ICLR Case Reports and Summaries - last 7 days

PLANNING — Development — Planning permission — Inspector allowing appeal against refusal of planning permission for development within Green Belt near designated national landscape — Inspector finding proposed development site “grey belt” land within meaning of national planning policy — Whether inspector misinterpreting definition of “grey belt” — Whether application of definit...

ENVIRONMENT — Protection — Wild birds — Austrian local government department approving road construction project including measures to protect local wild bird species — Court-appointed experts stating that measures if implemented would avoid any significant disturbing effects on species concerned — Applicant environmental groups disputing experts’ assessments — Whether measures ...

DISCRIMINATION — Disability — Employment — Claim for indirect discrimination and failure to make adjustments — Whether tribunal erred in conflating question of justification for indirect discrimination with requirement for reasonable adjustments — Equality Act 2010 (c 15), ss 19, 20

EQUITY — Fiduciary duty — Breach — Claimants retaining defendant company to advise on investment portfolio — Claimants alleging defendant breaching freestanding fiduciary duty by failing to disclose all information relevant to claimants’ affairs — Whether fiduciaries under discrete positive duty of disclosure

COMPANY — Winding up — “Just and equitable” — Contributory petitioner applying for winding up of Manx company on just and equitable grounds — Previous litigation between contributories conducted in Isle of Man — Opposing contributory contending that petitioner unreasonably failing to pursue alternative remedies in Isle of Man — Whether winding up petition by contributory to be t...