State Aid in UK Law

Leading Cases
  • 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 June 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 v A (No 2)
    • House of Lords
    • 17 May 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.

  • R (Professional Contractors Group Ltd) v Commissioners of Inland Revenue
    • Court of Appeal (Civil Division)
    • 21 December 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 November 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 (Westminster City Council) v National Asylum Support Service
    • House of Lords
    • 17 October 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 Teresa G and Others v The British Red Cross Society (Intervener) The Director of Legal Aid Casework and Another
    • Court of Appeal (Civil Division)
    • 15 December 2014

    It is true that the test for article 8 as it is stated in the Strasbourg jurisprudence (whether those affected have been involved in the decision-making process, viewed as a whole, to a degree sufficient to provide them with the requisite protection of their interests) differs from the test for article 6(1) (whether there has been effective access to court).

  • NATS (Services) Ltd v Gatwick Airport Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 12 November 2014

    They might be keen to break into a market or establish their market share. There is nothing wrong with that for them or for the utilities or contracting authorities, who are (almost) always keen to place contracts at the lowest price and, preferably, at lower than they have budgeted. One needs to consider how, commercially, a tenderer, which is not the incumbent provider or not the market leader, will ever get a contract unless it puts in attractively low prices.

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Books & Journal Articles
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Law Firm Commentaries
  • Changes to State Aid Rules
    • LexBlog United Kingdom
    In these extraordinary times, economies around the World including Member States are pumping money into their economies.  Businesses and whole sectors are crying out for special support.  State sup...
  • UK government publishes “no-deal” state aid notice
    • LexBlog United Kingdom
    On 23 August 2018, the UK government published a  notice, committing the UK to a continued application of state aid rules even in the event of no deal being agreed with the EU on the UK’s withdrawa...
  • “No Deal” Brexit and the UK State Aid Regime (Part 2)
    • LexBlog United Kingdom
    On 21 January 2019, the UK government published its draft statutory instrument on State aid, outlining the changes to the UK State aid regime in the event of a no deal Brexit. Its publication comes...
  • UK Plans to Maintain State Aid Regime Post-Brexit
    • JD Supra United Kingdom
    On August 20, 2018, the U.K. government published further details of its negotiation position with the European Union on state aid post-Brexit. Three days later, it published guidance on state aid ...
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