Town and Country Planning Permission for development. The claimants applied for judicial review of the defendant Secretary of State's decision to grant planning permission for a regeneration scheme at Crystal Palace on the basis, inter alia, that the application had not been properly constituted. The judge dismissed that claim and the claimants appealed. The Court of Appeal dismissed the claimants' appeal as the application had been properly constituted and the Secretary of State had been entitled to grant planning permission.
Building contract Construction. The Technology and Construction Court considered the wording of documents relating to a contract between the parties to construct hydro-electric facilities in Scotland. The court held that a declaration would be made stating that to achieve completion of the second section of the works, the defendant company would be required to undertake certain engineering work.
Town and Country Planning Planning permission. The defendant local authority granted the interested party two planning permissions for a biomass renewable energy plant and a combined heat and power plant. The claimant applied for judicial review on the basis that a further screening opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, should have been carried out. The Court of Appeal, Civil Division dismissed the claimant's appeal against the judge's decision to dismiss her application. There was no reason to interfere with the judge's findings, which had been properly open to him in the circumstances of the instant case.
Disclosure and inspection of documents Production of documents. The Technology and Construction Court made an order for specific disclosure in the context of a public procurement dispute.
Landlord and tenant Repair. The claimant landlord brought a dilapidations claim against the tenant in which it alleged breach of a repair covenant of a lease in respect of its property and sought to recover the cost of repairs to the property. The Technology and Construction Court held that, on the facts, the claimant was entitled to recover most of the sums in issue.
Building contract Arbitration. The Technology and Construction Court, in proceedings brought pursuant to a building contract, made a declaration that the adjudicator had made a 'temporary binding' decision as to the date of practical completion and refused to stay enforcement of the judgment sum pending the decisions in two subsequent adjudications. Consequently, summary judgment was entered for the claimant.
Arbitration Award. The proceedings concerned a dispute in respect of the construction of a medical centre. Following an arbitration in which the arbitrator found for the defendants, the claimant company applied for leave to appeal the decision of the arbitrator on two issues. In dismissing the application, the Technology and Construction Court held that the claimant's first question in the appeal did not raise an issue of general public importance, and that the arbitrator's decision in respect of the second issue had not obviously been wrong.
European Union Environment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art3(4) and (5) of Council Directive (EC) 2001-42 of the European Parliament and of the Council of 27 June 2001 (on the assessment of the effects of certain plans and programmes on the environment). The request had been made in the course of proceedings between L and M, a municipality, concerning the legal validity of a building plan prepared by M without an environmental assessment, as required by that directive, having been carried out.
Contract Construction of contract. The claimant travel company purchased a ski holiday company and its subsidiary from the defendants. The claimant sought reimbursement from the defendants for payment of Swiss valued added tax and associated expenses under the terms of the deed in respect of the sale. The Queen's Bench Division, Mercantile Court, held that on the true construction of the deed and approaching the matter with commercial common sense, the tax in issue was payable under Swiss law and the defendants had no grounds under of the deed not to pay what had otherwise been due.
Town and Country Planning Planning permission. The defendant local authority granted the interested party planning permission for a development. The claimant applied for judicial review of the grant of planning permission on the basis that the proposed development would have been within an exclusion zone set out by an earlier enforcement decision. The Administrative Court dismissed the application as the development was at no point within the exclusion zone.