Energy in UK Law
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Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others
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Section 70(3) of the Planning Act provides that section 70(1), which confers the power to grant planning permission, has effect subject to, inter alia, sections 66 and 72 of the Listed Buildings Act. Section 70(2) requires the decision-maker to have regard to "material considerations" when granting planning permission, but Parliament has made the power to grant permission having regard to material considerations expressly subject to the section 66(1) duty.
For these reasons, I agree with Lang J's conclusion that Parliament's intention in enacting section 66(1) was that decision-makers should give "considerable importance and weight" to the desirability of preserving the setting of listed buildings when carrying out the balancing exercise. I also agree with her conclusion that the Inspector did not give considerable importance and weight to this factor when carrying out the balancing exercise in this decision.
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Lloyde v West Midlands Cas Board
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It means that a plaintiff prima facie establishes negligence where: (1) it is not possible for him to prove precisely what was the relevant act or omission which set in train the events leading to the accident; but (ii) on the evidence as it stands at the relevant time it is more likely than not that the effective cause of the accident was some acts or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper care for the plaintiff a safety.
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Halliburton Energy Services Inc. v Smith International (North Sea) Ltd
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The first is merely the trite principle that the addressee of the specification is the person skilled in the art, who approaches the document with the common general knowledge. Second, there may be obscurities and difficulties in a claim that cannot be resolved by an appeal to context. Finally, and most importantly, over-meticulousness is not to be equated to carefulness. Care in working out what the patentee was aiming at when he chose the words he used is absolutely necessary.
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R (Finn-Kelcey) v Milton Keynes Council
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I would respectfully agree that, where the CPR has expressly provided for a three month time limit, the courts cannot adopt a policy that in judicial review challenges to the grant of a planning permission a time limit of six weeks will in practice apply. However, that does not seem to me to rob the point made by Simon Brown Jothers of all of its force.
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Manchester, Lord Mayor, Aldermen and Citizens of the City of v Farnworth
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The onus of proving that the result is inevitable is on those who wish to escape liability for nuisance, but the criterion of inevitability is not what is theoretically possible but what is possible according to the state of scientific knowledge at the time, having also in view a certain commonsense appreciation, which cannot be rigidly defined, of practical feasibility in view of situation and of expense.
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Aidan Jones v Jane Margaret Mordue (First Respondent) Secretary of State for Communities and Local Government (Second Respondent) South Northamptonshire Council (Third Respondent)
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When an expert planning inspector refers to a paragraph within that grouping of provisions (as the Inspector referred to paragraph 134 of the NPPF in the Decision Letter in this case) then — absent some positive contrary indication in other parts of the text of his reasons —the appropriate inference is that he has taken properly into account all those provisions, not that he has forgotten about all the other paragraphs apart from the specific one he has mentioned.
- Solar Energy
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Mapping Global Energy Governance
The challenges inherent in energy policy form an increasingly large proportion of the great issues of global governance. These energy challenges reflect numerous transnational market or governance ...
- Olivia Woolley, Renewable Energy Law
- International Arbitration and Energy Disputes1
- WTO - Energy Services
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Great British Energy Bill
On 3 September 2024, the UK Government published its factsheet on the Great British Energy Bill which received its Second Reading in the House of Commons on 5 September. The purpose of the Bill is ...
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UK green energy outlook
In the first quarter of 2019, the amount of energy provided by renewable sources overtook fossil fuels in the UK. For the first time, the share of renewable energy (including solar, wind and renewa...
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Energy Brexit: initial thoughts
In the energy sector, as elsewhere, it is far too early to give any definitive view on the effects of the UK electorate’s vote to leave the EU, or to offer a comprehensive analysis of the merits of...
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Defence form (Accelerated possession procedure) (Assured shorthold tenancy) where the property is located wholly or partly in England
County Court forms including the N1 money claim form.... ... (about receiving the prescribed information) is correct? ... No – what do you disagree with and why? ... Retaliatory eviction, energy performance ... certificate, gas safety records and ‘How to Rent’ ... Do you agree that what is said in section 15 of the claim form ... (about ... ...
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Claim possession of a property located wholly in England (accelerated procedure)
County Court forms including the N1 money claim form.... ... and who requires vacant possession to sell the property under an ... existing power of sale? ... Was a valid energy performance certificate given, free of charge, to ... the Defendant? ... Yes, the Defendant was given the certificate on ... You must attach a copy ... ...