Search Results for: Land

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NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020

LANDLORD AND TENANT – SERVICE CHARGES – effect of agreement that charges not recoverable – whether agreement binding only for period under consideration by FTT – whether charges incorrectly included in demands for utilities costs were prevented by s.20B(1), Landlord and Tenant Act 1985 subsequently from being recovered as service charges – calculation of unit … Continue reading NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020

Leech Homes Ltd v Northumberland County Council (Compensation – Planning Permission – Certificate of Appropriate Alternative Development): UTLC 6 May 2020

COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – land on settlement boundary within the general extent of proposed extension to green belt – inner boundary of green belt not yet defined – whether green belt policies should apply to determination of appropriate alternative development – whether very special circumstances would justify planning … Continue reading Leech Homes Ltd v Northumberland County Council (Compensation – Planning Permission – Certificate of Appropriate Alternative Development): UTLC 6 May 2020

Leco Investments (UK) Ltd v Land Pyrometers: CA 1982

The defendant appealed against a striking out of his defence on a claim for copyright infringement. Held: The appeal succeeded. Leave should have been given. Whether copying was substantial depended in part on quality, which was a matter of degree. The court identified the difficulties in identifying the sorts of evidence which might be admissible … Continue reading Leco Investments (UK) Ltd v Land Pyrometers: CA 1982

Day v Harland and Wolff Ltd: 1953

The plaintiff was injured repainting a ship in a dry dock. Held: The situation was one covered by the regulations. The scaffolding used to support the workers had to be of the standard appropriate to maintain the employees’ safety. Citations: [1953] I WLR 906, [1953] 2 All ER 387, [1953] 97 Sol Jo 473 Statutes: … Continue reading Day v Harland and Wolff Ltd: 1953

Amec Process and Energy Ltd v Stork Engineers and Contractors Bv (A Company Registered In the Netherlands) (No 3): 15 Mar 2002

Citations: Unreported, 15 March 2002 Jurisdiction: England and Wales Cited by: Cited – Sisu Capital Fund Ltd and others v Tucker and others 28-Oct-2005 The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent … Continue reading Amec Process and Energy Ltd v Stork Engineers and Contractors Bv (A Company Registered In the Netherlands) (No 3): 15 Mar 2002

Northern Ireland Human Rights Commission, Re an Application for Judicial Review: CANI 6 Apr 2001

Appeal from a judgment that the Northern Ireland Human Rights Commission (‘the Commission’) had not been invested with a statutory power to intervene or act as amicus curiae in legal proceedings. Citations: [2001] NICA 17 Links: Bailii Jurisdiction: Northern Ireland Northern Ireland, Human Rights Updated: 07 December 2022; Ref: scu.201968

Highland Fashion Week (Trade Mark: Opposition): IPO 16 Jul 2019

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Treatment of descriptive / allusive elements Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Particular visual / aural / conceptual considerations Citations: [2019] UKIntelP o41119 Links: Bailii Jurisdiction: England and Wales Intellectual … Continue reading Highland Fashion Week (Trade Mark: Opposition): IPO 16 Jul 2019

Sunderland City Council (Local Government): ICO 26 May 2020

The complainant has requested information about a government-led national drugs strategy from Sunderland City Council (‘SCC’). The Commissioner’s decision is that, based on the civil standard of the balance of probabilities, SCC does not hold the requested information. No steps are required. FOI 1: Complaint not upheld Citations: [2020] UKICO fs50873533 Links: Bailii Jurisdiction: England … Continue reading Sunderland City Council (Local Government): ICO 26 May 2020

NHS England (Health): ICO 31 Oct 2022

The complainant has requested information relating to an investigation. The above public authority (the public authority) relied on section 41 of FOIA (actionable breach of confidence) in order to withhold the requested information. The Commissioner’s decision is that the public authority has correctly applied section 41 of FOIA to the withheld information. However, the public … Continue reading NHS England (Health): ICO 31 Oct 2022

Stevenson and Others v Steel Co of Scotland: HL 24 Jul 1899

In 1871 A’s trustees (the first party) feued to trustees for the firm of B. and Sons (the second party), their heirs and assignees, two plots of ground forming part of the estate of Blochairn, under the ‘declaration and provision that a street shall be made’ of 60 feet width along the south boundary of … Continue reading Stevenson and Others v Steel Co of Scotland: HL 24 Jul 1899

