Search Results for: Land

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Multiplex Construction Ltd v Cleveland Bridge Ltd and Another: CA 6 Feb 2008

Citations: [2008] EWCA Civ 133, 118 Con LR 16 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd TCC 31-Aug-2005 A third party television company sought access to the particulars of claim and other pleadings. Held: HH Judge Wilcox said: ‘There can be no legitimate … Continue reading Multiplex Construction Ltd v Cleveland Bridge Ltd and Another: CA 6 Feb 2008

Archer Daniels Midland v Commission (Competition): ECFI 27 Sep 2006

Europa Competition – Cartels – Citric acid – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principles of legal certainty and non-retroactivity – Principle of proportionality – Equal treatment – Obligation to state reasons – Rights of the defence. … Continue reading Archer Daniels Midland v Commission (Competition): ECFI 27 Sep 2006

Maguire v Harland and Wolff Plc and Another: CA 26 Jan 2005

The claimant was a wife who had been exposed to asbestos dust when washing the clothes of her husband who had worked with asbestos for the defendants. She died of mesothelioma. His employer appealed an award of damages to her. Held: Courts must be careful of hindsight. The judge had accepted that there was nothing … Continue reading Maguire v Harland and Wolff Plc and Another: CA 26 Jan 2005

Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Brady v Sunderland Association Football Club Ltd: CA 17 Nov 1998

The plaintiff appealed refusal of his claim for damages. He had suffered injury whilst training for football, and alleged negligence agains the club and its doctors. He accepted that his contract imposed no higher duty than the standard one. The judge had found the condition to be one which a doctor might see once in … Continue reading Brady v Sunderland Association Football Club Ltd: CA 17 Nov 1998

McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

Healthspan Ltd v Revenue and Customs (VAT – Goods Despatched From Warehouse In Netherlands Delivered To UK Customers): FTTTx 17 Dec 2020

VAT – goods despatched from warehouse in Netherlands delivered to UK customers – Article 33 of the PVD – whether goods despatched or transported ‘by or on behalf of the supplier’ – CJEU judgment in KrakVet applied to the facts – goods supplied by or on behalf of Appellant – appeal refused Citations: [2020] UKFTT … Continue reading Healthspan Ltd v Revenue and Customs (VAT – Goods Despatched From Warehouse In Netherlands Delivered To UK Customers): FTTTx 17 Dec 2020

JN v Poland: ECHR 10 Nov 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 10390/15, [2022] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682607

Department of Finance Northern Ireland (Other): ICO 16 Jun 2020

The complainant has requested information from the Department regarding a recruitment process. The Department disclosed some information to him, however it refused to disclose the remainder, citing section 40(2) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Department has correctly applied section 40(2) of the FOIA to the withheld … Continue reading Department of Finance Northern Ireland (Other): ICO 16 Jun 2020

Pensfold v Revenue and Customs (Stamp Duty Land Tax – Whether Relief Available): FTTTx 14 Nov 2019

STAMP DUTY LAND TAX – whether relief available under Para 5B Sch 4A Finance Act 2003 – held yes – whether property mixed use or wholly residential – held solely residential – whether penalties should be applied for deliberate or careless error – held no penalty because appellant took reasonable care to avoid any inaccuracy … Continue reading Pensfold v Revenue and Customs (Stamp Duty Land Tax – Whether Relief Available): FTTTx 14 Nov 2019

Lothbury Investment Corporation Ltd v Inland Revenue Commissioners: 1979

The taxpayer company was a non-trading company owing shareholders substantial sums. Rather than pay dividends it waived dividends it held in a public company, and the shareholder waived interest on the loans. The IR apportioned the income of the company between the shareholders pro rata according to their interest on a winding up. The commissioners … Continue reading Lothbury Investment Corporation Ltd v Inland Revenue Commissioners: 1979

In Re Land and Property Trust Co Plc (No 2): CA 16 Feb 1993

The judge was wrong to refuse an adjournment when he had insufficient evidence before him properly to make his decision, and when a costs order was sought against the company directors personally in respect of an application for the winding up of a company. The directors had not been party to the early part of … Continue reading In Re Land and Property Trust Co Plc (No 2): CA 16 Feb 1993

Partridge v Revenue and Customs (Stamp Duty Land Tax – Transaction Involving Multiple Dwellings): FTTTx 13 Jan 2021

STAMP DUTY LAND TAX – transaction involving multiple dwellings – purchase of property with main house and an annex – did main house and annex each count as a dwelling? – were main house and annex both suitable for use as a single dwelling? – no – appeal dismissed. Citations: [2021] UKFTT 6 (TC) Links: … Continue reading Partridge v Revenue and Customs (Stamp Duty Land Tax – Transaction Involving Multiple Dwellings): FTTTx 13 Jan 2021

