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Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Pilecki v Circuit Court of Legnica, Poland: Admn 31 Jul 2007

Extradition was sought of the defendant to Poland. The defendant challenged the validity of the European Arrest Warrant, saying that it listed offences for which he was sentenced to less than four month’s imprisonment, and that sufficient particulars had not been given. The court had aggregated the sentences. Held: The appeal was dismissed. The requirements … Continue reading Pilecki v Circuit Court of Legnica, Poland: Admn 31 Jul 2007

Wiejak v Olsztyn Circuit Court of Poland: Admn 27 Jul 2007

Judges: Sedley LJ Citations: [2007] EWHC 2123 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Krzyzowski v Circuit Court In Gliwice, Poland Admn 23-Nov-2007 Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now … Continue reading Wiejak v Olsztyn Circuit Court of Poland: Admn 27 Jul 2007

NHS Commissioning Board (NHS England) (Health): ICO 22 Jan 2019

The complainant has requested the legal advice received by NHS England (NHSE) following a meeting with a named doctor. NHSE identified information within the scope of the request but withheld this on the basis that the information was legally professionally privileged and therefore exempt under section 42 of the FOIA. The Commissioner’s decision, after considering … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 22 Jan 2019

NHS Commissioning Board (NHS England) (Health): ICO 25 Jan 2019

The complainant has made a request for information relating to contracts and change form. The Commissioner’s decision is that NHS England has failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached section 10(1) of the FOIA. The Commissioner requires NHS England to provide the complainant with a … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 25 Jan 2019

Doctor Bonner v Sir Patrick Threipland: SCS 15 Dec 1677

Doctor Bonner pursues Sir Patrick Threipland, late provost of St Johnston, pro salario, as having attended him, when he or some of his family were sick. Alleged, – He denied the order or employment. Answered, – He produced a letter, written by Sir Patrick to him, desiring him to come, and c. Replied, – That … Continue reading Doctor Bonner v Sir Patrick Threipland: SCS 15 Dec 1677

The Earl of Dumfermeling v The Earl of Calander: SCS 5 Dec 1677

The Earl of Dumfermeling being dead, and his brother, who succeeded to him, insisting in that famous process against the Earl of Calander, it was Alleged, He behoved to transfer. Answered, He needed not, for he had an assignation to the process from his brother, and so he now insists as assignee. Replied,-1mo, It was … Continue reading The Earl of Dumfermeling v The Earl of Calander: SCS 5 Dec 1677

Smit International (Deutschland) Gmbh v Josef Mobius Baugesellschaft Gmbh and Co: ComC 7 Jun 2001

Application by Defendants to set aside a default judgment entered against them pursuant to CPR Part 12.10, by reason of the Defendant’s failure to acknowledge service within time. Judges: The Hon Mr Justice Morison Citations: [2001] EWHC 531 (Comm) Links: Bailii Statutes: Civil Procedure Rules 12.10 Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 … Continue reading Smit International (Deutschland) Gmbh v Josef Mobius Baugesellschaft Gmbh and Co: ComC 7 Jun 2001

Kornicka-Ziobro v Poland: ECHR 20 Oct 2022

ECHR Judgment : Article 2 – Right to life : First Section Citations: 23037/16, [2022] ECHR 911 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682339

NHS Commissioning Board (NHS England) (Health): ICO 8 Jun 2022

The complainant requested from NHS England records of meetings and correspondence between NHS England and the Independent Health Provider Network (‘IHPN’) between 1 February 2020 and 15 May 2020. NHS England refused the request citing section 12 (cost of compliance exceeds appropriate limit) of FOIA. The Commissioner’s decision is that NHS England correctly applied section … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 8 Jun 2022

Forbes v Ecclesiastical Commissioners for England: 1872

The purpose of inclosure under the Act was after all to extinguish manorial rights of common over the land inclosed, so that it could be at the free disposal of the owner, but the Act did not extinguish customary rights. Citations: (1872) LR 15 Eq 51 Statutes: Inclosure Act 1845 Jurisdiction: England and Wales Cited … Continue reading Forbes v Ecclesiastical Commissioners for England: 1872

Robert Addie and Sons v Solicitor of Inland Revenue: 1875

When computing profits for tax purposes, the taxpayer is not allowed to deduct any sums for depreciation of capital assets. Lord Deas: ‘I think it is better not to run the risk of making any confusion in the grounds of judgment by adding anything to what your Lordship has said.’ Judges: Lord Deas Citations: (1875) … Continue reading Robert Addie and Sons v Solicitor of Inland Revenue: 1875