Scottish Midland Co-operative Soc Ltd v Cullion: 1997

Citations: [1997] IRLR 261 Jurisdiction: Scotland Cited by: Mentioned – Dignity Funerals Limited v Bruce OHCS 14-Oct-2004 The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT’s decision was set aside. In … Continue reading Scottish Midland Co-operative Soc Ltd v Cullion: 1997

Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

Terrapin International Ltd v Inland Revenue Commissioners: 1976

A deed had been delivered in escrow, but, before the condition was fulfilled, the rates of stamp duty changed. The parties disputed the effective date of the transaction. Held: Walton J considered what was the effect of a deed being held in escrow: ‘A document which is intended to take effect as a deed when … Continue reading Terrapin International Ltd v Inland Revenue Commissioners: 1976

Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland): HL 14 Nov 1996

Local Authority tenants sought to exercise their statutory right to purchase their council house. The third defendant had registered against the title a right of pre-emption protecting a feu charter registered in the Registry of Sasines. Held: A Local Authority could sell a house to a secure tenant despite a feu charter on the title … Continue reading Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland): HL 14 Nov 1996

Royal Bank of Scotland Plc v Highland Financial Partners Lp and Another: Comc 10 Feb 2010

Judges: Mr Justice Burton Citations: [2010] EWHC 194 (Comm) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Royal Bank of Scotland Plc v Highland Financial Partners Lp and Others CA 14-Jul-2010 The court was asked to construe provisions of a collateralised debt obligation agreement. . . Lists of cited by and citing … Continue reading Royal Bank of Scotland Plc v Highland Financial Partners Lp and Another: Comc 10 Feb 2010

Kaszubski v Poland: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 15466/19, [2022] ECHR 969 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682609

West Midlands Ambulance Service University NHS Foundation Trust (Health): ICO 6 Oct 2022

The complainant has requested information from West Midlands Ambulance Service University NHS Foundation Trust (WMAS) regarding complaints against named members of staff. WMAS refused to provide the requested information by virtue of section 40(2) of FOIA – third party personal data. The Commissioner’s decision is that WMAS has correctly relied on section 40(2) of FOIA … Continue reading West Midlands Ambulance Service University NHS Foundation Trust (Health): ICO 6 Oct 2022

ABC v Principal Reporter and Another (Scotland): SC 18 Jun 2020

These appeals concern the role of siblings in the procedures by which children’s hearings in Scotland make compulsory supervision orders (‘CSOs’). The principal issue concerns the procedures required to make sure that public authorities comply with the obligation in article 8 of the European Convention on Human Rights (‘ECHR’) to show respect for the private … Continue reading ABC v Principal Reporter and Another (Scotland): SC 18 Jun 2020

Chief Constable West Midlands Police, Regina (on The Application of) v Panel Chair, Police Misconduct Panel and Another: Admn 4 Jun 2020

Application for judicial review brought by the Chief Constable of West Midlands Police, the Claimant, against the Decision on Outcome reached by the Police Misconduct Panel following a gross misconduct hearing concerning the interested party, Officer A. Citations: [2020] EWHC 1400 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 05 December 2022; Ref: scu.651202

Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 1 Mar 2012

Opinion – Accession of new Member States – Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union – Bulgaria – Applicability of Directive 2004/114/EC – Conditions for admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service – Standstill … Continue reading Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 1 Mar 2012

The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Age Concern challenged the implimentation of the European Directive as regards the prohibition of age discrimination. Judges: David J Citations: [2007] EWHC 3090 (Admin) Links: Bailii Statutes: Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC), Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Jurisdiction: … Continue reading The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Commission of the European Communities v Ireland (Supported by United Kingdom, Intervener): ECJ 21 Jun 2001

Rules within the Irish republic which differentiated between imported precious metal goods and such goods produced internally, were contrary to European law as measures having effect as quantitative restrictions on imports. The rules affected were those, prohibiting distribution of imported goods with descriptions appropriate to their country of origin, requiring extra and sponsor’s marks, requiring … Continue reading Commission of the European Communities v Ireland (Supported by United Kingdom, Intervener): ECJ 21 Jun 2001

Suriya and Douglas (a Firm) v Midland Bank Plc: CA 24 Feb 1999

The plaintiff firm of solicitors appealed against a decision refusing its claim for dmages after the defendant, its bankers, had failed to inform them of the existence of an account which would have paid them a higher rate of interest. Held: The appeal failed: ‘A bank’s relationship with a client is not without more one … Continue reading Suriya and Douglas (a Firm) v Midland Bank Plc: CA 24 Feb 1999

