Case Summaries: 16 November 1998

THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.

Criminal evidence

R v Taylor and anor; CA (Crim Div) (Judge LJ, Sedley, Maurice Kay JJ) 27 Oct 1998.

It should be the standard national practice, where reliance was placed on a witness turning Queen's evidence, for the prosecution to offer to disclose the witness's convictions to the jury at the start of the trial, unless the defence invited them to do otherwise. A submission that the admission of those convictions prejudiced the witness, and the defendant by association, would not be accepted, as a professional criminal could otherwise set a premium on having a large number of convictions, and, in the belief that evidence of his convictions would not be admitted, feel free to impugn prosecution witnesses.

Freddy Apfel (Registrar of Ciminal Appeals) for the appellant; Brian E. Jones (Registrar of Criminal Appeals) for the co-accused; Tim Clayton (CPS) for the Crown.

Costs

Mainwaring and anor v Goldtech Investments Ltd; CA (Peter Gibson, Pill, Mummery LJJ) 30 Oct 1998.

Where two orders for costs providing for costs to be taxed if not agreed had been made against M and L jointly and severally, and the taxation proceedings and certificates as against L had been set aside because the bills had not been served on him, the costs were also disallowed against M. The effect of disallowing the costs against L under RSC Ord 62 r 28(4), combined with the operation of the common law rule with respect to a joint debt, meant that once L had been released by order of the court, M was also released from liability. Upon a nil taxation in accordance with the rules, the joint debt created by the order ceased to exist.

M in person, and as a Mackenzie friend for L; Peter Sheridan QC (SJ Berwin & Co) for the defendants' solicitors; Jeremy Morgan (Treasury Solicitor) as amicus curiae.

Statutory nuisance

Pearshouse v Birmingham CC; QBD (Div Ct) (Bingham LCJ, Collins J) 4 Nov 1998.

Since s 82 of the Environmental Protection Act 1990 was intended to provide a simple procedure for the private citizen to obtain redress if a statutory nuisance under s 79(1)(a) of the Act existed at the premises he occupied, unnecessary technicalities were not to be imposed. For the purposes of a notice served under s 82(6), any errors or any indication that it might not contain an exhaustive list of the defects complained of would not invalidate that notice because it was not for the tenant to prejudge the matter, but merely to draw to his landlord's attention what was troubling him.

Stephen Knafler (Graham Pearce & Co, Solihull) for the appellant; Philip Coppel (Legal Services, Birmingham City Council) for the respondent.

Contingency fees

Hughes v Kingston upon Hull CC; QBD (Div Ct) (Rose LJ, Mitchell J) 9 Nov 1998.

Once a magistrate had found that a contingency fee arrangement existed between a complainant and his solicitor, he was right to declare that the complainant was unable to seek an order for costs pursuant to s 82(12) of the Environmental Protection Act 1990. It was clear from the case of Swain v Law Society [1982] 2 All ER 827, which had not been cited to the court in Thai Trading Co v Taylor [1998] 3 All ER 65, that r 8(1) of the Solicitors Rules 1990 had the force of law, and that it precluded solicitors from entering into any arrangement to receive a fee payable only in the event of success.

Valerie Easty (Sydney Mitchell, Birmingham) for the appellant; James Findlay (Town Clerk, Kingston upon Hull CC) for the respondent.

Compulsory winding up

Re Inside Sport Ltd; Ch Div (Lightman J) 2 Nov 1998.

Where there was an ongoing voluntary liquidation and the main dispute between the parties was the identity of the person appointed as voluntary liquidator, the court should, when deciding whether to grant a petitioning creditor's application for a compulsory winding up order, bear in mind the alternative remedy of an application under s 171 of the Insolvency Act 1986 for the appointment of a fresh voluntary liquidator.

Hilary Stonefrost (Dibb Lupton Alsop) for the petitioner; Edward Francis (Wansbroughs Willey Hargrave) for the opposing creditors.

Arts and Entertainment
The crowd enjoy Latitude Festival 2014

music
Arts and Entertainment
'I do think a woman's place is eventually in the home, but I see no harm in her having some fun before she gets there.'

Is this the end of the Dowager Countess?tv
Arts and Entertainment
Chris Martin of Coldplay performs live for fans at Enmore Theatre on June 19, 2014 in Sydney, Australia. (Photo by Mark Metcalfe/Getty Images)

music
Arts and Entertainment
Keith from The Office ten years on

tv
Arts and Entertainment
Maisie Williams prepares to enter the House of Black and White as Arya Stark in Game of Thrones season five

tv
Have you tried new the Independent Digital Edition apps?
Arts and Entertainment

ebooksNow available in paperback
Arts and Entertainment

ebooks
Arts and Entertainment
Taylor Swift won Best International Solo Female (Getty)

Brits 2015
Arts and Entertainment
Shining star: Maika Monroe, with Jake Weary, in ‘It Follows’
film review
Arts and Entertainment

Brits 2015
Arts and Entertainment
Paloma Faith arrives at the Brit Awards (Getty)