Lord Saltoun v Advocate General for Scotland: 1860

Citations: (1860) 3 Macq 659 Jurisdiction: Scotland Cited by: Cited – Davidson v Scottish Ministers HL 15-Dec-2005 The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the … Continue reading Lord Saltoun v Advocate General for Scotland: 1860

Commissioners of Inland Revenue v Marine Steam Turbine Co. Ltd: 1920

The respondent taxpayer company, had transferred to a third party its licence to exploit various patents for the manufacture of a marine steam turbine engine in return for the payment of a royalty on every engine sold by the third party and whose only business consisted of receiving the royalties, was not ‘carrying on a … Continue reading Commissioners of Inland Revenue v Marine Steam Turbine Co. Ltd: 1920

City of Berne v Bank of England: 1804

A state not recognised by the United Kingdom government has no standing in the English courts. Citations: (1804) 9 Ves 347 Jurisdiction: England and Wales Cited by: Cited – North Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London Admn 28-Jul-2005 The defendants had prevented the claimants from advertising … Continue reading City of Berne v Bank of England: 1804

Kerr v British Leyland (Staff Trustees) Ltd: 26 Mar 1986

In confirming that trustees did not have an uncontrolled discretion to determine whether the incapacity of a beneficiary of the trust was permanent, the Court held ‘Now this is not a case of trust where the beneficiaries are simply volunteers. The beneficiaries here are not volunteers. Their rights derive from contractual and commercial origins. They … Continue reading Kerr v British Leyland (Staff Trustees) Ltd: 26 Mar 1986

Regina v Board of Inland Revenue, ex parte Goldberg: 1989

Photocopies of documents were sent to leading counsel. The Inland Revenue sought their production under s20. Held: The copies had been produced for purposes attracting legal professional privilege, and were not discoverable to the Revenue even though the originals might have been. Citations: [1989] QB 267 Statutes: Taxes Management Act 1970 20 Jurisdiction: England and … Continue reading Regina v Board of Inland Revenue, ex parte Goldberg: 1989

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

The complainant requested information from The NHS Commissioning Board relating to the spend data above pounds 25,000 between 1 April 2020 and 28 February 2021. 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. … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 20 Oct 2021

Northern Ireland Housing Executive (Central Government): ICO 18 Jul 2019

The complainant requested Options Appraisals relating to tower blocks and information on which Northern Ireland Housing Executive (NIHE) based decisions about its stock of tower blocks. NIHE withheld the Options Appraisals under section 36(2)(c)(prejudice to the effective conduct of public affairs). The Commissioner’s decision is that, at the time of the request, the Options Appraisals … Continue reading Northern Ireland Housing Executive (Central Government): ICO 18 Jul 2019

Northern Ireland Housing Executive (Central Government): ICO 9 Oct 2019

The complainant has requested any minutes of meetings regarding a specific cavity wall insulation study. The Northern Ireland Housing Executive disclosed some information and withheld the remainder, citing regulation 12(4)(d) (Material in the course of completion) of the EIR. The Commissioner’s decision is that the Northern Ireland Housing Executive has applied regulation 12(4)(d) of the … Continue reading Northern Ireland Housing Executive (Central Government): ICO 9 Oct 2019

Boyland and Son Ltd v Rand: CA 20 Dec 2006

The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006

Midlands Co-Operative Society Ltd v HM Revenue and Customs: CA 9 Apr 2008

The tax-payer had assigned it’s business to the claimant, and with it the right to reclaim overpaid VAT. The commissioners appealed a finding that the right to claim a refund was assignable. Held: The appeal failed. The statute would have to have included a prohibition on assignment for one to be in place: ‘It was … Continue reading Midlands Co-Operative Society Ltd v HM Revenue and Customs: CA 9 Apr 2008

Dojs v Poland: ECHR 2 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 47402/99, [2004] ECHR 576 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.227761

Jenkins v Legoland Windsor Park Ltd: EAT 3 Jul 2003

EAT Disability Discrimination – Disability Judges: His Hon Judge J R Reid Qc Citations: EAT/1155/02, [2003] EAT 1155 – 02 – 0307, [2003] UKEAT 1155 – 02 – 0307 Links: Bailii, Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Jenkins v Legoland Windsor Park Ltd EAT 12-Feb-2003 The claimant who had a withered … Continue reading Jenkins v Legoland Windsor Park Ltd: EAT 3 Jul 2003

Thoburn v Northumberland County Council: CA 19 Jan 1999

The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act. Held: Though the blockage was not entirely on the Highway, the nature and extent of it was known to the Authority and they were properly found to … Continue reading Thoburn v Northumberland County Council: CA 19 Jan 1999

