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NHS Commissioning Board (NHS England) (Health) ic-129580: ICO 28 Oct 2021

The complainant requested information NHS England about the allocation of tickets to the FA Cup semi-final and Carabao Cup final for London based NHS staff. 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) ic-129580: ICO 28 Oct 2021

Marangakis v Iceland Foods Ltd: EAT 2 Nov 2022

Unfair Dismissal – The employment tribunal did not err in law in holding that the claimant had not withdrawn her appeal against dismissal and, as a result, the decision to allow the appeal had resulted in her reinstatement into employment. What amounts to the withdrawal of an appeal considered. Citations: [2022] EAT 161 Links: Bailii … Continue reading Marangakis v Iceland Foods Ltd: EAT 2 Nov 2022

NHS Commissioning Board (NHS England) (Health) IC-128417: ICO 18 Oct 2021

The complainant requested information from the NHS Commissioning Board (‘NHS England’) relating to the NIMS database. By the date of this notice, NHS England had not provided a substantive response to the request. The Commissioner’s decision is that NHS England has failed to respond to the request within 20 working days and has therefore breached … Continue reading NHS Commissioning Board (NHS England) (Health) IC-128417: ICO 18 Oct 2021

Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022

Whether, where an Appellant’s Notice is filed with the Court of Appeal electronically in accordance with ‘Electronic Working Pilot Scheme’ introduced by Practice Direction 51O (‘PD 51O’), it may be filed at any time up to midnight on the last day of the permitted period or must, either generally or at least in the case … Continue reading Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022

Octagon Overseas Ltd and Others v Circus Apartments Ltd (Landlord and Tenant: UTLC 17 Nov 2022

FTT Procedure – Application To Exclude Documents From Evidence – Whether Text Message A ‘Without prejudice’ communication – whether any relevant dispute existed – whether privilege being abused to conceal ‘unambiguous impropriety’ – appeal dismissed Judges: Martin Rodger KC, Deputy Chamber President Citations: [2022] UKUT 302 (LC) Links: Bailii Jurisdiction: England and Wales Land, Litigation … Continue reading Octagon Overseas Ltd and Others v Circus Apartments Ltd (Landlord and Tenant: UTLC 17 Nov 2022

Bennett v The Governor and Company of the Bank of Scotland: CA 23 Jul 2004

The bank had obtained judgment against the defendant, but had failed to act upon it, and the judgment became unenforceable. It then began later proceedings on the original debt (still within the applicable limitation period). The defendant said this was an abuse of process. Held: The decision in Ridgeway after close of oral argument on … Continue reading Bennett v The Governor and Company of the Bank of Scotland: CA 23 Jul 2004

General Assembly of Free Church of Scotland v Overtoun: HL 1904

Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904

Maryland Estates Ltd v Joseph and Another: CA 6 May 1998

A claim for rent arrears in County Court, was also to be read to include a claim for arrears (mesne profits) arising after the issue of the summons for possession and rent. The landlord will be entitled if relief from forfeiture is granted to all his arrears of rent and the rent until the date … Continue reading Maryland Estates Ltd v Joseph and Another: CA 6 May 1998

Anderson v Pringle of Scotland Ltd: OHCS 18 May 1998

Where there was a procedure agreed with the unions for selection for redundancy, the employer could be held to it, and be ordered to re-instate the employee pending completion of the litigation as to breach of the term. Citations: Times 18-May-1998, Gazette 01-Apr-1998, [1998] IRLR 64 Jurisdiction: Scotland Employment Updated: 18 November 2022; Ref: scu.77789

Inland Revenue (Decision Notice): ICO 16 May 2005

ICO Complainant requested information regarding action taken by the Inland Revenue concerning specific instances of alleged failed standards. The Inland Revenue stated that this information was not held. The Decision Notice found that the Inland Revenue was not in breach of s.1. The complainant has lodged an appeal. Section of Act/EIR and Finding: FOI 1 … Continue reading Inland Revenue (Decision Notice): ICO 16 May 2005

South Holland District Council (Decision Notice): ICO 16 May 2005

ICO Complainant objected to andpound;25 charge imposed by the Council for providing 296 pages of photocopied information relating to the erection of wind turbines. The ICO accepts the Council’s view that this charge is reasonable. Section of Act/EIR and Finding: EIR 8 – Complaint Not upheld Citations: [2005] UKICO FAC0065281 Links: Bailii Jurisdiction: England and … Continue reading South Holland District Council (Decision Notice): ICO 16 May 2005

Land Registry FAC0061805: ICO 16 May 2005

ICO (Decision Notice) Complainant requested specific information in the form of a particular registered legal charge. The Land Registry advised the complainant that the requested information was not held. The Decision Notice found that the Land Registry were not in breach of s.1. Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld Citations: … Continue reading Land Registry FAC0061805: ICO 16 May 2005

Highways England (Central Government): ICO 10 Sep 2021

The complainant has requested information from Highways England about a claim. Highways England relied on section 17(6) of the FOIA not to provide the complainant with a section 14(1) refusal notice. This is because it had previously refused requests for information on similar matters under section 14(1) as it considered those requests to be vexatious. … Continue reading Highways England (Central Government): ICO 10 Sep 2021

