Search Results for: Land

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NHS Commissioning Board (NHS England) (Health) ic-130092: ICO 28 Oct 2021

The complainant has requested information from the NHS Commissioning Board (‘NHS England’) relating to the effectiveness of the National Genomic Information System within the NHS. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and therefore breached Section 10 of the Freedom of Information Act (‘the FOIA’). … Continue reading NHS Commissioning Board (NHS England) (Health) ic-130092: ICO 28 Oct 2021

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

Police Service of Northern Ireland (Decision Notice): ICO 31 Jan 2012

The complainant requested information relating to a police investigation. The Police Service of Northern Ireland (the PSNI) refused to comply with the request, arguing that it was vexatious under section 14(1) of the Act. Following the Commissioner’s intervention the PSNI withdrew reliance on section 14 and issued a revised refusal notice to the complainant. The … Continue reading Police Service of Northern Ireland (Decision Notice): ICO 31 Jan 2012

Sport England (Decision Notice): ICO 30 Jan 2012

The complainant made his request on 23 September 2010, which has been considered and can be seen in full in the body of this notice. The Commissioner’s decision is that Sport England has correctly stated that it does not hold the requested information which has not already been disclosed. However, in not providing one specific … Continue reading Sport England (Decision Notice): ICO 30 Jan 2012

Police Service of Northern Ireland (Decision Notice): ICO 21 Jun 2011

The complainant requested information relating to a specified address during the 1970s. The PSNI refused to confirm or deny whether it held any relevant information, citing the exemptions at sections 23(5), 24(2), 30(3), 31(3) and 40(5) of the Act. The Commissioner finds that the PSNI correctly applied the exemptions, and does not require any further … Continue reading Police Service of Northern Ireland (Decision Notice): ICO 21 Jun 2011

Pick v Chief Land Registrar: ChD 21 Jan 2011

The Court was asked: ‘Whether, apart from and without prejudice to paragraph 14 of the defence, the cancellation of the restriction in favour of the claimant on 13th August 2008 and the restriction [sic]’ (by which it is agreed was meant ‘registration’) ‘on that date of Ms Awokiyesi in place of the bankrupt was a … Continue reading Pick v Chief Land Registrar: ChD 21 Jan 2011

Archer Daniels Midland v Commission (Competition): ECJ 15 May 2008

EU (Opinion) Appeal Competition Article 81 EC Cartel Sodium gluconate market Regulation No 17 Fines Guidelines on the method of setting fines Statement of reasons demonstrating the need to increase the level of fines EEA-wide product turnover Principle of equal treatment Determination of market impact Burden of pleading and proving the facts Duration of the … Continue reading Archer Daniels Midland v Commission (Competition): ECJ 15 May 2008

Archer Daniels Midland and Another v Commission (Competition): ECJ 18 May 2006

ECJ Appeals – Competition – Cartels – Synthetic lysine market – Fines – Guidelines on the method of setting fines – Non-retroactivity – Non bis in idem principle – Equal treatment – Turnover which may be taken into account.‘the principle of ne bis in idem prohibits the same person from being sanctioned more than once … Continue reading Archer Daniels Midland and Another v Commission (Competition): ECJ 18 May 2006

Kanda v Church Commisioners for England: 1958

The landlord served a section 146 notice for breach of a repairing covenant. The lease had been assigned. Held: The notice should be served on the assignee. Citations: [1958] 1 QB 332 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Cited by: Cited – Old Grovebury Manor Farm Ltd v W Seymour … Continue reading Kanda v Church Commisioners for England: 1958

Mobil Oil New Zealand Ltd v Mandeno: 1995

A time provision governing the time within which the lessee may serve a counternotice is of the essence. Citations: [1995] 3 NZLR 114 Jurisdiction: England and Wales Cited by: Cited – Ernest John Fifield and Another v W and R Jack Limited PC 29-Jun-2000 PC (New Zealand) The tenants sought an extension of time to … Continue reading Mobil Oil New Zealand Ltd v Mandeno: 1995

Mortimer Investments Ltd v Mount Eden Land Ltd: 26 Mar 1997

The court was asked as to the interpretation of an elderly restrictive user covenant in a lease. The proposed use was by a sub-tenant as a sandwich bar serving ready prepared food, including cooked food, to take away and also to consume on the premises. Held: (Solicitor’s note of the judgment) ‘I accept that victualler … Continue reading Mortimer Investments Ltd v Mount Eden Land Ltd: 26 Mar 1997

Dale v Inland Revenue Commissioners: HL 1954

Payments to trustees, which a testator had directed should be paid from a charitable trust for their work as trustees, were held to be earned income. The Revenue had contended that they were investment income because it was repugnant to the nature of trusteeship that they should receive a profit from the performance of their … Continue reading Dale v Inland Revenue Commissioners: HL 1954

