High Speed 2, Hybrid Bills and Environmental Impact Assessment – Thirty Nine Essex Street

‘This paper considers the hybrid bill process, as occasionally used to promote major infrastructure projects, and how this interacts with the Environmental Impact Assessment regime. In particular it deals with the current High Speed Rail (London – West Midlands) Bill, which is seeking powers to build and operate Phase I of the High Speed 2 railway (“the HS2 Bill”).’

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Thirty Nine Essex Street, May 2014

Source: www.39essex.com

Abuse of dominance: no commercial gain, no abuse? – Competition Bulletin from Blackstone Chambers

Posted February 11th, 2014 in competition, news, transport by tracey

‘Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive? No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport Operations Ltd [2014] EWHC 64 (Ch).’

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Competition Bulletin from Blackstone Chambers, 10th February 2014

Source: www.competitionbulletin.com

Tube strikes – should the law be changed? – Halsbury’s Law Exchange

‘We asked the business lobbying group CBI, the Institute of Directors (IOD) and Trade Union lawyer Richard Arthur for their views on reform of this prickly area of law.’

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Halsbury’s Law Exchange, 7th February 2014

Source: www.halsburyslawexchange.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

London transport’s ban on anti-gay ad put in doubt by court of appeal – The Guardian

‘A London transport ban on a Christian charity’s posters suggesting gay people can “move out of homosexuality” has been put in doubt by a court of appeal judgment that ordered an investigation into whether the mayor, Boris Johnson, acted “for an improper purpose”.’

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The Guardian, 27th January 2014

Source: www.guardian.co.uk

Theresa Villiers did not break ministerial code report finds – BBC News

Posted December 19th, 2013 in codes of practice, lobbying, ministers' powers and duties, news, reports, transport by tracey

‘Northern Ireland Secretary Theresa Villiers did not breach the ministerial code over a meeting with a lobbyist, an internal No 10 report has found. She had faced allegations that, as a transport minister, she failed to declare a meeting with a representative of a firm seeking to build a railway depot in the Hertfordshire green belt. But a report by the Cabinet Secretary Sir Jeremy Heyward has cleared her.’

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BBC News, 18th December 2013

Source: www.bbc.co.uk

Court to rule on wheelchairs or pushchairs to have priority on public transport – Daily Telegraph

Posted December 5th, 2013 in appeals, children, disabled persons, news, transport by sally

‘One of the most senior judges in Britain has ruled that the Appeal Court needs to intervene in a long running dispute over whether wheelchair users or pushchair users should have priority on buses’

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Daily Telegraph, 4th December 2013

Source: www.telegraph.co.uk

Judge astonished only 12 hours between ‘bottle and throttle’ for pilots – Daily Telegraph

Posted November 22nd, 2013 in aircraft, alcohol abuse, news, sentencing, transport by tracey

‘An experienced pilot who was found to be more than three times the permitted alcohol level as he was about to fly an Airbus with 156 people on board to Pakistan has been jailed for nine months. he judge sentencing Irfan Faiz, 55, said it was ”extraordinary” that the rules in Pakistan only stated that there should be a 12-hour gap between ”bottle and throttle”, no matter how much the pilot had drunk.’

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Daily Telegraph, 22nd November 2013

Source: www.telegraph.co.uk

New legal battle over gay adverts on London buses – Daily Telegraph

Posted October 17th, 2013 in advertising, homosexuality, news, transport by sally

“Transport chiefs in London have been accused of reopening a bitter row over homosexuality which saw Boris Johnson step in to ban advertisements on London buses promoting the idea that gay people could be ‘cured’.”

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Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Special Educational Needs and School Transport – 11 KBW

Posted April 8th, 2013 in news, special educational needs, transport, Wales by sally

“In this paper, I intend to cover the following areas:-
(1) An update on reform to the special educational needs regime
(2) Case law update on recent special educational needs cases
(3) School transport.”