West Midlands Ambulance Service NHS Trust (Health): ICO 3 Oct 2022

The complainant has requested information from West Midlands Ambulance Service University NHS Foundation Trust (WMAS) regarding staff dismissals. WMAS provided some information within the scope of the request, but refused to provide the remaining information by virtue of section 40(2) of FOIA – third party personal information. The Commissioner’s decision is that WMAS has correctly … Continue reading West Midlands Ambulance Service NHS Trust (Health): ICO 3 Oct 2022

Nhs England (Health): ICO 4 Oct 2019

The complainant has requested information relating to the experiences black and ethnic minority individuals face as a result of being in environments or being brought up or living in areas where mostly everyone is white. Initially, NHS England advised the complainant that it does not hold any recorded information. However, during the Commissioner’s investigation it … Continue reading Nhs England (Health): ICO 4 Oct 2019

NHS Commissioning Board (NHS England) (Health) FS50799203: ICO 3 May 2019

The complainant has requested information associated with public information campaigns from NHS England (‘NHSE’). NHSE released some information and has withheld the value of fees paid to particular celebrities under section 43(2) of the FOIA (commercial interests). The Commissioner’s decision is that NHSE is entitled to rely on section 43(2) to withhold the disputed information … Continue reading NHS Commissioning Board (NHS England) (Health) FS50799203: ICO 3 May 2019

Police Service of Northern Ireland (Police and Criminal Justice): ICO 31 Oct 2022

The complainant has requested information about the ballistic history of a weapon used in a specific crime. Police Service Northern Ireland (PSNI) refused to confirm or deny whether it holds the requested information. The Commissioner’s decision is that PSNI is entitled to rely on section 30(3) of FOIA to refuse to confirm or deny that … Continue reading Police Service of Northern Ireland (Police and Criminal Justice): ICO 31 Oct 2022

P N Bewley Ltd v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 28 Jan 2019

STAMP DUTY LAND TAX – bungalow and plot of land acquired with planning permission for demolition and building of new dwelling on site – whether higher rates of SDLT in Schedule 4ZA FA 2003 apply – whether bungalow building ‘suitable for use’ as a dwelling on date of transaction – held not so suitable – … Continue reading P N Bewley Ltd v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 28 Jan 2019

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1 Freedom to impart information Freedom to receive information Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to … Continue reading Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

Klausner Holz Niedersachsen v Land Nordrhein-Westfalen: ECJ 11 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Articles 107 TFEU and 108 TFEU – State aid – Aid granted in breach of Article 108(3) TFEU – Decision of a Member State court establishing the validity of the contract granting that aid – Res judicata – Interpretation in conformity with EU law – Principle … Continue reading Klausner Holz Niedersachsen v Land Nordrhein-Westfalen: ECJ 11 Nov 2015

Grimme Landmaschinenfabrik Gmbh and Co KG v Scott (T/A Scotts Potato Machinery): PatC 3 Nov 2009

Claim for infringement and cross application for revocation of patent Judges: Floyd J Citations: [2009] EWHC 2691 (Pat), [2010] FSR 11, [2010] ECDR 4 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Grimme Maschinenfabrik Gmbh and Co Kg v Derek Scott (T/A Scotts Potato Machinery) CA 15-Oct-2010 . . Lists of cited … Continue reading Grimme Landmaschinenfabrik Gmbh and Co KG v Scott (T/A Scotts Potato Machinery): PatC 3 Nov 2009

Floyd v Redcar and Cleveland Borough Council: CA 5 Aug 2009

The claimant appealed against dismissal of his claim for personal injuries. He had tripped over an uneven pavement. The authority denied that the pavement was within its responsibility. The roadway had been constructed by a developer with an agreement for the authority to adopt it, but the authority said that it had not been a … Continue reading Floyd v Redcar and Cleveland Borough Council: CA 5 Aug 2009

Boggis, Regina (on the Application of) v Natural England and Another: CA 29 Feb 2008

Renewed application for leave to bring judicial review – making of SSSI – granted. Judges: Mummery LJ, Munby J Citations: [2008] EWCA Civ 335 Links: Bailii Statutes: Wildlife and Countryside Act 1981 28 Jurisdiction: England and Wales Cited by: see Also – Boggis and Another, Regina (on the Application of) v Natural England and Another … Continue reading Boggis, Regina (on the Application of) v Natural England and Another: CA 29 Feb 2008