Misland (Cyprus) Investments Ltd and Another v Mckillen and Another: ChD 25 Nov 2014

Judges: His Honour Judge Behrens sitting as a Judge of the High Court Citations: [2014] EWHC 3859 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Mckillen v Misland (Cyprus) Investments Ltd and Others ChD 2-Feb-2012 Preliminary judgment as to interpretation of shareholder agreement . . See Also – McKillen v Misland (Cyprus) … Continue reading Misland (Cyprus) Investments Ltd and Another v Mckillen and Another: ChD 25 Nov 2014

Grewling v Circuit Court of Gorzow Wielkopowski, Poland: Admn 6 Feb 2013

The appellant challenged an order for his extradition to Poland to serve sentences for drugs offences. He relied upon a delay of six years, during which time he had made a life in the UK, with young children born here. Held: The delay may have been caused by the appellant’s own coming here to avoid … Continue reading Grewling v Circuit Court of Gorzow Wielkopowski, Poland: Admn 6 Feb 2013

Dowland v The Architects Registration Board: Admn 19 Apr 2013

Te clamant had lost his request to be re-instated to the register of architects. He appealed saying that the respondent was limited, when asked such a question, to considering issues of competence. He had been made bankrupt, and found to havesold land at an undervalue in a attempt to defeat his creditors. Held: The appeal … Continue reading Dowland v The Architects Registration Board: Admn 19 Apr 2013

Bundesrepublik Deutschland v Kaveh Puid: ECJ 18 Apr 2013

ECJ Opinion – Common European Asylum System – Procedures for its judicial enforcement – Council Regulation No 343/2003 – Determination of the Member State responsible for the examination of an asylum application presented by a third country national – Article 3(2) – Rights of asylum seekers – Exceptional situations as defined in Joined Cases C-411/10 … Continue reading Bundesrepublik Deutschland v Kaveh Puid: ECJ 18 Apr 2013

Continental Bulldog Club Deutschland Ev v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 17 Apr 2013

ECFI Community trade mark – Application for Community word mark CONTINENTAL – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 Judges: N.J. Forwood, P Citations: T-383/10, [2013] EUECJ T-383/10 Links: Bailii European, Intellectual Property Updated: 17 November 2022; Ref: scu.472654

Regina v South Tameside Magistrates’ Court, ex parte Rowland: 1983

If after the defendant enters an unequivocal plea of guilty it becomes clear that the defendant did not appreciate the elements of the offence to which he was pleading guilty, then it may be appropriate to permit him to withdraw his plea. Judges: Glidewell LJ Citations: [1983] 3 All ER 689 Jurisdiction: England and Wales … Continue reading Regina v South Tameside Magistrates’ Court, ex parte Rowland: 1983

European Commission v Ireland: ECJ 11 Apr 2013

ECJ Failure of a Member State to fulfil obligations – Environment – Directive 2008/1/EC – Article 5 – Integrated pollution prevention and control – Conditions governing the granting of permits for existing installations – Obligation to ensure that such installations operate in accordance with the requirements of that directive Citations: C-158/12, [2013] EUECJ C-158/12 Links: … Continue reading European Commission v Ireland: ECJ 11 Apr 2013

Highways England (Central Government): ICO 22 Jul 2019

The complainant has requested from Highways England (HE) the names of the local authorities with litter clearing responsibilities it intends to issue a briefing note to. The Commissioner’s decision is that, on a balance of probabilities, HE does not hold information within the scope of the request. The Commissioner does not require HE to take … Continue reading Highways England (Central Government): ICO 22 Jul 2019

Sunderland City Council (Local Government): ICO 9 Jan 2020

The complainant requested information about care placements for looked-after children. Specifically, she asked to know about the number of instances where other local authorities had placed children in care in Sunderland City Council’s (SC) area, and the number of instances where SC had placed children in care in other local authority areas. SC disclosed some … Continue reading Sunderland City Council (Local Government): ICO 9 Jan 2020

Midland 186: LVT 14 Nov 2002

(1967 Act Decisions) Citations: [2002] EWLVT 186 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 November 2022; Ref: scu.439446

East Devon District Council v Electoral Commission (the Boundary Committee for England): Admn 8 Jan 2009

The Council sought to challenge proposals by the Commission for re-organisation of its boundaries. The Secretary of State had asked the Commission to see if there was any proposal which might lead to a unified authority but which also met the criteria identified in Breckland. The council said that the consultation should be all in … Continue reading East Devon District Council v Electoral Commission (the Boundary Committee for England): Admn 8 Jan 2009

Woodland-Ferrari v UCL Group Retirement Benefits Scheme: ChD 5 Jul 2002

The bankrupt had received his discharge from the bankruptcy and the debts associated. After the discharge he received a statutory demand from the trustees of a pension fund claiming sums from him alleging his dishonest breach of trust. He replied by saying that he had been discharged. Held: To constitute a ‘fraudulent breach of trust’ … Continue reading Woodland-Ferrari v UCL Group Retirement Benefits Scheme: ChD 5 Jul 2002

Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998

The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written consent. Held: The bank had failed in its duty of disclosure of the … Continue reading Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998

William Cook Estates and Northern Land Management Limited v Secretary of State for Environment and Redcar and Cleveland Borough Council and Somerfield Stores Limited: CA 18 Mar 1998

Citations: [1998] EWCA Civ 487 Jurisdiction: England and Wales Citing: Cited – Re Poyser and Mills’ Arbitration 1963 The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. … Continue reading William Cook Estates and Northern Land Management Limited v Secretary of State for Environment and Redcar and Cleveland Borough Council and Somerfield Stores Limited: CA 18 Mar 1998

Scotland Office (Decision Notice): ICO 9 Aug 2011

The complainant requested information relating to any meetings between representatives of the public authority and the Deputy Prime Minister or the Cabinet Office for the period 5 May 2010 to 5 August 2010. The public authority initially responded to this request by citing exemptions from Part II of the Act. However, at internal review stage … Continue reading Scotland Office (Decision Notice): ICO 9 Aug 2011

Island Contract Management (UK) Ltd v Revenue and Customs: FTTTx 2 Apr 2013

FTTTx CONSTRUCTION INDUSTRY SCHEME – notices of determination – whether UK contractor obliged to make deductions under the scheme in respect of payments made to its Isle of Man parent company -yes- withdrawal of gross payment status – whether discretion properly exercised -yes- FA 2004 Sections 57 to 67 – Income Tax (Construction Industry Scheme) … Continue reading Island Contract Management (UK) Ltd v Revenue and Customs: FTTTx 2 Apr 2013

Obrist Closures Switzerland Gmbh, Hindle and Bull (Patent): IPO 4 Jan 2013

IPO An uncontested application was filed by Martin Carey Bull under rule 10(2) of the Patents Rules 2007. As a result, it was found that Martin Carey Bull should be mentioned as a joint inventor along with Derek John Hindle in the published patent application and granted patent for the invention. It was directed that … Continue reading Obrist Closures Switzerland Gmbh, Hindle and Bull (Patent): IPO 4 Jan 2013

Commission v Netherlands: ECJ 3 Mar 2011

ECJ Failure of a Member State to fulfil obligations – Value added tax – Sixth VAT Directive – Directive 2006/112/EC – Application of a reduced rate – Live animals normally intended for use in the preparation of foodstuffs for human and animal consumption – Supply, importation and acquisition of horses Judges: A. Tizzano, P Citations: … Continue reading Commission v Netherlands: ECJ 3 Mar 2011

United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

Deutsche Umwelthilfe Ev v Bundesrepublik Deutschland: ECJ 21 Mar 2013

ECJ Opinion – Access to environmental information held by or for public authorities – Scope of the exception in Article 2(2) of Directive 2003/4/EC – Whether public authorities adopting executive regulatory instruments act in a legislative capacity Judges: Sharpston AG Citations: C-515/11, [2013] EUECJ C-515/11 Links: Bailii Statutes: Directive 2003/4/EC European, Environment Updated: 14 November … Continue reading Deutsche Umwelthilfe Ev v Bundesrepublik Deutschland: ECJ 21 Mar 2013

United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

ECJ Appeal – Common foreign and security policy (CFSP) – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by … Continue reading United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (T/A Medirest): CA 15 Mar 2013

Appeal against a judgment holding that both parties to a substantial commercial contract were entitled to terminate by reason of the conduct of the other party. The contract was for the provision of services to two hospitals. The main issues were (a) the effect of an express obligation to ‘co-operate . . in good faith’ … Continue reading Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (T/A Medirest): CA 15 Mar 2013

Designated Officer for Sunderland Magistrates’ Court v Krager: ChD 14 Dec 2011

Preliminary issue as to locus standi and jurisdiction arising in proceedings to enforce a county court charging order by an application for sale of real property consisting of a dwelling house Judges: Briggs J Citations: [2011] EWHC 3283 (Ch), [2012] 1 WLR 1291 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 14 November 2022; … Continue reading Designated Officer for Sunderland Magistrates’ Court v Krager: ChD 14 Dec 2011

Northumberland County Council (Local Government): ICO 27 Jan 2022

The complainant requested information about proposed residents parking schemes for Union Street, Blyth. By the date of this notice, Northumberland County Council (‘the Council’) had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached section 10(1) of the FOIA in that it failed to provide a valid … Continue reading Northumberland County Council (Local Government): ICO 27 Jan 2022

L M Tenancies 1 Ltd v Inland Revenue Commissioners: CA 4 Feb 1998

The stamp duty payable on a lease is calculated according to the values known at the date of the lease in accordance with the formula provided. Citations: Times 04-Feb-1998, Gazette 11-Feb-1998 Statutes: Finance Act 1994 242 Jurisdiction: England and Wales Citing: Appeal from – L M Tenancies 1 Plc v Inland Revenue Commissioners ChD 11-Jul-1996 … Continue reading L M Tenancies 1 Ltd v Inland Revenue Commissioners: CA 4 Feb 1998