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Lowry Brothers Ltd and Others v Northern Ireland Water Ltd: QBNI 22 Feb 2013

The Plaintiffs challenged the outcome of an exercise conducted by the defendant concerning the procurement of contracts for what is known as the ‘IF019 Capital Delivery Framework’. The overarching purpose of this scheme is described as the improvement of water and sewerage services, including customer services and the achievement of substantial operational and capital investment … Continue reading Lowry Brothers Ltd and Others v Northern Ireland Water Ltd: QBNI 22 Feb 2013

Republic of Poland v European Commission: ECFI 7 Mar 2013

ECJ Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Transitional rules for harmonised free allocation of emission allowances from 2013 – Benchmarks to be applied to calculate the allocation of emission allowances – Equal treatment – Proportionality Citations: T-370/11, [2013] EUECJ T-370/11 Links: Bailii Statutes: Directive 2003/87/EC European, Environment Updated: … Continue reading Republic of Poland v European Commission: ECFI 7 Mar 2013

Crossland v OCS Group Ltd and Another: EAT 17 Jan 2013

EAT PRACTICE AND PROCEDURE – Deposit order DISABILITY DISCRIMINATION – Reasonable adjustment The Tribunal was entitled to decide that the Claimant, a diabetic employed as a night-watchman, had little prospect of establishing that it would be a reasonable adjustment for the Respondents to relieve him of his obligation to patrol the exterior of the premises. … Continue reading Crossland v OCS Group Ltd and Another: EAT 17 Jan 2013

Care North East Northumberland, Members of The Committee of, Regina (on The Application of) v Northumberland Care Trust: Admn 15 Feb 2013

The claimants sought judicial review of the decision as to the rates payable to care homes in their area under the 1948 Act. Judges: Supperstone J Citations: [2013] EWHC 234 (Admin) Links: Bailii Statutes: National Assistance Act 1948 Health Professions Updated: 14 November 2022; Ref: scu.470994

Santander UK Plc v Keeper of The Registers of Scotland: SCS 8 Feb 2013

Opinion – The claimant objected that the respondent had acted upon a forged deed discharging their registered legal charge. The pursuer said that the registration had been allowed negligently. Judges: Lord Boyd of Duncansby Citations: [2013] ScotCS CSOH – 24 Links: Bailii Jurisdiction: Scotland Registered Land, Negligence Updated: 14 November 2022; Ref: scu.470960

Public Health England (Health): ICO 28 Aug 2019

The complainant has requested information about the identities of those who contributed to a specific report and about future research projects. Public Health England refused both requests as vexatious. The Commissioner’s decision is that PHE should have dealt with both requests under the EIR and that it was not entitled to rely on regulation 12(4)(b) … Continue reading Public Health England (Health): ICO 28 Aug 2019

Maitland, Regina (on the Application of) v Parking Appeals Service and Another: Admn 12 Jun 2006

The claimant sought permission to challenge a decision of the Parking and Traffic Appeals Service not to review a decision of the Parking Adjudicator. He said that the relevant signage was unclear. Held: The appeal raised no points of law and was dismissed. Judges: Dobbs J Citations: [2006] EWHC 2171 (Admin) Links: Bailii Jurisdiction: England … Continue reading Maitland, Regina (on the Application of) v Parking Appeals Service and Another: Admn 12 Jun 2006

Churchhouse, Regina (on the Application of) v Inland Revenue: Admn 4 Apr 2003

The taxpayer was a revenue informer one whose trade is described by Coke as ‘viperous vermin [who] under the reverend mantle of law and justice instituted for protection of the innocent, and the good of the Commonwealth, did vexe and depauperize the Subject, and commonly the poorer sort, for malice or private ends, and never … Continue reading Churchhouse, Regina (on the Application of) v Inland Revenue: Admn 4 Apr 2003

