Results: 129

• Joseph Gleave & Son Ltd v Secretary of State for Defence

  17 Feb 2017 [2017] EWHC 238 (TCC); [2017] PTSR 607; [2017] WLR (D) 116, QBD (Coulson J)

  Subsequent citations: 3.
  PUBLIC PROCUREMENT — Contract award procedure — Tender specification
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  PUBLIC PROCUREMENT — Contract award procedure — Tender specification — Secretary of State conducting procurement exercise for public contract to supply hand tools for military use — Claimant challenging lawfulness of tender documents before contract award and seeking expedited trial — Secretary of State resisting expedition and seeking stay of proceedings — Whether presumption in favour of expedition — Whether court to expedite trial — Whether proceedings to be stayed — Public Contracts Regulations 2015 (SI 2015/102)

  1 Statutory Instrument considered

• Puligienica Facility Esco SpA (PFE) v Airgest SpA (Gestione Servizi Ambientali Srl (GSA) (Puligienica Facility Esco SpA (PFE) v Airgest SpA)

  05 Apr 2016 (Case C-689/13); EU:C:2016:199; [2017] PTSR 13; [2016] WLR (D) 172, ECJ

  Subsequent citations: 21.
  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction

  PUBLIC PROCUREMENT — Contract review procedure — European Union law

  EUROPEAN UNION — Reference for a preliminary ruling — Public service contracts
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  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — National law providing that decision of plenary session of court of final instance binding on chambers of court — Whether chamber required to adjudicate on question of EU law to refer question to plenary session if disagreeing with decision of plenary session on issue — Whether chamber having duty or discretion to request preliminary ruling from Court of Justice — Whether chamber obliged to apply Court of Justice’s interpretation of EU law — FEU Treaty, art 267FEU

  PUBLIC PROCUREMENT — Contract review procedure — European Union law — Action by unsuccessful tenderer for annulment of decision awarding contract — Counterclaim by successful tenderer — National case law rule that counterclaim be examined first and if well founded main action be dismissed without examination of merits — Whether rule compatible with EU law — Council Directive 89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 1(1)(3)

  EUROPEAN UNION — Reference for a preliminary ruling — Public service contracts — Directive 89/665/EEC – Article 1(1) and (3) — Review procedures — Application for annulment of the decision awarding a public contract by a tenderer whose bid was not successful — Counterclaim brought by the successful tenderer — Rule derived from national case-law under which the counterclaim must be examined first and, if the counterclaim is well founded, the main action must be dismissed as inadmissible without any examination of the merits — Whether compatible with EU law — Article 267 TFEU — Principle of the primacy of EU law — Principle of law stated by decision of the plenary session of the supreme administrative court of a Member State — National legislation which provides that that decision is binding on the chambers of that court — Obligation on the part of the chamber required to adjudicate on a question of EU law to refer that question to the plenary session if it disagrees with the decision of the plenary session — Whether the chamber has a discretion or is under an obligation to request a preliminary ruling from the Court of Justice

  5 Case(s) considered

  1 EU Enactment considered

• R (Network Rail Infrastructure Ltd) v Secretary of State for Environment, Food and Rural Affairs

  08 Sep 2017 [2017] EWHC 2259 (Admin); [2017] PTSR 1662; [2017] WLR(D) 614, QBD (Holgate J)

  21 Sep 2018 [2018] EWCA Civ 2069; [2019] PTSR 292; [2018] WLR(D) 663, CA (Lewison, Lindblom, FlauxLJJ)

  Subsequent citations: 5.
  PLANNING — Planning permission — Conditions

  PLANNING — Practice — Case management
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  PLANNING — Planning permission — Conditions — Grant of planning permission for residential development — Condition restricting completion of balance of development until order for stopping up of footpath confirmed or not confirmed — Inspector declining to confirm order as condition not meeting statutory test of necessity — Whether statutory test properly applied — Whether planning condition properly construed — Whether stopping up order “necessary” to implementation of planning permission — Whether decision to be quashed — Town and Country Planning Act 1990 (c 8) (as amended by Planning and Compulsory Purchase Act 2004 (Commencement No 9 and Consequential Provisions) Order 2006 (SI 2006/1281), art 5(c), Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (SI 2006/1177), reg 2, Sch 1(1), para 1, Growth and Infrastructure Act 2013 (c 27), s 12(2)(4)(5) and Planning (Wales) Act 2015 (anaw 4), s 38(2)(3)(a)), ss 257, 259