Brits 2015
Arts and Entertainment
Anne Boleyn's beheading in BBC Two's Wolf Hall

TV review
Arts and Entertainment
Follow every rainbow: Julie Andrews in 'The Sound of Music'
film Elizabeth Von Trapp reveals why the musical is so timeless
Arts and Entertainment
Bytes, camera, action: Leehom Wang in ‘Blackhat’
film
Arts and Entertainment
The Libertines will headline this year's festival
music
Arts and Entertainment
Richard Dean Anderson in the original TV series, which ran for seven seasons from 1985-1992
tv
Arts and Entertainment
Muscling in: Noah Stewart and Julia Bullock in 'The Indian Queen'

opera
Arts and Entertainment
Olivia Colman and David Tennant star in 'Broadchurch'

TVViewers predict what will happen to Miller and Hardy
Arts and Entertainment
Kevin Spacey and Robin Wright in season two of the series

Watch the new House of Cards series three trailer

TV
Arts and Entertainment
An extract from the sequel to Fight Club

books
Arts and Entertainment
David Tennant, Eve Myles and Olivia Colman in Broadchurch series two

TV Review
Arts and Entertainment
Old dogs are still learning in 'New Tricks'

TV
Arts and Entertainment
'Tonight we honour Hollywood’s best and whitest – sorry, brightest' - and other Neil Patrick Harris Oscars jokes

Oscars 2015It was the first time Barney has compered the Academy Awards

Arts and Entertainment
Patricia Arquette making her acceptance speech for winning Best Actress Award

Oscars 2015 From Meryl Streep whooping Patricia Arquette's equality speech to Chris Pine in tears

Arts and Entertainment

Oscars 2015 Mexican filmmaker uses speech to urge 'respect' for immigrants

Arts and Entertainment
Lloyd-Hughes takes the leading role as Ralph Whelan in Channel 4's epic new 10-part drama, Indian Summers

TV Review

The intrigue deepens as we delve further but don't expect any answers just yet
Arts and Entertainment
Jason Segal and Cameron Diaz star in Sex Tape

Razzies 2015 Golden Raspberry Awards 'honours' Cameron Diaz and Kirk Cameron

Latest stories from i100
Have you tried new the Independent Digital Edition apps?

ES Rentals

    Independent Dating
    and  

    By clicking 'Search' you
    are agreeing to our
    Terms of Use.

    Syrian conflict is the world's first 'climate change war', say scientists, but it won't be the last one

    Climate change key in Syrian conflict

    And it will trigger more war in future
    How I outwitted the Gestapo

    How I outwitted the Gestapo

    My life as a Jew in wartime Berlin
    The nation's favourite animal revealed

    The nation's favourite animal revealed

    Women like cuddly creatures whilst men like creepy-crawlies
    Is this the way to get young people to vote?

    Getting young people to vote

    From #VOTESELFISH to Bite the Ballot
    Poldark star Heida Reed: 'I don't think a single bodice gets ripped'

    Poldark star Heida Reed

    'I don't think a single bodice gets ripped'
    The difference between America and Israel? There isn’t one

    The difference between America and Israel? There isn’t one

    Netanyahu knows he can get away with anything in America, says Robert Fisk
    Families clubbing together to build their own affordable accommodation

    Do It Yourself approach to securing a new house

    Community land trusts marking a new trend for taking the initiative away from developers
    Head of WWF UK: We didn’t send Cameron to the Arctic to see green ideas freeze

    David Nussbaum: We didn’t send Cameron to the Arctic to see green ideas freeze

    The head of WWF UK remains sanguine despite the Government’s failure to live up to its pledges on the environment
    Author Kazuo Ishiguro on being inspired by shoot-outs and samurai

    Author Kazuo Ishiguro on being inspired by shoot-outs and samurai

    Set in a mythologised 5th-century Britain, ‘The Buried Giant’ is a strange beast
    With money, corruption and drugs, this monk fears Buddhism in Thailand is a ‘poisoned fruit’

    Money, corruption and drugs

    The monk who fears Buddhism in Thailand is a ‘poisoned fruit’
    America's first slavery museum established at Django Unchained plantation - 150 years after slavery outlawed

    150 years after it was outlawed...

    ... America's first slavery museum is established in Louisiana
    Kelly Clarkson: How I snubbed Simon Cowell and become a Grammy-winning superstar

    Kelly Clarkson: How I snubbed Simon Cowell and become a Grammy-winning superstar

    The first 'American Idol' winner on how she manages to remain her own woman – Jane Austen fascination and all
    Tony Oursler on exploring our uneasy relationship with technology with his new show

    You won't believe your eyes

    Tony Oursler's new show explores our uneasy relationship with technology. He's one of a growing number of artists with that preoccupation
    Ian Herbert: Peter Moores must go. He should never have been brought back to fail again

    Moores must go. He should never have been brought back to fail again

    The England coach leaves players to find solutions - which makes you wonder where he adds value, says Ian Herbert
    War with Isis: Fears that the looming battle for Mosul will unleash 'a million refugees'

    The battle for Mosul will unleash 'a million refugees'

    Aid agencies prepare for vast exodus following planned Iraqi offensive against the Isis-held city, reports Patrick Cockburn