Barry v Midland Bank Plc: CA 18 Dec 1997

No sex discrimination was involved in company’s retirement benefits scheme even though it was affected by differences for part time workers, and even though more women worked part time Citations: Gazette 26-Feb-1998, Times 29-Dec-1997, [1998] 1 All ER 805, [1997] EWCA Civ 3037, [1999] ICR 319, [1998] IRLR 138 Links: Bailii Statutes: Equal Pay Act … Continue reading Barry v Midland Bank Plc: CA 18 Dec 1997

The Children’s Rights Alliance for England, Regina (on The Application of) v The Secretary of State for Justice: CA 6 Feb 2013

Appeal, with permission against a judgment dismissing the appellant’s application for judicial review seeking an order that the defendant Secretary of State provide or facilitate the provision of information to stated categories of children as to the illegal use of restraint techniques on them when they were detained in Secure Training Centres (STCs) in the … Continue reading The Children’s Rights Alliance for England, Regina (on The Application of) v The Secretary of State for Justice: CA 6 Feb 2013

Minister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO: ECJ 31 Jan 2013

ECJ Tax legislation – Value added tax – Article 47 of Directive 2006/112/EC – Place where a service is supplied – Service connected with immovable property – Storage of goods Judges: Kokott AG Citations: C-155/12, [2013] EUECJ C-155/12 Links: Bailii Cited by: Opinion – Minister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO … Continue reading Minister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO: ECJ 31 Jan 2013

Lorenzo v The Chief Constable of The West Midlands: CA 12 Dec 2012

The claimant alleged assault and false imprisonment by officers employed by the defendant. The judge had made case management decisions as to the number of witnesse to be called by the defendant, and had also limited the time for the jury to deliberate. Judges: Logmore, Moses, Kitchin LJJ Citations: [2012] EWCA Civ 1863 Links: Bailii … Continue reading Lorenzo v The Chief Constable of The West Midlands: CA 12 Dec 2012

Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 1 Mar 2007

ECJ (Judgment) Community aid schemes Regulation (EEC) No 3887/92 Beef and veal sector Regulation (EC) No 1254/1999 Available forage area Definition Special premium Conditions for granting Parcel of land temporarily under water during the period in question Judges: CWA Timmermans, P Citations: [2007] EUECJ C-34/05, [2007] ECR I-1687, C-34/05 Links: Bailii Statutes: Regulation (EEC) No … Continue reading Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 1 Mar 2007

Agroferm A/S v Ministeriet For Fodevarer, Landbrug Og Fiskeri: ECJ 24 Jan 2013

ECJ Common agricultural policy – Regulation (EC) No 1265/2001 – Production refund for the processing of sugar – Classification in the Combined Nomenclature of a product containing lysine sulphate – Regulation (EC) No 1258/1999 – Recovery of unduly paid sums – Principle of the protection of legitimate expectations Judges: Kokott AG Citations: C-568/11, [2013] EUECJ … Continue reading Agroferm A/S v Ministeriet For Fodevarer, Landbrug Og Fiskeri: ECJ 24 Jan 2013

TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010

ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) Judges: V. Skouris, P Citations: [2010] EUECJ C-533/08 … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010

Sadd v Brown (Landlord and Tenant : Service Charges): UTLC 5 Jan 2013

UTLC LANDLORD AND TENANT – service charges – whether LVT decision on a point not raised with the parties unfair – landlord covenant to insure – whether implied term the insurance premium recoverable from the tenant as a service charge – appeal dismissed Citations: [2012] UKUT 438 (LC) Links: Bailii Jurisdiction: England and Wales Landlord … Continue reading Sadd v Brown (Landlord and Tenant : Service Charges): UTLC 5 Jan 2013

Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 24 May 2007

ECJ Agricultural structures Community aid schemes Beef and veal sector Identification and registration of bovine animals Slaughter premium Exclusion and reduction Judges: CWA Timmermans, P Citations: [2007] EUECJ C-45/05, [2007] ECR I-3997, C-45/05 Links: Bailii Citing: Opinion – Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 13-Jul-2006 ECJ (Opinion) Community aid schemes – … Continue reading Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 24 May 2007

