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Brown v Heathlands Mental Health National Service Trust: 1996

Citations: [1996] 1 All ER 133 Jurisdiction: England and Wales Cited by: Cited – Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others ChD 11-Jun-1998 The plaintiff had acquired land to build a hospital, which would require re-alignment of a link road, over which the defendants had rights of way. … Continue reading Brown v Heathlands Mental Health National Service Trust: 1996

Berrehab v The Netherlands: ECHR 21 Jun 1988

Family life arises ipso jure as between father and child where the child was conceived in wedlock. Divorce and separation do not bring family life between the child and the absent parent to an end, even if the divorce leads to a significant period of loss of contact Citations: [1988] ECHR 14, 10730/84, [1988] ECHR … Continue reading Berrehab v The Netherlands: ECHR 21 Jun 1988

West Midlands Probation Committee v Secretary of State for Environment and Walsall Metropolitan Borough Council: CA 7 Nov 1997

Fears of local residents about application for bail hostel were relevant when deciding planning application; impact on neighbours. Judges: Hirst, Swinton Thomas, Pill LJJ Citations: Times 01-Dec-1997, [1997] EWCA Civ 2682, (1998) 10 Admin LR 297, (1998) 76 P and CR 589, [1998] JPL 388, [1997] NPC 157 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading West Midlands Probation Committee v Secretary of State for Environment and Walsall Metropolitan Borough Council: CA 7 Nov 1997

Frankland v Commissioners of Inland Revenue: CA 7 Nov 1997

Shares which were transferred within the first tax quarter after a death lost the benefit of Inheritance Tax exemption on their transfer into a discretionary trust. Judges: Peter Gibson, Thorpe, Chadwick LJJ Citations: Times 02-Dec-1997, [1997] EWCA Civ 2674, [1997] STC 1450, [1997] BTC 8045 Links: Bailii Statutes: Inheritance Tax Act 1984 144 Jurisdiction: England … Continue reading Frankland v Commissioners of Inland Revenue: CA 7 Nov 1997

Kataria v Safeland Plc: CA 4 Nov 1997

A landlord retained the right to forfeit a lease for non-payment of rent even though had re-assigned the benefit of the arrears to the previous landlord on the purchase. A landlord may assign the right to receive the rent without assigning the reversion. Citations: Gazette 26-Nov-1997, Times 03-Dec-1997, [1997] EWCA Civ 2639, [1998] 1 EGLR … Continue reading Kataria v Safeland Plc: CA 4 Nov 1997

Vereniging Tot Behoud Van Natuurmonumenten In Nederland and Others v Vereniging Gelijkberechtiging Grondbezitters and Others: ECJ 2 Apr 2020

Appeal – State aid – Aid scheme relating to the subsidised acquisition or free granting of nature land – Decision declaring the aid compatible with the internal market – Concept of ‘interested party’ – Serious difficulties Citations: C-817/18, [2020] EUECJ C-817/18P_O, ECLI:EU:C:2020:255, [2020] EUECJ C-817/18P Links: Bailii, Bailii Jurisdiction: European European Updated: 10 November 2022; … Continue reading Vereniging Tot Behoud Van Natuurmonumenten In Nederland and Others v Vereniging Gelijkberechtiging Grondbezitters and Others: ECJ 2 Apr 2020

Federatie Nederlandse Vakbeweging (Opinion): ECJ 30 Apr 2020

Reference for a preliminary ruling – Directive 96/71/EC – Posting of workers in the context of the provision of services – Drivers working in international transport – Concept of posting to the territory of a Member State – Concept of collective agreements declared universally applicable Citations: C-815/18, [2020] EUECJ C-815/18_O, ECLI:EU:C:2020:319, [2020] EUECJ C-815/18 Links: … Continue reading Federatie Nederlandse Vakbeweging (Opinion): ECJ 30 Apr 2020

Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020

This appeal raises two closely related questions of law: whether purported execution of a foreign judgment registered in the High Court pursuant to the terms of the Lugano Convention can be execution issued in respect of the judgment debt, for the purposes of section 268(1)(b) of the Insolvency Act 1986, if the execution occurred before … Continue reading Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020

NHS Commissioning Board (NHS England) (Health): ICO 25 Jun 2018

The complainant has made a two part request for information relating to a complaint he submitted to NHS England, and information relating to its decision not to accept his reason for not attending any of the medical practices offered to him. NHS England withheld all the information, citing the exemption under section 40(1) (personal information) … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 25 Jun 2018

