Gas in UK Law

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Leading Cases
  • Foster and Others v British Gas (Case C-188/89)
    • House of Lords
    • 18 April 1991

    If the B.G.C. were allowed to escape the consequences of an admitted breach of the equal treatment Directive the state would be taking advantage of its own failure to comply with Community law. Similarly, I can see no justification for a narrow or strained construction of the ruling of the European Court of Justice which applies to a body which has "special powers beyond those which result from the normal rules applicable in relations between individuals."

  • Friends of the Earth Ltd and Another v North Yorkshire County Council Third Energy Uk Gas Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 20 December 2016

    The application for planning permission did not include any development at Knapton. Paragraph 122 of the National Planning Policy Framework ("NPPF") advises planning authorities that they should focus on whether the development is an acceptable use of land, rather than on control of processes or emissions where these are subject to approval under pollution control regimes, and it should be assumed that those regimes will operate effectively.

  • Centrica Plc and another v Premier Power Ltd
    • Queen's Bench Division (Commercial Court)
    • 19 January 2007

    Mr. McCaughran on a number of occasions submitted that "the purpose" of the provisions relating to the Transmission Charges was to allow the seller to recover "costs of and associated with the transportation of gas to Ballylumford". I accept that Clause 2.1(b) of the GSA envisaged that the buyer would pay "a charge for the costs of … gas transportation along the Pipeline" (my emphasis), which suggests that such charge will cover all the costs of transportation.

    The factual matrix evidence that shows this was the following. The GSA was, as I have already said, based upon the standard form of LTI contract in use in 1992, namely LTI3. Under this form of contract, all purchasers of gas from British Gas paid the same commodity prices. The provisions of Annex 5 were specifically negotiated to cover the additional costs of transporting the gas from Great Britain to Ballylumford.

  • Lloyde v West Midlands Cas Board
    • Court of Appeal (Civil Division)
    • 12 March 1971

    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.

  • Griffiths v Smith
    • House of Lords
    • 12 December 1940

    When a citizen boards such a car, in one sense he makes, by paying a fare, a contract; but the boarding of the car, the payment of the fare, and the charging of the corporation with the responsibility for safe carriage are all matters of right on the part of the passenger, a public right of carriage which he shares with all his fellow citizens, correlative to the public duty which the corporation owes to all … But where the right of the individual cannot be correlated with a statutory or public duty to the individual, the foundation of the relations of parties does not lie in anything but a private bargain which it was open for either the municipality or the individual citizen, consumer, or customer to enter into or to decline."

  • Total Gas Marketing Ltd v Arco British Ltd
    • House of Lords
    • 20 May 1998

    I agree with Mr. Pollock that is important to keep promissory and contingent conditions separate but in my opinion there is a common factor. If the provision in an agreement is of fundamental importance then the result either of a failure to perform it (if it is promissory) or of the event not happening or the act not being done (if it is a contingent condition or a condition precedent or a condition subsequent) may be that the contract either never comes into being or terminates.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter EAIG5700
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
  • Chapter HCOGAS400400
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
  • Chapter OT05135
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
  • Chapter OT05416
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
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