Case Summaries: 22 November 1999

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


Playhut Inc v Spring Form Inc; Ch D (Laddie J) 8 Oct 1999.

AN INVENTOR was not prevented by the Patents Act 1977 from widening out the claims of his invention between the filing of his application for a patent and its grant. The prohibition on widening the scope of the claims in s 76(2) of the Act was expressly limited to widening amendments made after the grant.

Michael Silverleaf QC (Halliwell Landau) for S; Mark Platts-Mills QC, Douglas Campbell (Needham & Grant) for P.


South Kesteven District Council v Mackie and ors; CA (Simon Brown, Waller, Tuckey LJJ) 12 Oct 1999.

THE DEFINITION of circus in s 7(4) of the Dangerous Wild Animals Act 1976 was capable of including the winter quarters of the circus and there was, therefore, no requirement for the circus owner to be licensed under the Act when keeping his dangerous animals in winter quarters.

Peter Dean (Langleys, Lincoln) for the appellants; Russell Harris (Sharpe Pritchard & Co) for the council.


Comninos v Prudential Assurance Ltd; CA (Simon Brown, Waller, Tuckey LJJ) 12 Oct 1999.

THE ENGLISH court had jurisdiction where a summons had been issued under s 51 of the Supreme Court Act 1981 to decide whether a party not domiciled within the jurisdiction had such a connection with proceedings pending in the English court that he should pay the costs although he was not named as a party. If the non-party was domiciled in a Brussels Convention country, the convention did not prevent the English court from exercising its jurisdiction under s 51 of the 1981 Act.

Alexander Layton QC, Lucy Wyles (Waterson Hicks) for the appellant; Robert Hildyard QC, Anna Markham (Ince & Co) for the respondent.


Lister and ors v Hesley Hall Ltd; CA (Swinton Thomas, Waller LJJ, Jonathan Parker J) 7 Oct 1999.

THE OWNER and manager of a residential school was not vicariously liable for sexual and physical assaults on pupils carried out by a housemaster at the school, since although the housemaster was in breach of of the duties he owed to the boys in his care, his actions were outside the course of his employment.

Andrew Collender QC, Andrew Miller (Wansbroughs Willey Hargrave, Leeds) for the defendant; Richard Maxwell QC, Rosalind Coe (Last Cawthra Feather, Shipley) for the claimants.


Houghton v Liverpool City Council; QBD, Div Ct (Laws LJ, Potts J) 8 Oct 1999.

AN EXTRACT from the Trade Marks Register produced by a computer was admissible in evidence as a self-proving statement under Sch 3, para 8(c) to the Police and Criminal Act 1984. If it were not to be treated as computer- generated material, since it was plain from s 63 of the Trade Marks Act 1994 that the register was a public document, it would be admissible under s 1 of the Evidence Act 1845 and s 14 of the Evidence Act 1851 as self- proving.

Stuart Mills (Moore, Sexton Bibby, Liverpool) for the appellant; Neil Flewitt (Timothy Date, Liverpool) for the prosecution.


Lineham v DPP; QBD, Div Ct (Laws LJ, Potts J) 4 Oct 1999.

WHERE A police officer with authorisation under s 18(4) of the Police and Criminal Evidence Act 1984 proposed to enter premises by force, the provisions of para 5 of Code B of the Codes of Practice made pursuant to the Act contemplated, at the very least, that he was obliged to explain to the occupier his reason for so doing.

Peter Codner (Ranga & Co) for the appellant; C. Lewis (CPS) for the prosecution.


Fuller v Evans and ors; Ch D (Lightman J) 7 Oct 1999.

WHERE THE exercise of trustees' discretionary power to provide trust moneys for the maintenance and education of the beneficiaries under a trust would indirectly benefit the settlor by relieving him of obligations under a consent order made on his divorce, and the trust expressly provided that the settlor should not benefit from the trust, the trustees were not necessarily precluded from exercising their power if it was in the best interests of the beneficiaries.

Francesca Quint (Thrings & Long) for the settlor; William V. Norris (Stone King) for the trustees.

