Category: retrospectivity

Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily

Posted February 18th, 2015 in enforcement notices, law reports, local government, planning, retrospectivity by sally

Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65

‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Court rules on power to decline to determine retrospective planning applications – Local Government Lawyer

Posted February 13th, 2015 in enforcement notices, local government, news, planning, retrospectivity by tracey

‘The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council [2015] EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and Country Planning Act 1990 had been considered.’

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Local Government Lawyer, 12th February 2015

Source: www.localgovernmentlawyer.co.uk

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Posted July 9th, 2014 in canals, law reports, retrospectivity, sewerage, Supreme Court, trespass, water companies by sally

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

Landowner wins appeal over time limits for village green application – Local Government Lawyer

Posted May 28th, 2014 in commons, land registration, news, retrospectivity, statutory interpretation, time limits by sally

‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’

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Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Court threat for couple for putting up Wendy house in garden – Daily Telegraph

Posted May 27th, 2014 in enforcement notices, news, planning, retrospectivity by sally

‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’

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Daily Telegraph, 26th May 2014

Source: www.telegraph.co.uk

Basically, we are all… – NearlyLegal

Posted March 5th, 2014 in appeals, costs, delay, housing, news, proportionality, retrospectivity, solicitors, time limits by sally

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

Enigma codebreaker Alan Turing to receive posthumous pardon for homosexuality conviction – The Independent

Posted July 22nd, 2013 in bills, homosexuality, news, pardons, parliament, retrospectivity, sexual offences by sally

“The Government says it will not oppose a parliamentary bill that would quash the 1952 ‘gross indecency’ conviction.”

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The Independent, 20th July 2013

Source: www.independent.co.uk

High Court allows invalid Bushfield Camp Village Green application to be retrospectively corrected after the deadline for application – OUT-LAW.com

Posted July 15th, 2013 in commons, land registration, news, planning, retrospectivity, time limits by sally

“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”

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OUT-LAW.com, 12th July 2013

Source: www.out-law.com

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

Posted April 24th, 2013 in agricultural holdings, declarations of incompatibility, human rights, landlord & tenant, news, partnerships, retrospectivity, Scotland, Supreme Court by sally

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Gülbahce v Freie und Hansestadt Hamburg – WLR Daily

Posted November 12th, 2012 in cohabitation, EC law, law reports, migrant workers, retrospectivity by sally

Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313

“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Mental health sectioning error – BBC News

Posted October 30th, 2012 in detention, doctors, legislation, mental health, news, retrospectivity by sally

“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk

Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others – WLR Daily

Posted October 26th, 2012 in administrators, insolvency, jurisdiction, law reports, retrospectivity by tracey

Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others: [2012] EWHC 2942 (Ch);   [2012] WLR (D)  288

“The court had jurisdiction under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 to give permission retrospectively to institute legal proceedings against a company in administration.”

WLR daily, 24th October 2012

Source: www.iclr.co.uk

Joddrell v Peaktone Ltd – WLR Daily

Posted July 31st, 2012 in company law, law reports, retrospectivity by sally

Joddrell v Peaktone Ltd [2012] EWCA Civ 1035; [2012] WLR (D) 229

“The deeming provision, as to the restoration of a company to the Register of Companies, contained within section 1032(1) of the Companies Act 2006, was apt retrospectively to validate an action commenced by or against a company during the period of its dissolution.”

WLR Daily, 26th July 2012

Source: www.iclr.co.uk

CFA reform will not be retrospective, MoJ says – Law Society’s Gazette

Posted March 13th, 2012 in bills, fees, news, retrospectivity by sally

“The Ministry of Justice (MoJ) today sought to quell fears that Jackson reforms would be applied retrospectively to cases launched before April 2013.”

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Law Society’s Gazette, 13th March 2012

Source: www.lawgazette.co.uk

Concern at move to make success fee recovery ban retrospective – Law Society’s Gazette

Posted March 12th, 2012 in bills, compensation, fees, news, retrospectivity by sally

“Alarm has been raised at a move by the government that appears to give the Jackson reforms retrospective effect.”

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Law Society’s Gazette, 12th March 2012

Source: www.lawgazette.co.uk

Barclays £500m tax loophole closed by Treasury in rare retrospective action – The Guardian

Posted February 28th, 2012 in banking, HM Revenue & Customs, news, retrospectivity, tax avoidance by tracey

“The Treasury has rushed in legislation to close down two ‘aggressive’ tax avoidance schemes that a high-street bank had disclosed to HM Revenue and Customs in an effort to avoid tax. As it announced highly unusual steps to take retrospective action to shut down the ‘highly abusive’ schemes, the Treasury refused to the name the bank involved, although the Guardian understands that it is Barclays. The bank has refused to comment.”

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The Guardian, 28th February 2012

Source: www.guardian.co.uk

Uninterrupted Morris Dancing rights beaten by an A1P1 claim? – UK Human Rights Blog

Posted December 7th, 2011 in human rights, legislation, news, retrospectivity, rights of way by sally

“Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. I have posted on some of these, the ban of the pub fag machine, or the change in the law that meant insurers had to pay compensation for pleural plaques caused by asbestos. These A1P1 cases are not easy to win, not least because the courts are wary in thwarting legislative changes via one of the less fundamental and most qualified rights in the Convention locker.”

Full story

UK Human Rights Blog, 7th December 2011

Source: www.ukhumanrightsblog.com

Leeds Group plc v Leeds City Council (No 2) Regina (Leeds Group plc) v Leeds City Council (No 2) – WLR Daily

Posted December 6th, 2011 in appeals, commons, land registration, law reports, local government, retrospectivity by sally

Leeds Group plc v Leeds City Council (No 2); Regina (Leeds Group plc) v Leeds City Council (No 2) [2011] EWCA Civ 1447; [2011] WLR (D) 347

“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”

WLR Daily, 2nd December 2011

Source: www.iclr.co.uk

The HM Land Registry Day List – Where real time meets Judicial power to act retrospectively – Hardwicke Chambers

Posted September 7th, 2011 in land registration, lists, news, retrospectivity by sally

“The High Court retains control of the Day List of applications at the Land Registry. Retrospective reinstatement can be ordered but ordinarily will not be where a third party interest has since arisen.”

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Hardwicke Chambers, 5th September 2011

Source: www.hardwicke.co.uk