England and Wales High Court of Justice

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Trades Union Congress, R (on the application of) v Secretary Of State For Trade & Industry, Court of Appeal - Administrative Court, May 23, 2000, [2000] EWHC Admin 345

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Case No: CO/376/2000

IN THE SUPREME COURT OF JUDICATURE
QUEEN'S BENCH (DIVISIONAL COURT)
Royal Courts of Justice
Strand, London, WC2A 2LL

Tuesday 23 May 2000

B e f o r e :

LORD CHIEF JUSTICE
Mr JUSTICE MORISON

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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
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Cherie Booth QC, Dinah Rose, Helen Mountfield, Deok-Joo Rhee (instructed by Thompsons) for the applicant
Jonathan Crow and Rabinder Singh (instructed by the Treasury Solicitor)
for the Secretary of State
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Judgment
As Approved by the Court

Crown Copyright ©



Mr Justice Morison:

This is the judgment of the court.
1. The principal issue on this application is whether the Maternity and Parental Leave etc Regulations 1999 (S.I. 3312/1999) [the Regulations] made by the Secretary of State for Trade and Industry properly transposed into domestic law Council Directive 96/34/EC [the Dire...
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B, R (on the application of) v North East Thames Mental Health Review Tribunal, Court of Appeal - Administrative Court, June 13, 2000, [2000] EWHC 640 (Admin)

SMITH BERNAL
CO 2556/1999
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(CROWN OFFICE LIST)
Royal Courts of Justice
Strand
London WC2

Tuesday, 13th June 2000

Before:

MR JUSTICE SCOTT-BAKER

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REGINA

-v-

THE NORTH EAST THAMES MENTAL HEALTH REVIEW TRIBUNAL
EX PARTE F. B

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(Computer-aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0207-421 4040/0207-404 1400 Fax...
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Royal & Sun Alliance Life & Pensions Ltd, R (on the application of) v Personal Investment Authority Ombudsman Bureau Ltd & Anor, Court of Appeal - Administrative Court, July 27, 2000, [2000] EWHC Admin 379

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CO/46/2000

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST

Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 27th July 2000

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

B e f o r e :

THE HON MR JUSTICE LANGLEY

Between:

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Mr J. Strachan (instructed by Personal Investment Authority Ombudsman Bureau for the Respondent)
Mr N. F. Riddle (instructed by Royal & Sun ...
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Structadene Ltd, R (on the application of) v Hackney London Borough Council, Court of Appeal - Administrative Court, October 19, 2000, [2000] EWHC Admin 405

15

IN THE HIGH COURT OF JUSTICE Case No CO/921/2000
QUEEN S BENCH DIVISION
ADMINISTRAXTIVE COURT LIST
Royal Courts of Justice,
Strand, London,
WC2A2LL

Thursday 19 October 2000
Before:

The Hon. Mr Justice Elias


Between:

THE QUEEN

on behalf of

STRUCTADENE LIMITED
(Applicant)

v.

HACKNEY LONDON BOROUGH COUNCIL
(Respondent)



-----------------------------
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
-----------------------------

Mr Kelvin A Rutledge appeared on behalf of the Applicant

Mr John Hobson Q.C. appeared on behalf of the Respondent

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Judgment

As Approved by the Court

Crown Copyright ©


The applicant in this action, a well-established property company, seeks judicial review of the decision of the respondent council to sell certain properties to third parties, and to have the contract whereby the sale has been agreed set aside. It also seeks an order of mandamus requiring the council to sell the property by auction. The respondent council concedes that it did indeed act unlawfully in entering into the contract in that it did not take proper steps to obtain the best value pursuant to section 123 of the Local Government Act 1972 ("the Act") nor, in the alternative, did it obtain the consent of the Secretary of State for the sale. If his consent is given then a sale which is for less than best value is nonetheless lawful. The council, however, contends that the court cannot now quash the decision or set aside the contract. It submits that the rights of third parties are protected by section 128(2) of the Act, and cannot now be unravelled. The Council accepts that it would be open to the court to declare the decision unlawful, but says that there would at this stage be no purpose in such relief being given. The applicant contends that in the circumstances of this case the contract can be set aside and that effective relief for the admittedly wrongful act is to hand. Whether that is right depends upon the proper construction of Section 128(2) and its application to the facts.