Redcar and Cleveland Independent Providers Association and Others, Regina (on The Application of) v Redcar and Cleveland Borough Council: Admn 17 Jan 2013

The claimants challenged the setting of rates for payments to care homes for patients. The Council denied that such a decision was subject to judicial review. Held: It was so amenable. Judges: Gosnell HHJ Citations: [2013] EWHC 4 (Admin), [2013] WLR(D) 44, [2013] PTSR 1096 Links: Bailii, WLRD Jurisdiction: England and Wales Judicial Review Updated: … Continue reading Redcar and Cleveland Independent Providers Association and Others, Regina (on The Application of) v Redcar and Cleveland Borough Council: Admn 17 Jan 2013

Buchan v Keeper of The Records of Scotland: SIC 19 Dec 2012

Content of specified files – Mr Buchan asked the Keeper of the Records of Scotland (the Keeper) for unredacted copies of files relating to certain specified residential establishments. The Keeper withheld this information on the basis that it was personal data, the disclosure of which would breach the first data protection principle. Following an investigation, … Continue reading Buchan v Keeper of The Records of Scotland: SIC 19 Dec 2012

Highways England (Central Government): ICO 7 Sep 2021

The complainant made a request for information relating to damage to Crown property. Highways England has refused to comply with the request under section 14(1) FOIA as it considers the request to be vexatious. The Commissioner considers that Highways England correctly applied section 14(1) FOIA and was not obliged to issue a refusal notice under … Continue reading Highways England (Central Government): ICO 7 Sep 2021

McAdie v Royal Bank of Scotland: CA 31 Jul 2007

The claimant succeeded in her claim for unfair dismissal, but now appealed against the reversal of the decision by the EAT. She had been dismissed for incapability to which she had contributed by her conduct. She had refused a move to another bank of the branch which would upset her child care arrangements. She was … Continue reading McAdie v Royal Bank of Scotland: CA 31 Jul 2007

Pirelli Cable Holding NV and others v The Commissioners of Inland Revenue: CA 16 Dec 2003

Judges: Lord Justice Laws Sir Martin Nourse Lord Justice Peter Gibson Citations: [2003] EWCA Civ 1849, [2004] STI 49, [2004] Eu LR 459, [2004] BTC 50, [2004] STC 130 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Pirelli Cable Holding NV and Others v Inland Revenue Commissioners ChD 22-Jan-2003 The Metallgesellschaft case had … Continue reading Pirelli Cable Holding NV and others v The Commissioners of Inland Revenue: CA 16 Dec 2003

Grove Park Properties Ltd v The Royal Bank of Scotland Plc: ComC 18 Dec 2018

The defendant bank sought to have excluded allegations of its senior officers putting forward false and misleading cases to support its own claim for similar behaviour in defending its interest rate swap claim. Citations: [2018] EWHC 3521 (Comm) Links: Bailii Jurisdiction: England and Wales Banking, Litigation Practice Updated: 12 November 2022; Ref: scu.631429

European Commission v Ireland: ECJ 19 Dec 2012

ECJ Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Incorrect transposition – Annexe II – Point 1(a) to (c) – Judgment of the Court of Justice – Finding of infringement – Article 260 TFEU – Pecuniary penalties … Continue reading European Commission v Ireland: ECJ 19 Dec 2012

Commission v Ireland: ECJ 27 Nov 2012

ECJ Opinion – VAT – Articles 9 and 11 of Directive 2006/112/EC – National rules allowing non-taxable persons to be members of VAT groups – Compatibility with European Union VAT law Judges: Jaaskinen AG Citations: C-85/11, [2012] EUECJ C-85/11 Links: Bailii Statutes: Directive 2006/112/EC 9 11 Jurisdiction: European Cited by: Opinion – Commission v Ireland … Continue reading Commission v Ireland: ECJ 27 Nov 2012

SR v The Netherlands (Dec): ECHR 18 Sep 2012

ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012