Full story (PDF)

11 KBW, 3rd April 2013

Source: www.11kbw.co.uk

Ban on ‘ex-gay, post-gay and proud’ bus advert criticised but lawful – UK Human Rights Blog

Posted March 26th, 2013 in advertising, complaints, homosexuality, news, transport by sally

“In a judgment which is sure to provoke heated debate, the High Court has today ruled that the banning of an advert which read ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’ from appearing on London buses was handled very badly by Transport for London (‘TfL’) but was not unlawful or in breach of the human rights of the group behind the advert.”

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UK Human Rights Blog, 23rd March 2013

Source: www.ukhumanrightsblog.com

‘Ex-gay’ London bus advert ban ruled lawful – BBC News

Posted March 22nd, 2013 in advertising, homosexuality, news, transport by sally

“A ban on a Christian group’s proposed bus advert suggesting gay people could be helped to change their sexuality has been ruled as lawful.”

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BBC News, 22nd March 2013

Source: www.bbc.co.uk

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH – WLR Daily

Posted November 21st, 2012 in compensation, EC law, enforcement, insurance, jurisdiction, law reports, transport by sally

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH (Case C-456/11); [2012] WLR (D) 329

“On the proper interpretation of articles 32 and 33 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p 1), the court of a member state in which recognition was sought of a judgment by which a court of another member state had declined jurisdiction on the basis of a jurisdiction clause was bound by the finding—declaring the action inadmissible—regarding the validity of that judgment.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk

OFT launches review into price of petrol – The Independent

Posted September 5th, 2012 in competition, consumer protection, news, transport by sally

“The Office of Fair Trading today launched a review into whether reductions in the price of crude oil are being passed on to motorists.”

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The Independent, 5th September 2012

Source: www.independent.co.uk

Addison Lee taxi firm fails to overturn London bus lane ban – The Guardian

Posted July 11th, 2012 in competition, judicial review, news, road traffic, taxis, transport by tracey

“The Addison Lee taxi company is to take its battle to use London’s bus lanes to a higher court after it lost a judicial review of a ban on the tactic. The taxi firm, headed by millionaire Conservative party donor John Griffin, was hoping to overturn an April ruling in the high court that prevented its drivers from using bus lanes restricted to London buses and licensed black taxis.”

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The Guardian, 11th July 2012

Source: www.guardian.co.uk

Addison Lee boss could face prosecution for bus lane instruction – The Guardian

Posted May 22nd, 2012 in competition, news, road traffic, taxis, transport by sally

“The head of one of the UK’s biggest cab companies, Addison Lee, faces possible prosecution for instructing his drivers to ignore the law and use bus lanes in London.”

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The Guardian, 21st May 2012

Source: www.guardian.co.uk

Battle of the bus lanes: Addison Lee injuncted by High Court – UK Human Rights Blog

Posted May 4th, 2012 in freedom of expression, injunctions, news, taxis, transport by tracey

“Transport for London (TfL) have succeeded in their High Court application for an injunction restraining Addison Lee Taxis from encouraging drivers to use London bus lanes. Mr Justice Eder ruled that the injunction would not breach Addison Lee Chairman John Griffin’s free expression rights.”

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UK Human Rights Blog, 3rd May 2012

Source: www.ukhumanrightsblog.com


Taxi firm Addison Lee banned from telling drivers to use bus lanes – Daily Telegraph

Posted April 27th, 2012 in news, taxis, transport by tracey

“Addison Lee had instructed employees that they could make use of bus lanes marked for black taxis during the hours when restrictions apply. But following an application by Transport for London (TfL), the High Court banned the private hire company from repeating its offer to pay its drivers’ fines or other penalties.”

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Daily Telegraph, 26th April 2012

Source: www.telegraph.co.uk

London cab firm drivers told to defy bus lane law – The Guardian

Posted April 16th, 2012 in news, road traffic, taxis, transport by sally

“London’s biggest taxi company and Transport for London (TfL) are on collision course after the company’s chairman instructed his 4,000 drivers to defy the law and use bus lanes.”

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The Guardian, 16th April 2012

Source: www.guardian.co.uk

Alstom Transport v Eurostar International Ltd – WLR Daily

Posted January 25th, 2012 in contracts, EC law, law reports, public procurement, state aids, transport by sally

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4

“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk