State Aid in UK Law

Leading Cases
  • R v A (No 2)
    • House of Lords
    • 17 Mayo 2001

    In accordance with the will of Parliament as reflected in section 3 it will sometimes be necessary to adopt an interpretation which linguistically may appear strained. The techniques to be used will not only involve the reading down of express language in a statute but also the implication of provisions. A declaration of incompatibility is a measure of last resort. It must be avoided unless it is plainly impossible to do so.

  • Sky Blue Sports & Leisure Ltd and Others v Coventry City Council Arena Coventry Ltd and Another (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 30 Junio 2014

    The Council is responsible for the local government of its area and those who live in it, to which it owes substantial duties. For any decision it makes, it is likely to begin with its political objectives and aspirations. It is entitled – if not bound – to have continuing regard to its policies in that regard. Even when, in pursuing its objectives, it considers entering the commercial arena, it is fully entitled to take into account its political agenda.

  • R (Professional Contractors Group Ltd) v Commissioners of Inland Revenue
    • Court of Appeal (Civil Division)
    • 21 Diciembre 2001

    But the aim of both the tax and the NIC provisions (an aim which they may be expected to achieve) is to ensure that individuals who ought to pay tax and NIC as employees cannot, by the assumption of a corporate structure, reduce and defer the liabilities imposed on employees by the United Kingdom's system of personal taxation.

  • R v Secretary of State for Foreign Affairs, ex parte World Development Movement Ltd
    • Queen's Bench Division (Administrative Court)
    • 10 Noviembre 1994

    Leaving merits aside for a moment, there seem to me to be a number of factors of significance in the present case: the importance of vindicating the rule of law, as Lord Diplock emphasised at 644E; the importance of the issue raised, as in ex parte Child Poverty Action Group and Others; the likely absence of any other responsible challenger, as in ex parte Child Poverty Action Group and Others and ex parte Greenpeace Ltd; the nature of the breach of duty against which relief is sought (See per Lord Wilberforce at 630D in ex parte National Federation of the Self-Employed and Small Businesses Ltd); and the prominent role of these Applicants in giving advice, guidance and assistance with regard to aid (See ex parte Child Poverty Action Group and Others at 1048J).

  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 Mayo 2001

    First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.

  • R (Westminster City Council) v National Asylum Support Service
    • House of Lords
    • 17 Octubre 2002

    Insofar as the Explanatory Notes cast light on the objective setting or contextual scene of the statute, and the mischief at which it is aimed, such materials are therefore always admissible aids to construction. Used for this purpose Explanatory Notes will sometimes be more informative and valuable than reports of the Law Commission or advisory committees, Government green or white papers, and the like.

  • R v Secretary of State for Home Affairs, ex parte Hosenball
    • Court of Appeal (Civil Division)
    • 29 Marzo 1977

    They are rules of practice laid down for the guidance of immigration officers and tribunals who are entrusted with the administration of the Act. They can be, and often are, prayed in aid by applicants before the courts in immigration cases. But they are not rules in the nature of delegated legislation so as to amount to strict rules of law.

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