Results: 141

• Heron Bros Ltd v Central Bedfordshire Council

  20 Mar 2015 [2015] EWHC 604 (TCC); [2015] PTSR 1146; [2015] BLR 362; [2015] WLR (D) 137, QBD (Edwards-Stuart J)

  Subsequent considerations : 1 negative; most recently considered: 2017. Subsequent citations: 6.
  PUBLIC PROCUREMENT — Claim form — Service
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  PUBLIC PROCUREMENT — Claim form — Service — Claimant seeking to challenge defendant’s procurement process — Whether claim form served within prescribed time limit — Whether power or discretion to extend time for service — When valid service effected — Whether time limits breaching European Union principle of equivalence — Whether sending unsealed copy of claim form to defendant valid service within time limit — Whether defects in served claim form curable — Public Contracts Regulations 2006 (SI 2006/5), reg 47F (as inserted by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and amended by Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(4)) — CPR rr 6.14, 7.5(1)

  7 Case(s) considered

  2 Statutory Instruments considered

• R (GRA Acquisition Ltd) v Oxford City Council

  22 Jan 2015 [2015] EWHC 76 (Admin); [2015] PTSR 751; [2015] WLR (D) 47, QBD (Ouseley J)

  PLANNING — Conservation area — Designation
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  PLANNING — Conservation area — Designation — Prospect of housing development on former greyhound racing and speedway stadium stimulating local authority to consider designation of site as conservation area — Whether stadium site “area” for purpose of designation — Whether designation irrational — Whether designation for improper purpose — Whether designation lawful — Planning (Listed Buildings and Conservation Areas) Act 1990, s 69(1)

  1 Case considered

  1 Statute 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: 20.
  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

• Edenred (UK Group) Ltd v HM Treasury

  22 Jan 2015 [2015] EWHC 90 (QB); [2015] CN 275, QBD (Andrews J)

  31 Mar 2015 [2015] EWCA Civ 326; [2015] CN 604, CA

  01 Jul 2015 [2015] UKSC 45; [2015] PTSR 1088; [2016] 1 All ER 763; [2015] WLR (D) 284; Case details, SC(E)

  Subsequent citations: 4.
  PUBLIC PROCUREMENT — Contract award procedure — Public services contract

  PUBLIC PROCUREMENT — Public services contract — Modification of contract
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  Case index catchwords

  PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax free childcare (“TFC”) accounts to be provided by another government department (“NS&I”) — No invitation to tender for provision of new service — NS&I’s services delivered under existing contract by private sector partner — Whether provision of TFC arrangements “public services contract” — Whether delivery of TFC accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5), reg 5(1) — FEU Treaty, art 56

  PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax-free childcare accounts to be provided by government department — No invitation to tender for provision of new services — Department’s services delivered under existing contract by private sector partner — Whether “public services contract” — Whether delivery of childcare accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5) — FEU Treaty, art 56FEU

  PUBLIC PROCUREMENT — Public services contract — Modification of contract — Government agreeing new scheme of tax-free childcare accounts to be funded through HM Revenue and Customs and provided by government department offering retail savings and investment products (“NS&I”) — Arrangement involving variation of NS&I’s operational services delivered under existing public contract by private sector partner — Whether delivery of childcare accounts requiring substantial modification to existing public services contract — Whether failure to tender in breach of Regulations — Whether arrangement involving separate public services contract between Revenue and NS&I’s private sector partner — Childcare Payments Act 2014, s 16(2) — Public Contracts Regulations 2015, reg 72 — Parliament and Council Directive 2014/24/EU

  1 Case considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered
• R (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change

  20 Dec 2013 [2013] EWHC 4161 (Admin); [2014] CN 495, QBD (Patterson J)

  01 Aug 2014 [2014] EWCA Civ 1111; [2015] PTSR 189; [2014] WLR (D) 367, CA

  11 Dec 2014 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 neutral. Subsequent citations: 17.
  PLANNING — Development — Consent order
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  PLANNING — Development — Consent order — Secretary of State granting development consent order for nuclear power station — Whether transboundary consultation with Republic of Ireland necessary — Whether development “likely to have significant effects on environment” in Republic of Ireland — Whether Secretary of State erring in failing to consult Irish Republic — Parliament and Council Directive2011/92/EU, art 7

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered

• R (HS2 Action Alliance Ltd) v Secretary of State for Transport

  06 Aug 2014 [2014] EWHC 2759 (Admin); [2014] PTSR 1334; [2014] CN 1471, QBD (Lindblom J)

  09 Dec 2014 [2014] EWCA Civ 1578; [2015] PTSR 1025; [2014] WLR (D) 526, CA

  Subsequent citations: 2.
  PLANNING — Development — Environmental assessment
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  PLANNING — Development — Environmental assessment — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive2001/42/EC, arts 2(a), 3(2)

  PLANNING — Development — Environmental assessment — Major national railways project — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive 2001/42/EC, arts 2(a), 3(2)

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered

• R (Hourhope Ltd) v Shropshire Council

  02 Mar 2015 [2015] EWHC 518 (Admin); [2015] PTSR 933; [2015] WLR (D) 100, QBD (Judge David Cooke sitting as a High Court judge)

  PLANNING — Development — Planning permission
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  Case index catchwords

  PLANNING — Development — Planning permission — Community infrastructure levy — Local planning authority granting claimant developer planning permission for demolition of former public house and construction of residential units — Local authority requiring payment of community infrastructure levy and refusing demolition deduction in respect of building to be demolished — Whether building “in lawful use” for relevant period — Whether qualification for deduction requiring actual rather than potential use — Whether local authority erring — Community Infrastructure Levy Regulations 2010, reg 40 (as substituted by Community Infrastructure Levy (Amendment) Regulations 2014, reg 6)

  1 Words & Phrases considered

  1 Statutory Instrument considered

• NATS (Services) Ltd v Gatwick Airport Ltd

  02 Oct 2014 [2014] EWHC 3133 (TCC); [2015] PTSR 566; [2014] WLR (D) 416, QBD (Ramsey J)

  Subsequent citations: 8.
  PUBLIC PROCUREMENT — Utilities — Automatic suspension
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  Case index catchwords

  PUBLIC PROCUREMENT — Utilities — Automatic suspension — Procurement process for provision of air traffic control services — Unsuccessful tenderer challenging procurement process — Whether, if Regulations applying, automatic suspension of tender contract to be lifted — Applicable test — Utilities Contracts Regulations 2006 (as amended by Utilities Contracts (Amendment) Regulations 2009, reg 12 and Public Procurement (Miscellaneous Amendments) Regulations 2011, reg 21(a)), regs 45G, 45H — Council Directive 92/13/EEC (as amended by Parliament and Council Directive 2007/66/EC, art 2), art 2(4)

  2 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board (Secretary of State for Health intervening)

  11 Mar 2015 [2015] EWHC 601 (Admin); [2015] PTSR 945; [2015] WLR (D) 134, QBD (Hickinbottom J)

  02 Feb 2016 (Secretary of State for Health intervening) [2016] EWCA Civ 26; [2016] PTSR 908; [2016] WLR (D) 63, CA (Laws, Elias, Lloyd Jones LJJ)

  11 Jul 2016 (appn all) [2016] PTSR 1202, SC(E)

  02 Aug 2017 [2017] UKSC 56; [2017] PTSR 1140; [2018] 1 All ER 449; [2017] WLR (D) 559; Case details, SC(E) (Baroness Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Carnwath, Lord Hodge JJSC)

  Subsequent citations: 2.
  LOCAL GOVERNMENT — Health and social care — Nursing care

  LOCAL GOVERNMENT  — Health and social care — Nursing care
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  LOCAL GOVERNMENT — Health and social care — Nursing care — Care homes — Statutory prohibition on local authorities paying for or providing “nursing care by a registered nurse” — Local health boards paying only for time spent by registered nurses in provision of healthcare to care home residents — Whether local authorities prohibited from paying for other tasks performed by registered nurse — Whether health boards’ approach to funding of nursing care in care homes erroneous — Health and Social Care Act 2001, s 49 — National Health Service (Wales) Act 2006, s 3(1) — Care Homes (Wales) Regulations 2002, reg 18(3)

  LOCAL GOVERNMENT — Health and social care — Nursing care — Care homes— Statutory prohibition on local authorities paying for or providing “nursing care by a registered nurse”— Local health boards paying only for time spent by registered nurses in provision of nursing care to care home residents— Whether local authorities prohibited from paying for other tasks performed by registered nurse— Whether health boards’ approach to funding of nursing care in care home erroneous— Health and Social Care Act 2001 (c 15), s 49 — National Health Service (Wales) Act 2006 (c 42), s 3(1) — Care Homes (Wales) Regulations 2002 (SI 2002/324), reg 18(3)

  LOCAL GOVERNMENT  — Health and social care — Nursing care — Care homes— Provision for means-tested residents requiring some nursing care but having primary need for social and personal care— Requirement for cost to be met by local authority save in respect of “nursing care” by registered nurse— Health boards in Wales responsible for meeting cost of “nursing care”— Boards restricting funding to actual time spent by nurse in provision of nursing procedures and excluding ancillary care provided by nurse— Whether correct— Whether boards also to fund personal care provided to resident by nurse ancillary to nursing care— Health and Social Care Act 2001 (c 15), s 49 — National Health Service (Wales) Act 2006 (c 42), s 3(1) — Care Homes (Wales) Regulations 2002 (SI 2002/324), reg 18(3)

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (Nicolson) v Tottenham Magistrates’ Court

  06 May 2015 [2015] EWHC 1252 (Admin); [2015] PTSR 1045; [2015] LGR 867; [2015] WLR (D) 204, QBD (Andrews J)

  Subsequent citations: 5.
  LOCAL GOVERNMENT — Council tax — Enforcement
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  Case index catchwords

  LOCAL GOVERNMENT — Council tax — Enforcement — Costs reasonably incurred in obtaining liability order — Justices ordering defaulting council tax payer to pay costs said to be reasonably incurred by billing authority in obtaining order — Whether costs order lawfully made — Whether sufficient evidence before justices as to how claimed sum computed and what it comprised — Council Tax (Administration and Enforcement) Regulations 1992, reg 34(7)

  1 Statutory Instrument considered