NHS Commissioning Board (NHS England) (Health): ICO 9 Jul 2018

The complainant has requested information relating to an investigation into the source of the figure for excess deaths as the result of patients being admitted to hospitals at weekends used by the Secretary of Health (now Secretary for Health and Social Care) in a speech on 16 July 2015. NHS England refused the request under … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 9 Jul 2018

Royal Bank of Scotland Plc v AB: EAT 27 Feb 2020

This was an appeal against the decision at a remedies hearing, following the conclusion that the employee had suffered discrimination on grounds of disability. The employee contended she had suffered a serious psychiatric injury as a result of the unlawful discrimination which prevented her from working for the foreseeable future and which required round the … Continue reading Royal Bank of Scotland Plc v AB: EAT 27 Feb 2020

Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022

LANDLORD AND TENANT – ADMINISTRATION CHARGES – address for service of notice requiring payment of ground rent – tenant’s address known to landlord but not to its successor – whether knowledge of address to be imputed to successor – notice served by post – whether required to be addressed to tenant at subject property – … Continue reading Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022

NHS Commissioning Board (NHS England) (Health): ICO 17 Jul 2018

The complainant has requested information relating to complaints made against One Medical Group. NHS England refused to comply with the request under section 12 FOIA. The Commissioner’s decision is that NHS England was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the request. The Commissioner also considers … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 17 Jul 2018

Myles-Till v Revenue and Customs (Stamp Duty Land Tax – Different Rates for Residential and Non-Residential Property): FTTTx 11 Mar 2020

STAMP DUTY LAND TAX – different rates for residential and non-residential property – grassy field adjoining countryside house and garden – part of the grounds of the house? – yes – appeal dismissed Citations: [2020] UKFTT 127 (TC) Links: Bailii Jurisdiction: England and Wales Stamp Duty Updated: 10 November 2022; Ref: scu.649209

Forestry Commission England (Central Government): ICO 11 Aug 2021

The complainant has requested information about bike trails in Rowberrow Warren woodland. Forestry England, an Agency of the Forestry Commission, relied on regulation 6(1)(b) (form and format of information) in respect of two parts of the request because it considered this information was already accessible to the complainant. Forestry England relied on regulation 12(4)(a)(information not … Continue reading Forestry Commission England (Central Government): ICO 11 Aug 2021

Liu v Poland: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 37610/18, [2022] ECHR 793 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681702

Bank of England (Central Government): ICO 6 Sep 2021

The complainant submitted a request seeking multiple items of internal discussions regarding the regulatory treatment of risks in relation to the investment in certain assets by insurance firms. The Commissioner’s decision is that the public authority was entitled to rely on the exemptions at section 36(2)(b) as the basis for withholding the disputed information. FOI … Continue reading Bank of England (Central Government): ICO 6 Sep 2021

NHS Commissioning Board (NHS England) (Health) IC-116935: ICO 6 Aug 2021

The complainant requested information from NHS England about the numbers of Covid-19 vaccines delivered by type (Astra Zeneca, Pfizer, Moderna) and by ethnicity between 1 December 2020 and 1 March 2021. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has therefore breached section 10 of … Continue reading NHS Commissioning Board (NHS England) (Health) IC-116935: ICO 6 Aug 2021

NHS Commissioning Board (NHS England) (Health) IC-118049: ICO 6 Aug 2021

The complainant requested information from NHS England about a project for community-based National FGM Support Clinics and their funding. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires NHS England to take the following steps … Continue reading NHS Commissioning Board (NHS England) (Health) IC-118049: ICO 6 Aug 2021

Kilmer v The British Columbia Orchard Lands Limited: PC 26 Feb 1913

British Columbia Judges: Lord Moulton Citations: [1913] UKPC 10 Links: Bailii Jurisdiction: Canada Citing: Approved – In re Dagenham (Thames) Dock Co; Ex parte Hulse CA 1873 The Court of Appeal in chancery heard an appeal from the Master of the Rolls from his refusal of the Master of the Rolls to make a declaration … Continue reading Kilmer v The British Columbia Orchard Lands Limited: PC 26 Feb 1913

Dutton v Jones (T/A Llandow Metals): EAT 23 Oct 2012

EAT Redundancy – Short-Time Working The Employment Judge erred in respect of both ‘the calculation date’ and the amount of ‘a week’s pay’. ‘The calculation date’ should have been that stipulated by section 226(5) and (6) and not section 226(4), which was the date used by the Employment Judge. ‘A week’s pay’, where there is … Continue reading Dutton v Jones (T/A Llandow Metals): EAT 23 Oct 2012

Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

EAT Race Discrimination : Discrimination. Consultant surgeon’s complaint of discrimination based on the fact that he had not had a trainee allocated to him for five years. ‘Qualifications body’ – Equality Act 2010 ss 53 and 54. Appeal by consultant surgeon against Tribunal’s determination that NHS Education Scotland (whose principal objective was to provide education … Continue reading Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

Elizabeth Countess of Rutland v Isabel Countess of Rutland: 1653

Citations: [1653] EngR 677, (1653) Cro Eliz 377, (1653) 78 ER 624 (B) Links: Commonlii Jurisdiction: England and Wales Citing: See Also – The Countess of Rutland’s Case 1572 . . See Also – Countess of Rutland’s Case 1604 Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on … Continue reading Elizabeth Countess of Rutland v Isabel Countess of Rutland: 1653

WH Cockerline and Co v Inland Revenue Commissioners: 1930

Counsel had argued about the imposition of a penalty where no assessment had yet been made. Lord Hanworth MR said: ‘In language which was, perhaps, coloured by a warmth of feeling about it, he suggested that it was entirely wrong, and, indeed, made an inroad upon the rights of the subject that there should be … Continue reading WH Cockerline and Co v Inland Revenue Commissioners: 1930

Parents for Legal Action Ltd, Regina (on the Application Of) v Northumberland County Council: Admn 18 May 2006

Judicial review proceedings which arise out of the wish of the defendant local education authority to change the system of state education in Northumberland. Judges: Munby J Citations: [2006] EWHC 1081 (Admin), [2006] ELR 397, [2006] BLGR 646, [2006] ACD 87 Links: Bailii Jurisdiction: England and Wales Education Updated: 09 November 2022; Ref: scu.241778

Mehta v Royal Bank of Scotland Plc: CA 17 Oct 1997

Application for leave to appeal against order striking out claim as abuse of process. Citations: [1997] EWCA Civ 2520 Jurisdiction: England and Wales Cited by: See Also – Mehta v Royal Bank of Scotland Plc and others QBD 25-Jan-1999 When deciding whether an occupation of a property was by virtue of a tenancy or a … Continue reading Mehta v Royal Bank of Scotland Plc: CA 17 Oct 1997

Bricom Holdings Ltd v Commissioners of Inland Revenue: CA 25 Jul 1997

Appeal by the taxpayer from a decision of the Special Commissioners dismissing the taxpayer’s appeal against assessments to tax made in accordance with Section 747(4)(a) of the Income and Corporation Taxes Act 1988. Citations: [1997] EWCA Civ 2193, [1997] STC 1179, [1997] BTC 471 Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 09 November … Continue reading Bricom Holdings Ltd v Commissioners of Inland Revenue: CA 25 Jul 1997

Andreou v Institute of Chartered Accountants In England and Wales: CA 25 Jul 1997

The appeallant having been found guilty in professional disciplinary proceedings sought to appeal, but was refused by the defendant saying that it had no discretion to extend the time for an appeal. Held: The Institute exercised its disciplinary jurisdiction for the public as a whole and not merely as part of a contractual relationship with … Continue reading Andreou v Institute of Chartered Accountants In England and Wales: CA 25 Jul 1997

Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997

There was a tenancy for mixed residential and business purposes and, with the landlord’s permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977. Held: Sub-tenants in residential occupation of what were mixed residential and commercial tenancies, do have protection and security … Continue reading Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997

Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997

The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of … Continue reading Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997

Northern Gas Network v Revenue and Customs (Corporation Tax – Land Remediation Relief): FTTTx 2 Mar 2020

CORPORATION TAX – land remediation relief – did the replacement or improvement of iron gas mains satisfy the conditions in paragraph 12 of Schedule 22 Finance Act 2001 to qualify for relief for remediation of contaminated land – no – in certain cases, the Appellant had not acquired rights in or over land in the … Continue reading Northern Gas Network v Revenue and Customs (Corporation Tax – Land Remediation Relief): FTTTx 2 Mar 2020

Highways England (Central Government): ICO 15 Sep 2021

The complainant has requested information about rates associated with a contract Highways England had with Balfour Beatty Mott Macdonald for Area 10 of the road network. Highways England has advised that it does not hold the requested information. The Commissioner’s decision is as follows: On the balance of probabilities, Highways England does not hold the … Continue reading Highways England (Central Government): ICO 15 Sep 2021