NHS Commissioning Board (NHS England) (Health): ICO 11 Feb 2021

The complainant requested information from the NHS Commissioning Board (NHS England) about NHS England patient mental health guidelines issued during the Covid-19 pandemic and related information. By the date of this notice the NHS England had failed to provide a substantive response to this request. The Commissioner’s decision is that NHS England has breached section … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 11 Feb 2021

Hall v Brooklands Auto Racing Club: CA 1933

The organisers of a racing circuit were not liable for personal injuries suffered when a racing car leapt the barriers and crashed into the crowd, having taken reasonable precautions to prevent such events.Lord Justice Scrutton said: ‘What is reasonable care would depend upon the perils which might be reasonably expected to occur, and the extent … Continue reading Hall v Brooklands Auto Racing Club: CA 1933

Homes of England Ltd v Horsham Holdings Ltd and Others: ChD 4 May 2020

The Petitioner sought an interim order restraining the Respondents until trial of its petition under s.994 of the Companies Act 2006 from paying out the sum of pounds 500,000, currently held in a solicitors’ client account, to any of the Respondents other than the First Respondent. It also seeks a further order preventing the First … Continue reading Homes of England Ltd v Horsham Holdings Ltd and Others: ChD 4 May 2020

Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue and Another: ChD 29 Nov 2013

Application by the defendants (‘HMRC’) to make certain re-amendments to their defence to which the claimants have not consented. Judges: Henderson J Citations: [2013] EWHC 3757 (Ch) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 26 November 2022; Ref: scu.518500

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another: CA 21 Dec 2007

Judges: Lord Justice May Citations: [2007] EWCA Civ 1372 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd TCC 31-Aug-2005 A third party television company sought access to the particulars of claim and other pleadings. Held: HH Judge Wilcox said: ‘There can be no legitimate … Continue reading Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another: CA 21 Dec 2007

Georgios Orfanopoulos and Others v Land Baden-Wurttemberg.: ECJ 29 Apr 2004

When considering a claim to resist deportation ‘the requirement of the existence of a present threat must, as a general rule, be satisfied at the time of the expulsion.’ Europa On the interpretation of Article 39(3) EC and Article 9(1) of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning … Continue reading Georgios Orfanopoulos and Others v Land Baden-Wurttemberg.: ECJ 29 Apr 2004

Archer Daniels Midland and Archer Daniels Midlands Ingredients v Commission (Judgment): ECFI 9 Jul 2003

ECFI Competition – Cartel – Lysine – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Turnover – Aggravating circumstances – Mitigating circumstances – Cooperation during the administrative procedure – Concurrent sanctions. Citations: T-224/00, [2003] EUECJ T-224/00 Links: Bailii Jurisdiction: European Cited by: See Also – Archer … Continue reading Archer Daniels Midland and Archer Daniels Midlands Ingredients v Commission (Judgment): ECFI 9 Jul 2003

McNiven (Inspector of Taxes) v Westmoreland Investments Ltd: CA 26 Oct 1998

Cross loans were made between an investment company and pension schemes. The overall effect was to create payments which could be set off against Corporation Tax. They were not a pre-ordained series of transactions where the underlying loans were genuine, and the payments were made in respect of a genuine accrual of interest. Citations: Times … Continue reading McNiven (Inspector of Taxes) v Westmoreland Investments Ltd: CA 26 Oct 1998

London and South of England Building Society v Stone: CA 1983

A claim was by lenders against negligent valuers after they failed to spot subsidence. They sought for the difference of pounds 11,880 between the amount advanced and the amount which would have been lent upon a proper valuation. The borrowers’ ultimate repayment of the original advance out of the proceeds of the eventual sale of … Continue reading London and South of England Building Society v Stone: CA 1983

Archer Daniels Midland v Commission (Competition): ECJ 19 Mar 2009

Appeal – Competition Agreements, decisions and concerted practices – Sodium gluconate market – Fines – Guidelines on the method of setting fines – Community competition policy – Equal treatment – Turnover to be taken into account – Attenuating circumstances Citations: [2009] EUECJ C-510/06, [2009] 4 CMLR 20 Links: Bailii Jurisdiction: European Citing: Opinion – Archer … Continue reading Archer Daniels Midland v Commission (Competition): ECJ 19 Mar 2009

Mashoof v Revenue and Customs (Stamp Duty Land Tax – Paragraph 25 of Schedule 10 To Finance Act 2003 – Whether Revenue Determination Made, Issued and Served): FTTTx 25 Mar 2020

STAMP DUTY LAND TAX – paragraph 25 of schedule 10 to Finance Act 2003 – whether Revenue determination made, issued and served – paragraph 35(1)(e) and paragraph 36(5A) of schedule 10 to Finance Act 2003 – whether the Tribunal has jurisdiction to consider an appeal against a Revenue determination based on procedural defects – whether … Continue reading Mashoof v Revenue and Customs (Stamp Duty Land Tax – Paragraph 25 of Schedule 10 To Finance Act 2003 – Whether Revenue Determination Made, Issued and Served): FTTTx 25 Mar 2020

The Health Service Executive of Ireland v Moorgate: CoP 11 Mar 2020

Consideration of whether the necessary criteria are met for the recognition and enforcement of protective measures contained in an order made by the Irish High Court on 4th February 2020. The order was made by the President of the Irish High Court on the application of the Health Service Executive of Ireland (‘HSE’). The order … Continue reading The Health Service Executive of Ireland v Moorgate: CoP 11 Mar 2020

Dalton v The Midland Counties Railway Company: 22 Apr 1853

The plaintiff, a married woman, bought, with moneys earned by her partly before and partly during coverture, railway stock, in her own name, and was registered as the proprietor thereof. Held: that, inasmuch as she might be joined with her husband in an action against the company for dividends due upon the stock, she might … Continue reading Dalton v The Midland Counties Railway Company: 22 Apr 1853

Radio Corporation of America v Ranland Corporation: 1956

The 1856 Act cannot be used to allow a fishing expedition for evidence. The court distinguished between ‘a process by way of discovery and testimony for that purpose’ and ‘testimony for the trial itself’. Judges: Devlin J Citations: [1956] 1 QB 618 Statutes: Foreign Tribunals Evidence Act 1856 Jurisdiction: England and Wales Cited by: Cited … Continue reading Radio Corporation of America v Ranland Corporation: 1956

Copeland Borough Council v Secretary of State for the Environment: 1976

An enforcement notice was served relating to a dwelling house which had been built with a roof covering of the wrong colour. The authority had described the breach of planning control by reference to the construction of the roof, rather than the construction of the house as a whole. Held: This was an error sufficient … Continue reading Copeland Borough Council v Secretary of State for the Environment: 1976

Cie Noga d’Importation et d’Exportation SA v Australia and New Zealand Banking Group Ltd: 2002

Where one party appeals a judgment on its merits, the respondent is then entitled to seek to support it, even without needing further permission, on further grounds. Citations: [2003] 1 WLR 307, [2002] EWCA 1142 Jurisdiction: England and Wales Cited by: Cited – Kastor Navigation Co Ltd and Another v Axa Global Risks (Uk) Ltd … Continue reading Cie Noga d’Importation et d’Exportation SA v Australia and New Zealand Banking Group Ltd: 2002

Jackson v Chief Constable of West Midlands Police: QBD 22 Oct 1993

Mr Jackson was convicted of a drugs offence. On arrest, the police had seized money in his possession. No order as to the money was made at the trial. Mr Jackson applied under the Act. The magistrate accepted that Mr Jackson was the owner of the money, but, because he (the magistrate) considered that it … Continue reading Jackson v Chief Constable of West Midlands Police: QBD 22 Oct 1993

In re Beaumont, Deceased; Martin v Midland Bank Trust Co Ltd: 1980

The words in the section ‘immediately before’ in the context of the maintenance of the claimant by the deceased before the death, were not to be construed literally. The situation was to be viewed as the general arrangements for maintenance in place at the time of the death. In this case a short stay in … Continue reading In re Beaumont, Deceased; Martin v Midland Bank Trust Co Ltd: 1980

Mcfarland, Re Application for Judicial Review: QBNI 2002

The claimant sought compensation for his imprisonment after his conviction had been overturned. Judges: Kerr J Citations: [2002] NIQB 14, [2002] NIJB 154 Jurisdiction: Northern Ireland Citing: Appealed to – McFarland, Re Application for Judicial Review CANI 28-Jun-2002 . . Cited by: Appeal from – McFarland, Re Application for Judicial Review CANI 28-Jun-2002 . . … Continue reading Mcfarland, Re Application for Judicial Review: QBNI 2002

British Midland Tool Limited v Midland International Tooling: ChD 2003

Four former employees had set out to create a business in competition with the claimant. They had agreed to use unlawful means to do so. Held: A director who decided to set up a competing business and took preparatory steps could rely upon the public interest in favouring competitive business as an answer to allegations … Continue reading British Midland Tool Limited v Midland International Tooling: ChD 2003

Coupland v Frinbow: 1790

A writ of enquiry in an action by bill is good, although it be returnable upon a general return day. Citations: [1790] EngR 412, (1790) Say 245, (1790) 96 ER 868 (A) Links: Commonlii Jurisdiction: England and Wales Litigation Practice Updated: 25 November 2022; Ref: scu.363465

Forestry Commission England (Central Government): ICO 11 Jun 2020

The complainant has requested correspondence exchanged with two particular hunts. The Forestry Commission refused the request as manifestly unreasonable. The Commissioner’s decision is that the Forestry Commission has failed to demonstrate why Regulation 12(4)(b) of the EIR is engaged and is therefore not entitled to rely on the exception. The Commissioner requires the Forestry Commissioner … Continue reading Forestry Commission England (Central Government): ICO 11 Jun 2020

Ireland v Commission and Others (Appeal – State Aid – Aid Granted By The Grand Duchy of Luxembourg): ECJ 16 Dec 2021

Appeal – State aid – Aid granted by the Grand Duchy of Luxembourg – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Arm’s length principle – Advantage – Reference framework – ‘Normal’ taxation – Selectivity – Presumption Citations: C-898/19, [2021] EUECJ C-898/19P_O, ECLI:EU:C:2021:1029 Links: … Continue reading Ireland v Commission and Others (Appeal – State Aid – Aid Granted By The Grand Duchy of Luxembourg): ECJ 16 Dec 2021

Associated Portland Cement Manufacturers Ltd v Teigland Shipping A/S (The Oakworth): 1975

Citations: [1975] 1 Ll Rep 581 Jurisdiction: England and Wales Cited by: Cited – Lady Navigation Inc v Lauritzencool Ab and Another CA 17-May-2005 The shipowner appealed the award against them of an injunction requiring them not to act inconsistently with a time charterparty. The company said that such a form of order was improper. … Continue reading Associated Portland Cement Manufacturers Ltd v Teigland Shipping A/S (The Oakworth): 1975

M’Kew v Holland and Hannen and Cubitts (Scotland) Ltd: 1969

Judges: Lord Justice Clerk (Grant) Citations: [1969] 3 All ER 1621, 1969 SC 14 Jurisdiction: Scotland Citing: Obiter rmarks doubted – McKillen v Barclay Curle and Co Ltd 1967 The Lord Ordinary had awarded the pursuer damages for tuberculosis, on the basis that in the accident he had fractured a rib and this had reactivated … Continue reading M’Kew v Holland and Hannen and Cubitts (Scotland) Ltd: 1969

Mayor, Constables and Company of the Merchants of the Staple v Bank of England: 1883

The sealing of a deed prima facie imported not only due execution but also delivery. ‘The affixing the seal is not enough; there must be delivery of the deed also . . . Prima facie, putting the seal imports delivery; yet, if it be intended otherwise, it is not so . . .’ Judges: Wills … Continue reading Mayor, Constables and Company of the Merchants of the Staple v Bank of England: 1883

Cardland (Trade Mark: Opposition): IPO 5 Aug 2019

Section 3(6) Bad Faith – No intention to use Section 3(6) Bad Faith – Knowledge of opponent’s use in the UK Section 3(6) Bad Faith – Breach of agreement between the parties Section 3(6) Bad Faith – Breach of fiduciary duty Section 5(4) Earlier Rights – Passing off (Issues arising from Registry proceedings) Other Issues … Continue reading Cardland (Trade Mark: Opposition): IPO 5 Aug 2019

Fivaz v Marlborough Knightsbridge Management Ltd (Landlord and Tenant – Breach of Covenant): UTLC 29 Apr 2020

LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease- tenant covenant not to remove landlord’s fixtures without consent – whether breach of covenant when entrance door to flat replaced by tenant – whether entrance doors comprise landlord’s fixtures – appeal allowed – section 168(4) of the Commonhold and Leasehold Reform Act 2002 Citations: … Continue reading Fivaz v Marlborough Knightsbridge Management Ltd (Landlord and Tenant – Breach of Covenant): UTLC 29 Apr 2020

Historic England (Other): ICO 18 Dec 2019

The complainant requested information from Historic England (HE) relating to a planning application. HE provided some information but withheld the rest under regulation 12(5)(b) of the EIR – adversely affect the course of justice. The Commissioner’s decision is that the information held by HE is environmental in nature. However, since the requested information relates to … Continue reading Historic England (Other): ICO 18 Dec 2019