcilable judgments is concerned, I wish to reserve my opinion for a case in which it matters. I simply make the following observations. Judgment in The Tatry was given on 6 December 1994. Shevill was argued before the Grand Chamber on … Continue reading Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019

Walkerland (Trade Mark: Rectification): IPO 19 Jul 2002

IPO Inter Partes Decisions – Trade Marks – Rectification Judges: Mr D Landau Citations: REC 11925, 2198572, [2002] UKIntelP o28302 Links: Bailii Cited by: See Also – Walkerland (Trade Mark: Inter Partes) IPO 19-Mar-2004 . .See Also – Walkerland (Trade Mark: Invalidity) IPO 9-Dec-2004 IPO Trade Marks – Appeals to the appointed person – Application … Continue reading Walkerland (Trade Mark: Rectification): IPO 19 Jul 2002