  PLANNING — Practice — Case management — Observations on identifying and determining preliminary issues — Observations on efficient use of court resources including avoidance of excessively long skeleton arguments or court bundles

  PLANNING — Planning permission — Conditions — Grant of planning permission for residential development — Condition restricting completion of balance of development until order for stopping up of footpath confirmed or not confirmed — Inspector declining to confirm order as condition not meeting statutory test of necessity — Whether statutory test properly applied — Whether planning condition properly construed — Whether stopping up order “necessary” to implementation of planning permission — Whether decision to be quashed — Town and Country Planning Act 1990 (c 8) (as amended by Growth and Infrastructure Act 2013 (c 27), s 12(2)(4)(5) and Planning (Wales) Act 2015 (anaw 4), s 38(2)(3)(a)), ss 257, 259

  6 Case(s) considered

  1 Statute considered

• R (Lisle-Mainwaring) v Isleworth Crown Court

  24 Apr 2017 [2017] EWHC 904 (Admin); [2017] PTSR 850; [2017] WLR (D) 289, QBD (Mr Justice Gilbart)

  Subsequent citations: 2.
  PLANNING — Notice — Power to require proper maintenance of land

  PLANNING — Power to require proper maintenance of land — Notice
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  PLANNING — Notice — Power to require proper maintenance of land — Planning authority serving notice on owner on basis that choice of painting scheme harming amenity — Whether proper to use notice to alter lawful painting scheme where complaint not of lack of maintenance or disrepair but of aesthetics — Town and Country Planning Act 1990 (c 8), s 215

  PLANNING — Power to require proper maintenance of land — Notice — Planning authority serving notice requiring owner to repaint building on basis choice of painting scheme harming amenity — Building owner appealing — Whether permissible use of notice to alter lawful painting scheme where complaint not of lack of maintenance or disrepair but of aesthetics — Whether condition of land resulting in ordinary course of events from lawful use of land — Town and Country Planning Act 1990 (c 8), ss 215, 217(1)(a)(b) — Town and Country Planning (General Permitted Development) (England) Order 1995 (SI 1995/418), arts 3, 4, Sch 2, Pt 2, Class C

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Hrabkova v Secretary of State for Work and Pensions

  22 Jun 2017 [2017] EWCA Civ 794; [2017] PTSR 1624; [2017] WLR (D) 410, CA (Arden, Black and Flaux LJJ)

  17 May 2018 (appn dis) [2018] PTSR 1605, SC(E) (Lord Kerr of Tonaghmore, Lord Sumption, Lord Hughes JJSC)

  EUROPEAN UNION — Freedom of movement — Right to reside

  SOCIAL SECURITY — European Union National — Right to reside
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  EUROPEAN UNION — Freedom of movement — Right to reside — Self-employed claimant ceasing work — Claimant primary carer of child in education — Secretary of State refusing claim for employment and support allowance — Whether parent having right to reside in United Kingdom — Whether Regulations to be interpreted as applying to self-employed persons — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 15A(3)(b) — Council Regulation (EU) No 492/2011, art 10

  SOCIAL SECURITY — European Union National — Right to reside — European Union national with child in education ceasing self-employment — Secretary of State refusing claim for employment and support allowance on basis claimant having no right to reside in United Kingdom — Whether self-employed parent of child in education having equivalent right to reside in UK as employed parent — Whether regulations to be interpreted as applying to self-employed persons — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 15A(3)(b) (as inserted by Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547), reg 3, Sch 1, para 9) — Parliament and Council Regulation (EU)No 492/2011, art 10