Guinness Peat Group Plc v British Land Company Plc and others: CA 18 Dec 1998

The claimant, a minority shareholder, had said that the defendant had acted prejudicially in transferring the company’s only substantial asset to another company. The respondent said that since the shares had always been of nil value they could not hae been prejudiced. The claimant appealed a strike out of its claim. Held: Such a strike … Continue reading Guinness Peat Group Plc v British Land Company Plc and others: CA 18 Dec 1998

Governor and Company of Bank of Scotland v Bennett and Another: CA 21 Dec 1998

The bank appealed an order setting aside a deed of guarantee and mortgage and denying the possession order sought. The guarantee had been given to support borrowings of the defendant’s company. The defendant was the wife of the director and had been reluctant to sign, and claimed she had not been given independent advice. The … Continue reading Governor and Company of Bank of Scotland v Bennett and Another: CA 21 Dec 1998

Midland Bank Plc v Cox McQueen (A Firm): CA 26 Jan 1999

Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife. Held: The court said that it was asked whether the bank intended to ask for, and whether the solicitors intended … Continue reading Midland Bank Plc v Cox McQueen (A Firm): CA 26 Jan 1999

Passmore v Morland and Co plc and Others: CA 2 Feb 1999

The court was asked whether a beer supply agreement which, as between the original parties, was prohibited by Article 85(1) and so automatically void under the provisions of Article 85(2), may, nevertheless, be enforced by an assignee from one party in circumstances in which, if an agreement in identical terms had been entered into between … Continue reading Passmore v Morland and Co plc and Others: CA 2 Feb 1999

Step By Step (Northern Ireland) Ltd v Revenue and Customs (VAT – HMRC Refusal of Application To Cancel VAT Registration): FTTTx 24 Feb 2021

VAT – HMRC refusal of application to cancel VAT registration – whether supplies made in restaurant were closely related to exempt supplies of education – held yes – decision to refuse to cancel registration unreasonable – appeal allowed Citations: [2021] UKFTT 52 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 30 November 2022; Ref: … Continue reading Step By Step (Northern Ireland) Ltd v Revenue and Customs (VAT – HMRC Refusal of Application To Cancel VAT Registration): FTTTx 24 Feb 2021

Commission v Poland: ECJ 4 Jun 2015

ECJ Judgment – Failure to fulfill obligations – VAT -Directive 2006/112 / EEC – Annex III – Application of a reduced rate of VAT to medical equipment, auxiliary equipment and other devices as well as pharmaceutical products Citations: C-678/13, [2015] EUECJ C-678/13, ECLI:EU:C:2015:358 Links: Bailii Jurisdiction: European VAT Updated: 30 November 2022; Ref: scu.547692

Department of The Environment Northern Ireland (Decision Notice): ICO 13 Dec 2010

The complainant requested minutes of meetings relating to two planning applications. The Department advised that it did not hold this information as no minutes were taken, but the complainant was not satisfied with this response. The complainant requested that the Department conduct an internal review. Despite the Commissioner’s intervention the Department failed to conduct an … Continue reading Department of The Environment Northern Ireland (Decision Notice): ICO 13 Dec 2010

Powysland Internal Drainage Board (Decision Notice): ICO 25 Jul 2012

The complainant requested a current copy of the 25 OS plans showing the Board’s maintained drains, ditches, water courses etc. The Board initially refused to provide the information stating that it was against copyright rules. It also offered the complainant access to inspect the maps on its premises however the complainant considered this alternative as … Continue reading Powysland Internal Drainage Board (Decision Notice): ICO 25 Jul 2012

Office of The Solicitor To The Advocate General for Scotland (Decision Notice): ICO 6 Dec 2010

The complainant wrote to the public authority, the Office of the Solicitor to the Advocate General (OSAG), to request information regarding a number of aspects relating to the operation of OSAG. OSAG responded to the request and disclosed some of the information requested, applying various exemptions to the remaining withheld information. The complainant’s internal review … Continue reading Office of The Solicitor To The Advocate General for Scotland (Decision Notice): ICO 6 Dec 2010

Health and Safety Executive for Northern Ireland (Decision Notice): ICO 8 Dec 2008

ICO On 18 June 2005 the complainant requested information from the Health and Safety Executive Northern Ireland (The ‘HSENI’) in relation his accident at work. The HSENI withheld the information on the basis that it is exempt under section 44 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner is satisfied that the … Continue reading Health and Safety Executive for Northern Ireland (Decision Notice): ICO 8 Dec 2008