Highways England (Central Government): ICO 27 Jul 2021

The complainant has requested information broadly on the subject of alleged image tampering by a third party evidencing damage to Highways England. Highways England categorised the request as vexatious under section 14(1) of the FOIA and refused to comply with it. The Commissioner’s decision is that the request is a vexatious request under section 14(1) … Continue reading Highways England (Central Government): ICO 27 Jul 2021

ROI Land Investments (Judgment): ECJ 20 Oct 2022

Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction in matters of contracts concluded by consumers – Concept of ‘professional activity’ – Article 21 – Jurisdiction in matters of individual employment contracts … Continue reading ROI Land Investments (Judgment): ECJ 20 Oct 2022

Highways England (Central Government): ICO 2 Sep 2021

The complainant has requested information from Highways England (HE) about rates associated with its Area 9 road network contract with Kier Highways Ltd. HE has relied on section 17(6) of the FOIA not to provide a refusal notice. HE says that this is because it had previously refused requests for information on similar matters under … Continue reading Highways England (Central Government): ICO 2 Sep 2021

Midlands Partnership NHS Foundation Trust (Health): ICO 31 Jan 2022

In a seven part request, the complainant has requested information about an information governance incident from Midlands Partnership NHS Foundation Trust (‘the Trust’). The Trust addressed two parts of the request, disclosed information within scope of one part, advised it does not hold information relevant to another part and withheld information within scope of the … Continue reading Midlands Partnership NHS Foundation Trust (Health): ICO 31 Jan 2022

NHS Commissioning Board (NHS England) (Health): ICO 2 Feb 2022

The complainant requested information from the NHS Commissioning Board (NHS England) relating to a specific complaint. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has therefore breached section 10(1) of the FOIA. As a response has subsequently been provided no steps are required. FOI 10: … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 2 Feb 2022

Juszczyszyn v Poland: ECHR 6 Oct 2022

ECHR Judgment : Preliminary objection dismissed : First Section Citations: 35599/20, [2022] ECHR 794 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681679

European Commission v Republic Of Poland: ECJ 20 Nov 2012

ECJ Opinion – Actions for failure to fulfil obligations – Admissibility of the action – Conditions for granting and using authorisations for the prospection, exploitation and production of hydrocarbons – Non-discriminatory access – Tendering procedure for granting authorisation – Requirements applying to the granting of authorisation – Official publication of the tendering procedure – Distinction … Continue reading European Commission v Republic Of Poland: ECJ 20 Nov 2012

Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of journalistic sources cannot be restored once it is destroyed. Citations: 39315/06 – HEJUD, [2012] ECHR … Continue reading Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

Turner v East Midlands Trains Ltd: CA 16 Nov 2012

The employee, a train ticket conductor, was accused without direct evidence of manipulating her machine to produce false tickets which she was then said to have sold. Held: Elias LJ said that the Tribunal: ‘has to ask whether the employer acted within the range of reasonable responses open to a reasonable employer. It is not … Continue reading Turner v East Midlands Trains Ltd: CA 16 Nov 2012

Neiland, etc v Revenue and Customs: LRA 16 Dec 2011

LRA Practice and Procedure (1) Application to appeal direction- treated as applications to vary or review direction-effect of S.79(1) Finance Act 2003- HELD — Application to vary dismissed- direction to continue as amended Judges: Abbey DA Citations: [2011] EWLandRA 2011 – 0186 Links: Bailii Statutes: Finance Act 2003 79(1) Jurisdiction: England and Wales Registered Land, … Continue reading Neiland, etc v Revenue and Customs: LRA 16 Dec 2011

Pomiechowski v The District Court In Legnica, 59-220 Poland: Admn 9 Nov 2012

Citations: [2012] EWHC 3161 (Admin) Links: Bailii Citing: See Also – 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. … Continue reading Pomiechowski v The District Court In Legnica, 59-220 Poland: Admn 9 Nov 2012

Norland Managed Services Ltd v L R Hastick: EAT 14 Sep 2012

EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Tribunal did not apply the objective test of the reasonable employer – the ‘range of reasonable responses’ test – when considering whether the employer operated a fair procedure. In particular the Tribunal did not address itself to this test when considering whether the employer should have required someone … Continue reading Norland Managed Services Ltd v L R Hastick: EAT 14 Sep 2012