  2 Case(s) considered
• Energy Solutions EU Ltd v Nuclear Decommissioning Authority

  23 Jan 2015 [2015] EWHC 73 (TCC); [2015] PTSR 1106; [2015] WLR (D) 41, QBD (Edwards-Stuart J)

  15 Dec 2015 [2015] EWCA Civ 1262; [2016] PTSR 689; [2015] WLR (D) 528, CA

  16 May 2016 Permission to appeal to Supreme Court given

  11 Apr 2017 [2017] UKSC 34; [2017] 1 WLR 1373; [2017] PTSR 539; [2017] 4 All ER 1; [2017] WLR (D) 272; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 42.
  PUBLIC PROCUREMENT — Contract awards procedure — Breach

  PUBLIC PROCUREMENT — Contract award procedure — Breach

  DAMAGES — Mitigation — Claim for breach of procurement process
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  PUBLIC PROCUREMENT — Contract awards procedure — Breach — Damages — Unsuccessful tenderer claiming damages for alleged breaches in procurement process — Claim issued within 30-day time limit but after regulatory standstill period and after contract entered into — Scope of discretion to award damages — Public Contracts Regulations 2006 (as amended by Public Contracts (Amendment) Regulations 2009, reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 , reg 12(2)(a))), regs 47D(2), 47J(2)(c) — Council Directive 89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC)

  PUBLIC PROCUREMENT — Contract award procedure — Breach — Damages — Unsuccessful tenderer claiming damages for alleged breaches in procurement process — Claim issued within 30-day time limit but after regulatory standstill period and after contract entered into with successful bidder — Whether discretion to award damages — Whether obligation on claimant to invoke alternative procedure — Public Contracts Regulations 2006 (SI 2006/5) (as amended by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(2)(a)), regs 47D(2), 47J(2)(c) — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 2(1) — Parliament and Council Directive2004/18/EC

  DAMAGES — Mitigation — Claim for breach of procurement process — Standstill period after notification of result of tender process allowing unsuccessful bidder to trigger suspension of contract award by issuing proceedings — Unsuccessful bidder thereby able to prevent loss from failure to obtain contract if claim successful — Whether failing unreasonably to mitigate loss by pursuing damages only claim after end of standstill period

  PUBLIC PROCUREMENT — Contract award procedure — Breach — Damages — European Union law condition limiting liability for breach of EU law right to “sufficiently serious” breaches of duty — Whether applicable to domestic law implementing public procurement Directive — Whether domestic law providing for recovery of damages for less serious breaches of procurement process — Public Contracts Regulations 2006 (SI 2006/5) (as amended by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(2)(a)), regs 47D(2), 47J(2)(c) — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 2(1) — Parliament and Council Directive2004/18/EC

  10 Case(s) considered

  2 EU Enactments considered

  1 Statutory Instrument considered

• R v Recycled Materials Supplies Ltd

  24 Feb 2017 [2017] EWCA Crim 58; [2017] PTSR 837; [2017] WLR (D) 136, CA (Gross LJ, Stuart-Smith J, Judge Stockdale)

  ENVIRONMENT — Protection — Waste
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  ENVIRONMENT — Protection — Waste — Defendant company carrying on business of processing waste pursuant to permits issued by local authority and by Environment Agency — Defendant prosecuted by local authority for breach of condition in local authority permit — Whether local authority having jurisdiction to issue permit — Whether local authority permit valid — Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675) (as amended by Natural Resources Body for Wales (Functions) Order 2013 (SI 2013/755), art 4(2), Sch 4, paras 377(3), 378), regs 16, 32, 33, Sch 1, Pt 1, paras 2(2)(3), Pt 2, s 3.5

