PUBLIC & ADMINISTRATIVE LAW CASE NOTES

X v Mid-Sussex Citizens Advice Bureau and Another [2012] UKSC 59
11 January 2013
Member(s) of Chambers involved in this case: Kassie Smith QC

The Supreme Court has recently upheld earlier rulings of the Employment Appeal Tribunal and the Court of Appeal that voluntary work does not fall within the concept of an "occupation" in Article 3(1)(a) of the EU ...

X v Mid Sussex Citizens Advice Bureau & Others [2011] EWCA Civ 28
17 March 2011
Author(s): Ligia Osepciu
Member(s) of Chambers involved in this case: Kassie Smith QC

In its judgment of 26 January 2011, the Court of Appeal held that neither the Disability Discrimination Act 1995 ("DDA 1995") nor Directive 2000/78/ EEC establishing a general framework for equal treatment in employment and occupation ("the ...

R(ICO Satellites Ltd) v Office of Communications
15 February 2011
Author(s): Laura Elizabeth John
Member(s) of Chambers involved in this case: Christopher Vajda QC, Ben Rayment

In a case concerning the ability of the Office of Communications ('Ofcom') to cancel an assignment of a particular radio frequency to a satellite operator, the High Court considered the wider question of whether a public ...

Sinclair Collis Limited v Secretary of State for Health and the Members of National Association of Cigarette Machine Operators
9 February 2011
Author(s): Anneliese Blackwood
Member(s) of Chambers involved in this case: Nicholas Paines QC, Ian Rogers, Owain Draper

This case concerned legislation prohibiting the sale of tobacco from automatic vending machines. On 31 May 2008 the Secretary of State published a consultation paper on the "Future Control of Tobacco" and in December 2008 an impact assessment was ...

Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council [2010] EWCA Civ 1214
7 February 2011
Author(s): Ligia Osepciu
Member(s) of Chambers involved in this case: Ian Rogers

The Court of Appeal's recent decision in Veolia clarifies the extent to which a local authority may withhold commercially sensitive information in its possession from those seeking to exercise a right to inspect the ...

R (Thames Water Utilities Ltd) v Water Services Regulatory Authority
1 February 2011
Author(s): Owain Draper
Member(s) of Chambers involved in this case: Kassie Smith QC, Ben Rayment

Mr Justice Mitting was asked in this case to hold that a decision by the Water Services Regulatory Authority ("Ofwat") to appoint a company as the water and sewerage undertaker for a brownfield site in London was unlawful as falling outwith the ...

BSkyB v Competition Commission ~ [2010] EWCA Civ 2
24 March 2010
Author(s): Owain Draper
Member(s) of Chambers involved in this case: Paul Lasok QC, John Swift QC, Daniel Beard QC, Rob Williams, Elisa Holmes

On 21 January 2010, the Court of Appeal (Rix LJ, Lloyd LJ and Mackay J) dismissed the appeal of British Sky Broadcasting Group plc ("Sky") against the decision of the Competition Appeal Tribunal ("CAT") of  29 September 2008 in which the CAT ...

Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council [2009] EWHC 2382 (Admin) ~ Information rights: Commercial Confidentiality and Local Government Accountability in Conflict?
20 November 2009
Author(s): Ligia Osepciu
Member(s) of Chambers involved in this case: Ian Rogers

The High Court's recent decision in Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council [2009] EWHC 2382 (Admin) has potentially far reaching implications for the protection of confidential ...

R (TNT Post UK Ltd) v HMRC
11 June 2009
Author(s): Anneliese Blackwood
Member(s) of Chambers involved in this case: Paul Lasok QC, Christopher Vajda QC, Melanie Hall QC

This case concerned the interpretation of an exemption from VAT in relation to postal services. Proceedings were brought by TNT Post UK Limited ("TNT Post") against Her Majesty's Revenue and Customs ("HMRC") and Royal Mail Group Limited ("Royal ...

Gallagher (Valuation Officer) v Church of Latter-Day Saints (2008) UKHL 56
14 October 2008
Author(s): Jorren Knibbe
Member(s) of Chambers involved in this case: Tim Ward QC

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 ...

R (on the application of Edwards and another) v Environment Agency and others
18 April 2008
Author(s): Fiona Banks
Member(s) of Chambers involved in this case: Kassie Smith QC

On 16 April 2008, the House of Lords handed down judgment in the case of R (on the application of Edwards and another) v Environment Agency and others1.  Their Lordships' opinions contain much of interest to environmental ...

The Wider Implications ~ R(Eisai Ltd) (Alzheimer's Society and Shire Ltd) v the National Institute for Health and Clinical Excellence
21 August 2007
Author(s): Fiona Banks
Member(s) of Chambers involved in this case: Tim Ward QC, Gerry Facenna

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 ...

It Pays to Check Your Parking Ticket ~ ~ R(London Borough of Barnet) v Parking Adjudicator
2 November 2006
Member(s) of Chambers involved in this case: Ian Rogers

According to various press reports, a number of local authorities across the country using the same or a similar form of words as the Barnet PCN were watching the result somewhat nervously.  In London alone, over 5 million PCNs ...

Public Bodies' Duty to Consult on Internal Advice: the Limits of the Bushell Doctrine
11 July 2006
Member(s) of Chambers involved in this case: Kassie Smith QC

The case concerned a challenge by local residents to a decision by the Environment Agency ("the Agency") to grant a PPC Permit to Rugby Ltd for the continued operation of its cement plant in Rugby, including, as a new proposal, the ...