Locus Standi in UK Law
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Alipour v Ary
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The vast majority of petitions to wind up a company are creditors' petitions. The Companies Court procedure on such petitions is ill-equipped to deal with the resolution of disputes of fact. There are no pleadings, there is no discovery and there is no oral evidence normally tolerated on such petitions, even though no doubt pleadings and discovery could be ordered and oral evidence received, and the Companies Court like any other court is perfectly capable of determining such disputes.
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R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
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F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
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It would, however, be inconsistent with the doctrine of ultra vires as it has been developed in English law as a means of controlling abuse of power by the Executive arm of Government if the judgment of a court in proceedings properly constituted that a statutory instrument was ultra vires were to have any lesser consequence in law than to render the instrument incapable of ever having had any legal effect upon the rights or duties of the parties to the proceedings ( c.f. Ridge v. Baldwin [1964] A.C. 40).
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Re Bayoil SA
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It is founded on the petitioner's inability to establish the locus standi to present a petition under what is now section 124(1) of the Insolvency Act 1986. The case of an undisputed debt with a genuine and serious cross claim is different, in that the dismissal or staying of the petition can only be a matter for the discretion of the court, albeit that its exercise may have been narrowed by authority.
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Gouriet v Union of Post Office Workers
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Arsenal Football Club Ltd v Ende
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Uniformity and fairness have always been proclaimed, and judicially approved, as standards by which to judge the validity of rates. Indeed I believe that many men feel a more acute sense of grievance if they think they are being treated unfairly in relation to their fellow ratepayers than they do about the actual payments they have to make. To produce a sense of justice is an important objective of taxation policy.
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Deloitte & Touche AG v Christopher D. Johnson and Another
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Where the court is asked to exercise a statutory power, therefore, the applicant must show that he is a person qualified to make the application. He must also show that he is a proper person to make the application. It means that he has a legitimate interest in the relief sought.
- Railway and Canal Traffic Act 1888
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Wirral Railway Transfer Act 1889
... ... and the powers and privileges hereby agreed to shall not confer any locus standi on either of the three Companies to oppose any Bill in Parliament ... ...
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Private Legislation Procedure (Scotland) General Order, 1952
... ... shall report specially whether they have determined to sustain the locus standi of any person who has not in the manner and within the time ... ...
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Private Legislation Procedure (Scotland) Act 1899
... ... (2.) Commissioners shall hear and determine any question of ... locus standi, but they shall not sustain the locus standi of any person ... who ... ...
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Locus Standi of Private Applicants under the Article 230 EC Action for Annulment: Any Lessons to Be Learnt from France?
This article examines the rules on locus standi of private applicants under the Article 230 action for annulment of the EC Treaty. It adopts a comparative approach to the question of standing of pr...
- LOCUS STANDI IN ACTIONS FOR A DECLARATION
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- Ensuring Environmental Accountability in Nigeria through the Liberalisation of the Locus Standi Rule: Lessons from some Selected Jurisdictions
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Hybrid Bills
... ... then, they have no absolute right to be heard as what are known as 'locus standi' rules, many dating from the Victorian era, mean that only those ... ...
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Takeover Panel Consultation - Higher Profile For Pension Scheme Trustees?
... ... historically intervened in the bid process, they have had no formal locus standi or framework within which to do so. If the Takeover Code is amended ... ...
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United Kingdom: Whether 'Appellant' Includes A Non-Party To First Instance Proceedings
... ... proceedings has the locus standi to appeal a first instance ... decision to a higher court ... ...
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Did You See? You May Have Missed Global 100 Ltd v Laleva [2021] EWCA Civ 1835, 3 December 2021
... ... Possession claims; test under CPR r.55.8(2); tenancy or licence, locus ... standi; estoppel ... NHS Property Services Ltd ("NHS") are the owners ... ...