  1 Statutory Instrument considered
• R (Muir) v Wandsworth London Borough Council

  28 Jul 2017 [2017] EWHC 1947 (Admin); [2017] PTSR 1689; [2017] WLR (D) 533, QBD (Lang J)

  09 May 2018 [2018] EWCA Civ 1035; [2018] PTSR 2121; [2018] 4 All ER 422; [2018] WLR (D) 281, CA (Patten, Floyd, Coulson LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2024. Subsequent citations: 5.
  LOCAL GOVERNMENT — Powers — Public park or pleasure ground
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  LOCAL GOVERNMENT — Powers — Public park or pleasure ground — Local authority granting long lease of premises on common land to limited company to operate as private nursery — Whether facility for “public or recreational use” — Open Spaces Act 1906 (6 Edw 7, c 25), s 10 — Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c xxix), s 1, Sch, arts 7, 8

  LOCAL GOVERNMENT — Powers — Public park or pleasure ground — Local authority granting long lease of premises on common land to limited company to operate as private nursery — Whether facility for “public or recreational use” — Whether proposed use permitted by Order regulating open spaces — Open Spaces Act 1906 (6 Edw 7, c 25), s 10 — Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c xxix) (as amended by Greater London Council (General Powers) Act 1984 (cxxvii), s 6), s 1, Sch, arts 7, 8

  LOCAL GOVERNMENT — Powers — Public park or pleasure ground — Local authority granting long lease of premises on common land to limited company to operate as private nursery — Whether indoor facility for “recreation” — Whether limited company an “organisation” — Whether proposed use permitted by Order regulating open spaces — Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c xxix) (as amended by Greater London Council (General Powers) Act 1984 (cxxvii), s 6), s 1, Sch, art 7

  LOCAL GOVERNMENT — Powers — Public park or pleasure ground — Local authority granting long lease of premises on common land to limited company to operate as private nursery — Whether indoor facility for “recreation” — Whether limited company “organisation” — Whether proposed use permitted by Order regulating open spaces — Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c xxix) (as amended by Greater London Council (General Powers) Act 1984 (c xxvii), s 6), s 1, Sch, art 7

  1 Case considered

  1 Statute considered

• East Hertfordshire District Council v Secretary of State for Communities and Local Government

  09 Mar 2017 [2017] EWHC 465 (Admin); [2017] PTSR 714; [2017] WLR (D) 167, QBD (Dove J)

  PLANNING — Development — Permitted development
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  PLANNING — Development — Permitted development — Local authority refusing to grant prior approval under permitted development Order for conversion of agricultural building to dwelling house — Inspector allowing appeal against refusal and granting prior approval — Whether National Planning Policy Framework policies to be fully applied on application for prior approval — Whether Planning Practice Guidance contrary to permitted development scheme — Whether inspector erring — Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596), Sch 2, Pt 3, paras Q2(1)(e), W(10) — National Planning Policy Framework (2012), para 55

  2 Statutory Instruments considered

• Department for Business, Energy and Industrial Strategy v Information Comr ( Department for Energy and Climate Change v Information Commissioner)

  07 Dec 2015 [2015] UKUT 671 (AAC), UT (AAC)

  29 Jun 2017 [2017] EWCA Civ 844; [2017] PTSR 1644; [2017] WLR (D) 439, CA (Lord Justice Beatson, Lord Justice David Richards, Lord Justice Irwin)

  Subsequent citations: 17.
  ENVIRONMENT — Information — Public access to environmental information
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  ENVIRONMENT — Information — Public access to environmental information — Ambit of “environmental information” — Approach to identifying relevant “measure” — Environmental Information Regulations 2004 (SI 2004/3391), reg 2(1)(c)

  ENVIRONMENT — Information — Public access to environmental information — Request for information concerning review of particular component of Government’s smart meter programme — Whether “environmental information” — Whether information “on … measure … affecting or likely to affect” environment — Environmental Information Regulations 2004 (SI 2004/3391), reg 2(1)(c) — Parliament and Council Directive 2003/4/EC, art 2(1)

  3 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered