de Minimis in UK Law

Leading Cases
  • Bonnington Castings Ltd v Wardlaw
    • House of Lords
    • 01 Mar 1956

    What is a material contribution must be a question of degree. A contribution which comes within the exception de minimis non curat lex is not material, but I think that any contribution which does not fall within that exception must be material. I do not see how there can be something too large to come within the de minimis principle but yet too small to be material.

  • White and Carter (Councils) Ltd v McGregor
    • House of Lords
    • 06 Dic 1961

    It may well be that, if it can be shown that a person has no legitimate interest, financial or otherwise, in performing the contract rather than claiming damages, he ought not to be allowed to saddle the other party with an additional burden with no benefit to himself. If a party has no interest to enforce a stipulation he cannot in general enforce it: so it might be said that if a party has no interest to insist on a particular remedy he ought not to be allowed to insist on it.

  • Williams (on Behalf of the Estate and Dependants of Michael Williams, Deceased) v University of Birmingham and Another
    • Court of Appeal (Civil Division)
    • 28 Oct 2011

    To determine that question, it seems to me the judge had to make findings about (1) the actual level of exposure to asbestos fibres to which Mr Williams was exposed; (2) what knowledge the University ought to have had in 1974 about the risks posed by that degree of exposure to asbestos fibres; (3) whether, with that knowledge, it was (or should have been) reasonably foreseeable to the University that, with that level of exposure, Mr Williams was likely to be exposed to asbestos related injury; (4) the reasonable steps that the University ought to have taken in the light of the exposure to asbestos fibres to which Mr Williams was exposed in fact; and (5) whether the University negligently failed to take the necessary reasonable steps.

  • Miah and Others v Secretary of State for the Home Department (No 1)
    • Court of Appeal (Civil Division)
    • 07 Mar 2012

    I first of all point out that the "Near-Miss" principle contended for is not the same as the de minimis principle. If a departure from a rule is truly de minimis, the rule is considered to have been complied with. The starting point for the Near-Miss argument is that the rule has not been complied with. In the present case, the failure to satisfy the requirement of 5 years' lawful residence as a work permit holder, by a period of some 2 months, was not de minimis.

  • R v Monopolies and Mergers Commission and Another ex parte South Yorkshire Transport Ltd and Others
    • House of Lords
    • 17 Dic 1992

    At the other, there is "nearly complete", as where someone says that he is in substantial agreement with what has just been said. The courts have repeatedly warned against the dangers of taking an inherently imprecise word, and by redefining it thrusting on it a spurious degree of precision.

  • McGhee v National Coal Board
    • House of Lords
    • 15 Nov 1972

    But it has often been said that the legal concept of causation is not based on logic or philosophy. It is based on the practical way in which the ordinary man's mind works in the every-day affairs of life. From a broad and practical viewpoint I can see no substantial difference between saying that what the defender did materially increased the risk of injury to the pursuer and saying that what the defender did made a material contribution to his injury.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Nov 2013

    It will usually be appropriate to start by considering the nature of the non-compliance with the relevant rule, practice direction or court order. If this can properly be regarded as trivial, the court will usually grant relief provided that an application is made promptly.

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Legislation
  • The Employment Allowance (Excluded Persons) Regulations 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ......Excluded persons: receipt of de minimis state aid(4F) A person cannot qualify for an employment allowance for a tax year if, were the person to receive the maximum employment allowance ......
  • The Corporation Tax (Carry Back of Losses: Temporary Extension) Regulations 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ...... (e) (e) list the members of the 2020 group; . (f) (f) list in respect of any 2020 de minimis claims made by any member of the 2020 group— . (i) the name of the company making the claim, and . (ii) the amount of the claim; . (g) (g) state ......
  • The Non-Domestic Rates (Restriction of Relief) (Scotland) Regulations 2021
    • Scotland
    • 1 de Enero de 2021
    ......(b)(b) relief or assistance given prior to 1 January 2021 that, at the time it was given, was de minimis aid within the meaning of—. (i) Commission Regulation (EU) No 1407/2013of 18 December 2013 on the application of Articles 107 and 108 of the ......
  • Finance Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ......SCH-2.6 . 6 . . (1) A non-de minimis 2020 claim may not be made by a company (whether or not it is a member of a 2020 group) at any time before 31 March 2021. . (2) A non-de minimis ......
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Books & Journal Articles
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Law Firm Commentaries
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