Property Alliance Group Ltd v The Royal Bank of Scotland Plc: ChD 8 Jun 2015

The parties disputed the extent of the duty on the defendant to make disclosure of documents. Over 2.5 million possible documents had been identified. The bank now claimed privilege for documents relating to the complaint issues created in discussions between the bank and its regulator. Held: The documents had privilege unless and until the bank … Continue reading Property Alliance Group Ltd v The Royal Bank of Scotland Plc: ChD 8 Jun 2015

Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008

On 11 September 2007 the complainant requested from The Commission for Local Administration in England (‘CLAE’) copies of legal guidance provided to it by the Department for Communities and Local Government (the ‘DCLG’), the CLAE’s external auditors and/or the Information Commissioner (the ‘Commissioner’) relating to its handling of requests under the Freedom of Information Act … Continue reading Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008

Bierski v Poland: ECHR 20 Oct 2022

ECHR Judgment : Preliminary objection dismissed : First Section Citations: 46342/19, [2022] ECHR 912 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682337

NHS Commissioning Board (NHS England) (Health): ICO 16 Sep 2021

The complainant requested from NHS England information relating to NHS dental services. 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 to the request within 20 working days and has therefore breached regulation section 10 of … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 16 Sep 2021

Netherlands v Commission (State Aid – Netherlands Law Prohibiting The Use of Coal for Electricity Generation – Early Closure of A Coal-Fired Power Station – Award of Compensation): ECFI 16 Nov 2022

State aid – Netherlands law prohibiting the use of coal for the production of electricity – Early closure of a coal-fired power station – Grant of compensation – Decision not to raise objections – Decision declaring the compensation compatible with the internal market – Lack of express qualification of ‘State aid’ – Action for annulment … Continue reading Netherlands v Commission (State Aid – Netherlands Law Prohibiting The Use of Coal for Electricity Generation – Early Closure of A Coal-Fired Power Station – Award of Compensation): ECFI 16 Nov 2022

Secure Service Ltd v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 30 Jan 2020

STAMP DUTY LAND TAX – procedure – whether this Tribunal has jurisdiction to hear an appeal against a refusal by HMRC to allow a claim for multiple dwellings relief to be made late – no – appeal dismissed Citations: [2020] UKFTT 59 (TC) Links: Bailii Jurisdiction: England and Wales Stamp Duty Updated: 27 November 2022; … Continue reading Secure Service Ltd v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 30 Jan 2020

Stokes, Regina (on The Application of) v Parole Board of England and Wales: Admn 28 Apr 2020

Renewed application by the claimant for permission to bring judicial review proceedings to challenge the decision made by the defendant refusing his application for reconsideration of the recommendation by the defendant’s panel that he should remain confined to prison for the protection of the public but that he should be moved to open conditions. Citations: … Continue reading Stokes, Regina (on The Application of) v Parole Board of England and Wales: Admn 28 Apr 2020

Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955

Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32. The Respondent Company carried on an … Continue reading Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955

Campaign To Protect Rural England (CPRE), Regina (on The Application of) v Dover District Council: Admn 16 Dec 2015

The planning authority granted permission for a substantial development against the advice of its officers. Judicial review was now sought of the process. Held: The request was refused. Judges: Mitting J Citations: [2015] EWHC 3808 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Campaign To Protect Rural England, Kent (CPRE), Regina … Continue reading Campaign To Protect Rural England (CPRE), Regina (on The Application of) v Dover District Council: Admn 16 Dec 2015

Campaign To Protect Rural England, Kent (CPRE), Regina (on The Application of) v Dover District Council: CA 14 Sep 2016

Appeal against grant of permission to bring judicial review of a planning decision. Held: The appeal was allowed, and the permission quashed. Laws LJ pointed to three particular factors as calling for clear reasons: the ‘pressing nature’ of the AONB policy as expressed in the NPPF para 115-6 (‘the highest status of protection’); the departure … Continue reading Campaign To Protect Rural England, Kent (CPRE), Regina (on The Application of) v Dover District Council: CA 14 Sep 2016

Uprichard v Scottish Ministers and Another (Scotland): SC 24 Apr 2013

The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had been obtained and incorporated in the plan. She had objected that St Andrews had reached te limit of … Continue reading Uprichard v Scottish Ministers and Another (Scotland): SC 24 Apr 2013

Archer Daniels Midland v Commission (Competition): ECJ 6 Nov 2008

Europa Appeal against a judgment of the Court of First Instance – Competition Citric acid cartel – Determination of the amount of the fine – Rights of the defence – Role as a ringleader of the cartel – Use by the Commission of evidence produced in the context of a proceeding conducted by the antitrust … Continue reading Archer Daniels Midland v Commission (Competition): ECJ 6 Nov 2008