Cityland and Property (Holdings) Ltd v Dabrah: 1968

The mortgage secured a debt of pounds 2,900 owing by the mortgagor to the mortgagee. The mortgagor covenanted to pay the mortgagee pounds 4,553 by monthly instalments over a six year period. The return to the mortgagee was in the form of a premium rather than a specified interest rate. The mortgage also provided that … Continue reading Cityland and Property (Holdings) Ltd v Dabrah: 1968

Newland v Attorney-General: 1809

Charitable purpose implied Citations: (1809) 3 Mer 684 Jurisdiction: England and Wales Cited by: Cited – Sir Graham Stanley Latimer and others – Trustees for the Crown Forestry Rental Trust v The Commissioner of Inland Revenue PC 25-Feb-2004 PC (New Zealand) The Crown created a charitable trust for certain Maori people. Upon exhaustion of the … Continue reading Newland v Attorney-General: 1809

Weber v Switzerland: ECHR 22 May 1990

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 10; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1990] ECHR 13, 11034/84 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.165064

Royal Bank of Scotland v Etridge, Loftus and Another v Etridge and Another, Etridge v Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc v Wallace and Another (No 2): CA 31 Jul 1998

Detailed guidance was given on the quality of independent legal advice, which would be required to be given to wives signing charges to secure their husbands’ business etc accounts on the matrimonial home. The interaction of legal advice and allegations of undue influence is a question of notice. Citations: Times 17-Aug-1998, Gazette 26-Aug-1998, [1998] EWCA … Continue reading Royal Bank of Scotland v Etridge, Loftus and Another v Etridge and Another, Etridge v Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc v Wallace and Another (No 2): CA 31 Jul 1998

Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

The court considered whether, and if so, the circumstances in which, police officers may be liable in negligence to suspects for failure to comply with the Codes of Practice. Citations: [1998] EWCA Civ 1305 Statutes: Police and Criminal Evidence Act 1984 66 67 Jurisdiction: England and Wales Negligence, Torts – Other, Police Updated: 23 November … Continue reading Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

Walter Edwards And Mary His Wife Only Child of Richard Freeman Esq, Late Lord Chancellor of Ireland, By Elizabeth His First Wife One of The Daughters of Sir Anthony Keck v Anne Freeman Widow And Administratrix of The Said Richard Freeman: 1727

Husband by marriage settlement secures a portion for daughters of the marriage, in default of issue male ; there is one daughter only, the husband survives that wife, and marries again, leaves issue by the second wife, and dies intestate, the daughter by the first marriage being an infant and her portion not then due, … Continue reading Walter Edwards And Mary His Wife Only Child of Richard Freeman Esq, Late Lord Chancellor of Ireland, By Elizabeth His First Wife One of The Daughters of Sir Anthony Keck v Anne Freeman Widow And Administratrix of The Said Richard Freeman: 1727

Hardcastle, Rex (on The Application of) v BDW Trading Ltd (T/A David Wilson Homes South Midlands): Admn 16 Nov 2022

Challenge to the grant of outline planning permission by the defendant, Buckinghamshire Council, for a residential development on a site abutting Maids Moreton in Buckinghamshire. Judges: Sir Ross Cranston Citations: [2022] EWHC 2905 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 23 November 2022; Ref: scu.683234

Sunderland City Council v AS and Others: CoP 20 Mar 2020

Sunderland City Council seeks section 15 (ibid.) declarations in relation to AS’s capacity to make a range of relevant decisions, and (subject to my determination on capacity) various best interests’ determinations; it further seeks authority to deprive AS of his liberty at his accommodation and in the community. Judges: The Honourable Mr Justice Cobb Citations: … Continue reading Sunderland City Council v AS and Others: CoP 20 Mar 2020

Police Federation of England and Wales (Police and Criminal Justice): ICO 5 Dec 2019

The complainant has requested information from the Police Federation of England and Wales statistics about suicides of police officers of federated rank. The Police Federation of England and Wales explained that it does not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the Police Federation of England and Wales … Continue reading Police Federation of England and Wales (Police and Criminal Justice): ICO 5 Dec 2019

Highways England Company Limited (Other): ICO 11 Dec 2019

The complainant has requested the names of the lead contractors and all subcontractors listed in the tenders submitted as part of the procurement exercise for the National Roads Telecommunications Service 2 contract. Highways England Company Ltd (HE) disclosed the names of the three main bidders but refused to disclose the names of their subcontractors under … Continue reading Highways England Company Limited (Other): ICO 11 Dec 2019

Highways England (Central Government): ICO 16 Dec 2019

The complainant has requested a list of structural reports where the structure’s condition was most recently described as ‘dangerous.’ Highways England refused the request because it estimated that the cost of complying would exceed the appropriate limit. The Commissioner’s decision is that HE should have dealt with the request under the EIR, but that the … Continue reading Highways England (Central Government): ICO 16 Dec 2019

