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LGC LAW PAGE - CASE LAW

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Buckland v Secretary of State for the Environment, Transport and the Regions ...
Buckland v Secretary of State for the Environment, Transport and the Regions

[2000], EGCS 7

The Shipham and Winscombe Enclosure Act 1797 did not empower Enclosure Commissioners to declare a footpath to be a byway open to all traffic, neither did subsequent users give rise to such a presumption.

Hallon v Avery

The Times, 7 February,CA

Police officers who warned of a possible disturbance at a gypsy wedding were not liable under s33 (1) of the Race Relations Act 1976 when this resulted in the local authority treating the family less favourably than other applicants wishing to hire a public hall.

R v Secretary of State for the Environment, Transport and the Regions ex p Premier Environment Ltd

[2000], EGCS 12

Notification from the Environment Agency that a suspended activity can be carried out without causing environmental harm can be an 'event' on which suspension is revoked in s38 (6) of the Environmental Protection Act 1990. Notice given by the agency under s35 is therefore valid when it contains such a requirement.

South West Wales Electricity Plc v Director General of Electricity Supply

The Times, 28th October,

Ch Div

A two in one water/ electricity pre-payment meter was not authorised by the Electricity Act 1989 as the recovery of water charges was not reasonably incidental to the functions of a private electricity supplier.

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