H.J. Banks & Co. Ltd v Coal Authority & Anor

(Transcript of the Handed Down Judgment of Smith Bernal Reporting Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Mark Hoskins (instructed by Eversheds, Dean Street, Newcastle) for the Appellant David Vaughan Q.C. and David Lloyd Jones Q.C. (instructed by Sally Brook Shanahan, The Solicitor, The Coal Authority, 200 Lichfield Lane, Mansfield, Notts., NG18 4RG) for the Coal Authority Richard Plender Q.C. and Aidan Robertson (instructed by the Treasury Solicitor) for the Secretary of State ____________________

On 1 st November 1994 the Commission issued its decision approving the privatisation proposals as being compatible with the objectives of its earlier Decision 3632/93 and with the proper functioning of the Common Market. On 21 st December 1994 the Commission approved the acquisition by R.J.B. Mining of the share capital of the successor companies for which it had bid. On 4 th May 1995 the Commission responded to NALOO�s complaint and concluded by saying:-

In answer to a further query from NALOO�s solicitors, the Commission, in a letter dated 14 th July 1995, clarified the response that it had given in its letter of 4 th May 1995.

By the time the matter had reached Tuckey J., Banks had abandoned its claim for the declaration that the Secretary of State had acted unlawfully in the exercise of his powers under the 1994 Act.