The background This can be stated relatively briefly. The mate...
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Norgren, R (on the application of) v Secretary Of State For Home Department, Court of Appeal - Administrative Court, February 18, 2000, [2000] EWHC Admin 296,[2000] 3 WLR 181,[2000] QB 817


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Case No: C0-4530-97

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION (DIVISIONAL COURT)
In the matter of an application for judicial review
Royal Courts of Justice
Strand, London, WC2A 2LL

Friday, 18 February 2000

B e f o r e :


LORD CHIEF JUSTICE OF ENGLAND AND WALES
(LORD BINGHAM OF CORNHILL)

Mr JUSTICE KLEVAN


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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
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Clare Montgomery QC & James Lewis (instructed by Kingsley Napley)
for the applicant
James Turner QC (instructed by the Treasury Solicitor) for the Secretary of State
Paul Garlick QC (instructed by the Crown Prosecution Service) for the
United States Government

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Judgment
As Approved by the Court

Crown Copyright ©


LORD CHIEF JUSTICE OF ENGLAND AND WALES:
The applicant Mr Christian Norgren, seeks judicial review of an order to proceed made by the Home Secretary on 30 September 1997 under paragraph 4(2) of Schedule 1 to the Extradition Act 1989.

The applicant is a Swedish citizen. In 1989 he was a director of Asea Brown Boveri Ltd, a multinational corporation. In his capacity as director he became aware of a proposed merger between an Asea Brown Boveri subsidiary and a Delaware corporation, Combustion Engineering Inc. It is alleged that with that knowledge, and in expectation that the merger would cause a rise in the value of the stock in Combustion Engineering, the applicant procured the purchase of Combustion Engineering stock on his own behalf on the New York and Pacific Stock Exchanges.
The...
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Morgan Grenfell & Co Ltd, R (on the application of) v Special Commissioner, Court of Appeal - Administrative Court, November 08, 2000, [2000] EWHC Admin 415



Case no: CO/4481/2000

IN THE high court of justice
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of justice
Strand, London, wc2a 2ll

Wednesday 8 November 2000

Before:

LORD JUSTICE BUXTON
And
MR JUSTICE PENRY DAVEY
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The Queen
-v-
A SPECIAL COMMISSIONER
EX PARTE MORGAN GRENFELL & CO LTD
____________________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________

Michael Beloff QC and Mr Giles Goodfellow (instructed by Messers Slaughter and May) for the applicants

Mr Timothy Brennan and Miss Ingrid Simler (instructed by the Solicitor to the Inland Revenue) for the Respondents

____________________

Judgment
As Approved by the Court

Crown Copyright ©

LORD JUSTICE BUXTON:

This is the judgment of the Court.
Background
These proceedings arise in the context of a tax-related scheme called Sale With Tax Enhanced Leasing Arbitrage [STELA] devised and operated by Morgan Grenfell & Co Ltd [MG], the well-known merchant bank. The scheme was commended to clients by MG as enabling them to secure extremely low cost term funding through a tax arbitrage based on property.
It will be necessary to describe STELA in somewhat more detail at a later stage of this judgment. Its essence, however, was that (to quote MG's documentation promoting the scheme) the client (in the example at which these proceedings are directed, Tesco plc)
grants a long leasehold interest in property that it already owns to [MG] and then leases it back under a sub-lease in a highly tax efficient manner........The lump sum obtained from the grant of the property interest is amortised through rental payments made by Tesco under the sub-lease. Tesco receives the sale proceeds tax free (or sheltered from tax) and obtains a tax deduction for the rental payments which repay both the principal and the interest. That is the tax advantage obtained by Tesco. The substantial premium paid by MG for the granting of the leasehold interest, seen by Tesco as the proceeds of the sale of the lease, would not be expec...
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KL v Worcestershire County Council & Ors, Court of Appeal - Administrative Court, March 15, 2000, [2000] EWHC Admin 303

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Case No: 1999/1252/C

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL QUEEN'S BENCH DIVISION
CROWN OFFICE LIST (CARNWATH J)
Royal Courts of Justice
Strand, London, WC2A 2LL

Wednesday 15 March 2000

B e f o r e :

LORD CHIEF JUSTICE
Of England & Wales (Lord Birmingham of Cornhill)
LORD JUSTICE PILL
and
LADY JUSTICE HALE

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Richard Gordon QC & Nicholas Bowen (instructed by Rust Moss & Co., 48 Blackburn Road, Accrington, Lancashire, BB5 1LE) for the appellant
David Wolfe (Mr J Moffatt 15.3.00)(instructed by Simon Mallinson, Head of Legal Services, Worcestershire County Council, County Hall, Spetchley Road, Worcestershire, WR5 2NP) for the respondents

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Judgment
As Approved by the Court

Crown Copyright ©


Lady Justice Hale:

1. This is the judgment of the Court.

Facts 2. K was born on 1 June 1990. She has cerebral palsy, which affects her fine and gross motor movements. She also has Turner's Syndrome which results in small stature. Because of these physical disabilities she has special educational needs. Her mother wishes her to go to A Manor School which is a small private special school. The Special Educational Needs Tribunal has decided that she should go to a mainstream day school which is able to provi...
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Mahmood, R (On The Application Of) v Secretary Of State For Home Department, Court of Appeal - Administrative Court, February 02, 2000, [2000] EWHC Admin 632


Case No: CO/3079/98
Neutral Citation Number: [2001] EWHC Admin 632
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 9th August 2001

B e f o r e :



THE HONOURABLE MR JUSTICE NEWMAN

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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Clive Sheldon (instructed by the Treasury Solicitor for the Defendant)
Ramby de Mello (instructed by Fawcett Pattni, Solicitors for the Claimant)

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Judgment
As Approved by the Court

Crown Copyright ©

Mr Justice Newman:
1. This is an application for judicial review of a decision of the Secretary of State notifying the claimant that he was an `illegal entrant' and therefore liable to deportation. Permission was granted as long ago as 2 February 2000 by Latham J, and on l9 June 2000, Gibbs J made an order for cross examination of the claimant on an application by the Secretary of State. Mindful of what had been said by Thorpe LJ in Cendiz Doldur v Secretary of State for the Home Department 1998 [IMM AR 352] and since the Secretary of State maintained that deceit was to be inferred from what the claimant had failed to state to immigration officers, it was consi...
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Society Of Lloyds v Twinn & Anor, Court of Appeal - Administrative Court, March 23, 2000, [2000] EWHC Admin 308





CHBKF 1999/0660/B3
IN THE HIGH COURT OF JUSTICE CHBKF 1999/0659/B2
CHANCERY DIVISION

Thursday 23rd March 2000

Before:-

THE VICE-CHANCELLOR:

The Rt. Hon. Sir Richard Scott

The Rt. Hon. Lord Justice Chadwick

The Rt. Hon. Lord Justice Buxton


B E T W E E N:-


_________________________

(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
_________________________

Mr J. Briggs instructed by The Society of Lloyds for the Appellant
Ms C. Mackenzie-Smith instructed by Geoffrey George Twinn and Gail Sally Anne Twinn for the Respondents
_________________________
Judgment
As Approved by the Court

Crown Copyright ©





The Vice-Chancellor:
1. This is an appeal by the Society of Lloyd's (Lloyd's) against the judgment of Jacob J., given on 11 May 1999. The respondents to the appeal are Mr and Mrs Twinn. They are, or were, Lloyd's Names.

2. On 12 July 1998 Lloyd's served on Mr and Mrs Twinn statutory demands. A separate statutory demand was served on each. The statutory demands called for payment of sums said to be owing by them to Lloyd's under the so-called Reconstruction and Renewal Agreement entered into between Lloyd's and each of the Names who accepted the terms on offer. No application to set aside the statutory demands was made. Nor was payment made. So, on 23 September 1998 Lloyd's petitioned for bankruptcy orders to be made against Mr and Mrs Twinn. There was a separate petition against each of them. The petition against Mr Twinn alleged an indebtedness to Lloyd's of £1,018,832. Paragraph 2 of the petition said this:- "2. The debtor is justly and truly indebted to us in the aggregate sum of £1,018,832 being the amount due to us pursuant to the terms of Settlement Agreement concluded between us and the debtor in 1996 and payable by Noon on 30 September 1996 whereby the debtor is deemed to be an "Accepting Name". By a letter dated 27 June 19...
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T v Chase Farm Hospital, Court of Appeal - Administrative Court, May 17, 2000, [2000] EWHC 645 (Admin)

SMITH BERNAL
NO: CO/1411/00
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST


Royal Courts of Justice
Strand
London WC2

17th May 2000


B e f o r e:

MR JUSTICE OWEN

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D.T.

-v-


CHASE FARM HOSPITAL

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Computer Aided Transcript of the Stenograph notes of
Smith Bernal Reporting Limited,
190 Fleet Street, London EC4A 2AG
Telephone No: 020 7421 4040 020 7421 4040 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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MR K GLEDHILL (instructed by Bell, Wright & Dallman, Gainsborough, Lincolnshire DN21 2DF) appeared on behalf of the Applicant
MR A MOON (instructed by Bevan Ashford, London) appeared on behalf of the Respondent MR J MAURICI (instructed by Tre...
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