Tim Ward's Library
In May 2008, the BBC and ITV launched "Freesat", a new service offering multi-channel digital satellite TV on a "free-to-air" basis. This case concerned the allocation of Electronic Programme Guide ("EPG") numbers by Freesat to the ...
Delving into the detail: the CAT's scrutiny of cost-benefit analyses ~
Whilst the courts can sometimes display reluctance when asked to delve into the technical or financial detail that lies behind public law decision-making, such reluctance is considerably less evident in the Competition Appeal ...
Case C-127/08 Metock and Others
In a preliminary ruling with wide ramifications, the Grand Chamber of the European Court of Justice ("the ECJ") in Metock has provided important clarification to its case law as to ...
Gallagher (Valuation Officer) v Church of Latter-Day Saints (2008) UKHL 56
In Gallagher the House of Lords considered whether certain buildings within a complex belonging to the Mormon church in Lancashire were exempt from liability to non-domestic rates under paragraph 11 of Schedule 5 of the ...
The Boots Company plc v The Commissioners for Her Majesty's Revenue and Customs, Decision 20644
In this Decision, the Tribunal was required to address both the technical aspects of a bespoke retail scheme, as well as the effect of the administrative process whereby the appellant had engaged with the Commissioners over the ...
The Mystery Of Human Rights Damages
No general right to damages in public law. "A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone" CPR Pt ...
It is trite law that the Member States of the EU retain competence over direct taxation. Unlike VAT, it has not been subject to Community harmonising legislation. Yet in a series of cases dating back over 20 ...
It is trite law that the Member States of the EU retain competence over direct taxation. Unlike VAT, it has not been subject to Community harmonising legislation. Yet in a series of cases dating back over 20 ...
In R (Eisai Ltd) (Alzheimer's Society & Shire Ltd, Interested Parties) v. the National Institute for Health and Clinical Excellence ('NICE') the Court upheld in part a challenge to the decision of the Appeal Panel of NICE ...
Makers v. OFT: Raising the Roof on Cartel Penalties
Makers v. OFT [2007] CAT 11 is another decision of the Competition Appeal Tribunal arising out of the OFT's investigations into bid-rigging in the roofing industry. But the points it raises are of general importance ...
Banca Popolare is a case which is more significant for what the ECJ did not say than for what it did. The Court declined to address the issue on which 15 Member States addressed it in oral submissions, namely whether the Community ...
On 25 February 2005 the Competition Appeal Tribunal ("CAT") dismissed an appeal by Apex Asphalt and Paving Co. Limited ("Apex") against the OFT's decision on anti-competitive practices in the roofing industry. Apex was one of ...
It has long been conventional wisdom that public law proceedings did not give rise to any right to damages. However heinous the illegal action complained of, even if "so outrageous in its defiance of logic or accepted moral standards" ...
The Wednesbury test: "applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at ...
Human Rights Act and Commercial Law
Under the HRA, only a person who is, or would be, a "victim" of an action by a public authority which is incompatible with the Convention can bring proceedings or rely on the Convention right or rights ...
The Charter of Fundamental Rights: a Human Rights Update
The Privilege Against Self-Incrimination: In Search of Legal Certainty
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25/6/2010 ECJ Hands Down Judgment in Vodafone 'Roaming' Case
2/2/2010 CoA rejects JML Direct's challenge in EPG listings dispute
26/3/2009 "Freesat Free to Decide"
Delving into the detail: the CAT's scrutiny of cost-benefit analyses ~
Case C-127/08 Metock and Others
Gallagher (Valuation Officer) v Church of Latter-Day Saints (2008) UKHL 56