Pomiechowski v District Court of Legunica, Poland: Admn 15 Jun 2011

The three defendants wished to appeal against orders for their extradition to Poland. They had been arrested, and while in custody had used the prison’s support services, who failed to serve their notices in time. Held: The notices were ineffective. The Court was given no discretion to extend time for service. Citations: [2011] EWHC 2060 … Continue reading Pomiechowski v District Court of Legunica, Poland: Admn 15 Jun 2011

Revenue and Customs v Bank of Ireland Britain Holdings Ltd: CA 8 Feb 2008

Citations: [2008] EWCA Civ 58, [2008] STC 398 Links: Bailii Jurisdiction: England and Wales Citing: At SCIT – Bank of Ireland Britain Holdings Ltd v Revenue Customs SCIT 6-Jun-2006 SCIT Corporation tax – tripartite repo transaction with two non-resident parties – whether resident party deemed to be in receipt of interest on deemed loan – … Continue reading Revenue and Customs v Bank of Ireland Britain Holdings Ltd: CA 8 Feb 2008

Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd: CA 27 Apr 2007

The court construed an agreement supplemental to a construction contract. Judges: May LJ, Dyson LJ, Smith LJ Citations: [2007] EWCA Civ 443 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 … Continue reading Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd: CA 27 Apr 2007

Sutherland v Royal Bank of Scotland: 1996

Citations: 1996 GWD6-920 Jurisdiction: Scotland Cited by: Cited – Mercedes Benz Finance Ltd v Clydesdale OHCS 16-Sep-1996 The creditor finance company complained that the customer had paid money into its account with the bank, in order to discharge its obligations by direct debit payments, but that the bank had refused to make the payments. The … Continue reading Sutherland v Royal Bank of Scotland: 1996

Degnan and others v Redcar and Cleveland Borough Council: CA 17 Jun 2005

Equal Pay claims. Citations: [2005] EWCA Civ 726, [2005] IRLR 615, [2005] ELR 475 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Degnan and others v Redcar and Cleveland Borough Council EAT 14-Apr-2005 EAT Sex Discrimination – Injury to feelings. EAT Equal Pay Act – Out of time . . Cited by: Cited … Continue reading Degnan and others v Redcar and Cleveland Borough Council: CA 17 Jun 2005

Cumberland Consolidated Holdings Limited v Ireland: CA 1946

A vendor of a warehouse left in the cellars of a warehouse rubbish including bags of hardened cement which would be difficult to remove, and which affected the value of the property and precluded the proper use of the cellar. The buyer complained that he had not been given vacant possession as agreed under the … Continue reading Cumberland Consolidated Holdings Limited v Ireland: CA 1946

Mulvenna v Royal Bank of Scotland Plc: CA 25 Jul 2003

The court considered an an application to strike out a claim for damages for the loss of profits which the claimant said he would have made if the bank had complied with its agreement to provide him with funds for a property development. Held: Even on the assumption that the bank knew of the purpose … Continue reading Mulvenna v Royal Bank of Scotland Plc: CA 25 Jul 2003

Commissioners of Customs and Excise v Parkwood Landfill Limited: CA 28 Nov 2002

The appellant challenged a finding that the recycled material it produced was subject to Landfill Tax. The company took waste material. Unrecycleable material was used as landfill, and the tax paid. Other material was recycled, and sold on. The landfill company also bought some of this material for use in road making and landscaping. The … Continue reading Commissioners of Customs and Excise v Parkwood Landfill Limited: CA 28 Nov 2002

HM v Switzerland: ECHR 26 Feb 2002

Citations: 39187/98, [2002] ECHR 157, [2002] 38 EHRR 314, (2004) 38 EHRR 17, [2002] MHLR 209 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5(1) Jurisdiction: Human Rights Cited by: Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009 Movement retsriction was not Liberty Deprivation The claimants had been … Continue reading HM v Switzerland: ECHR 26 Feb 2002

Police Service of Northern Ireland (Police and Criminal Justice): ICO 19 Dec 2019

The complainant requested information from the Police Service of Northern Ireland (‘PSNI’) in relation to disciplinary proceedings against a police officer. The PSNI refused to disclose the requested information, citing the exemptions at sections 31 and 40(2) as a basis for non-disclosure. The Commissioner’s decision is that the PSNI has correctly applied section 31 of … Continue reading Police Service of Northern Ireland (Police and Criminal Justice): ICO 19 Dec 2019

Natural England (Other): ICO 9 Dec 2019

The complainant made a request for all information held between 01/03/2015 and 08/03/2019 relating to four particular search terms. NE refused to comply with the request under regulation 12(4)(c) EIR as it considered the request was formulated in too general a manner. The Commissioner considers that NE incorrectly applied regulation 12(4)(c) EIR. The Commissioner requires … Continue reading Natural England (Other): ICO 9 Dec 2019

Point Curlew Tenants Association v Francis (Landlord and Tenant – Service Charges): UTLC 21 Apr 2020

Costs – section 20C Landlord and Tenant Act 1985 – whether costs of managing agents were incurred in connection with proceedings before FTT – if so, whether FTT in subsequent decision correct to allow those costs as relevant costs because they were reasonable in amount and would have been incurred regardless of proceedings – appeal … Continue reading Point Curlew Tenants Association v Francis (Landlord and Tenant – Service Charges): UTLC 21 Apr 2020

Tudor Court High View Avenue – Thurrock : Midland : Birmingham 0048: LVT 26 Nov 2014

Service Charges Citations: [2014] EWLVT CAM – LV – SVC – 00KG – 0048 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Tudor Court High View Avenue – Thurrock : Midland : Birmingham LVT 26-Nov-2014 (Service Charges) . . Lists of cited by and citing cases may be incomplete. Landlord and Tenant … Continue reading Tudor Court High View Avenue – Thurrock : Midland : Birmingham 0048: LVT 26 Nov 2014

Tudor Court High View Avenue – Thurrock : Midland : Birmingham: LVT 26 Nov 2014

(Service Charges) Citations: [2014] EWLVT CAM – LV – SVC – 00KG – 0015 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Tudor Court High View Avenue – Thurrock : Midland : Birmingham 0048 LVT 26-Nov-2014 Service Charges . . Lists of cited by and citing cases may be incomplete. Landlord and Tenant … Continue reading Tudor Court High View Avenue – Thurrock : Midland : Birmingham: LVT 26 Nov 2014

British American Tobacco Switzerland SA and Others v Exel Europe Ltd: CA 30 Oct 2013

Large quantities of tobacco had been stolen from containers whilst in transit across Euurope. The consignors, now the appellants sought recovery from the sub-contractors who had custody of them at the time. Held: The consignors appeal succeeded. Judges: MacFarlane LJ, Sir Bernard Rix, Sir Timothy Lloyd Citations: [2013] EWCA Civ 1319, [2014] RTR 12, [2015] … Continue reading British American Tobacco Switzerland SA and Others v Exel Europe Ltd: CA 30 Oct 2013

Dovey and The Metropolitan Bank (of England and Wales), Limited v Cory: HL 1901

In fulfilling this personal fiduciary responsibility, a director is entitled to rely upon the judgment, information and advice of a fellow director whose integrity skill and competence he has no reason to suspect. Earl of Halsbury LC said ‘The business of life could not go on if people could not trust those who are put … Continue reading Dovey and The Metropolitan Bank (of England and Wales), Limited v Cory: HL 1901

Edgware Road (2015) Ltd v The Church Commissioners for England: UTLC 3 Apr 2020

Restrictive Covenants – Modification – Leasehold Office Premises – planning permission for change of use to hotel – hotel use prohibited by lease – whether covenants secure to freeholder practical benefits of substantial value or advantage – application refused – s.84(1), Law of Property Act 1925 Citations: [2020] UKUT 104 (LC) Links: Bailii Statutes: Law … Continue reading Edgware Road (2015) Ltd v The Church Commissioners for England: UTLC 3 Apr 2020

Scotland Office (Decision Notice): ICO 7 Jul 2011

The complainant requested information concerning communications between the Secretary of State for Scotland or his private office and a member of the Scottish Parliament. The public authority refused the request, citing the exemptions provided by sections 35(1)(b) (information relating to Ministerial communications) and 35(1)(d) (information relating to the operation of any Ministerial private office) of … Continue reading Scotland Office (Decision Notice): ICO 7 Jul 2011

Northern Ireland Water (Decision Notice): ICO 30 Jan 2012

The complainant requested information in connection with the Project Omega Public Private Partnership (PPP) that included a list of parties who applied to NI Water to pre-qualify for Project Omega, electronic copies of their bid documents, ITN (Invitation to Negotiate) submissions, construction timetables and financial models. The complainant also requested particular board packs that may … Continue reading Northern Ireland Water (Decision Notice): ICO 30 Jan 2012

Garwood v Bank of Scotland Plc: ChD 4 Mar 2013

Contest between the unsecured creditors of a bankrupt fraudster (or possibly the fraudster’s trustee in bankruptcy in respect of his fees), and a lender whom the fraudster duped, as to who should suffer most. Judges: Mr Justice Norris Citations: [2012] EWHC 415 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 19 November 2022; Ref: … Continue reading Garwood v Bank of Scotland Plc: ChD 4 Mar 2013