Suggested Topics
Arts and Entertainment
Nick Hewer is to leave The Apprentice after 10 years

TV review Nick Hewer, the man whose eyebrows speak a thousand words, is set to leave The Apprentice

Arts and Entertainment
Female fans want more explicit male sex in Game of Thrones, George R R Martin says

film George RR Martin owns a cinema in Santa Fe

Arts and Entertainment
Clued up: John Lynch and Gillian Anderson in ‘The Fall’

TV review

Arts and Entertainment
The Baker (James Corden) struggles with Lilla Crawford’s Little Red Riding Hood

film...all the better to bamboozle us
Arts and Entertainment
English: Romantic Landscape

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

ebooksNow available in paperback
Arts and Entertainment

Arts and Entertainment
Mark, Katie and Sanjay in The Apprentice boardroom
Arts and Entertainment

Film The critics but sneer but these unfashionable festive films are our favourites

Arts and Entertainment
Frances O'Connor and James Nesbitt in 'The Missing'

TV We're so close to knowing what happened to Oliver Hughes, but a last-minute bluff crushes expectations

Arts and Entertainment
Joey Essex will be hitting the slopes for series two of The Jump


Who is taking the plunge?
Arts and Entertainment
Katy Perry as an Ancient Egyptian princess in her latest music video for 'Dark Horse'

Arts and Entertainment
Dame Judi Dench, as M in Skyfall

Arts and Entertainment
Morrissey, 1988

Arts and Entertainment
William Pooley from Suffolk is flying out to Free Town, Sierra Leone, to continue working in health centres to fight Ebola after surviving the disease himself

Arts and Entertainment
The Newsroom creator Aaron Sorkin

Arts and Entertainment
Matt Berry (centre), the star of Channel 4 sitcom 'Toast of London'

TVA disappointingly dull denouement
Arts and Entertainment
Tales from the cryptanalyst: Benedict Cumberbatch in 'The Imitation Game'

Arts and Entertainment
Pixie Lott has been voted off Strictly Come Dancing 2014

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

ES Rentals

    Independent Dating

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

    Homeless Veterans appeal: 'You look for someone who's an inspiration and try to be like them'

    Homeless Veterans appeal

    In 2010, Sgt Gary Jamieson stepped on an IED in Afghanistan and lost his legs and an arm. He reveals what, and who, helped him to make a remarkable recovery
    Could cannabis oil reverse the effects of cancer?

    Could cannabis oil reverse effects of cancer?

    As a film following six patients receiving the controversial treatment is released, Kate Hilpern uncovers a very slippery issue
    The Interview movie review: You can't see Seth Rogen and James Franco's Kim Jong Un assassination film, but you can read about it here

    The Interview movie review

    You can't see Seth Rogen and James Franco's Kim Jong Un assassination film, but you can read about it here
    Serial mania has propelled podcasts into the cultural mainstream

    How podcasts became mainstream

    People have consumed gripping armchair investigation Serial with a relish typically reserved for box-set binges
    Jesus Christ has become an unlikely pin-up for hipster marketing companies

    Jesus Christ has become an unlikely pin-up

    Kevin Lee Light, aka "Jesus", is the newest client of creative agency Mother while rival agency Anomaly has launched Sexy Jesus, depicting the Messiah in a series of Athena-style poses
    Rosetta space mission voted most important scientific breakthrough of 2014

    A memorable year for science – if not for mice

    The most important scientific breakthroughs of 2014
    Christmas cocktails to make you merry: From eggnog to Brown Betty and Rum Bumpo

    Christmas cocktails to make you merry

    Mulled wine is an essential seasonal treat. But now drinkers are rediscovering other traditional festive tipples. Angela Clutton raises a glass to Christmas cocktails
    5 best activity trackers

    Fitness technology: 5 best activity trackers

    Up the ante in your regimen and change the habits of a lifetime with this wearable tech
    Paul Scholes column: It's a little-known fact, but I have played one of the seven dwarves

    Paul Scholes column

    It's a little-known fact, but I have played one of the seven dwarves
    Fifa's travelling circus once again steals limelight from real stars

    Fifa's travelling circus once again steals limelight from real stars

    Club World Cup kicked into the long grass by the continued farce surrounding Blatter, Garcia, Russia and Qatar
    Frank Warren column: 2014 – boxing is back and winning new fans

    Frank Warren: Boxing is back and winning new fans

    2014 proves it's now one of sport's biggest hitters again
    Jeb Bush vs Hillary Clinton: The power dynamics of the two first families

    Jeb Bush vs Hillary Clinton

    Karen Tumulty explores the power dynamics of the two first families
    Stockholm is rivalling Silicon Valley with a hotbed of technology start-ups

    Stockholm is rivalling Silicon Valley

    The Swedish capital is home to two of the most popular video games in the world, as well as thousands of technology start-ups worth hundreds of millions of pounds – and it's all happened since 2009
    Did Japanese workers really get their symbols mixed up and display Santa on a crucifix?

    Crucified Santa: Urban myth refuses to die

    The story goes that Japanese store workers created a life-size effigy of a smiling "Father Kurisumasu" attached to a facsimile of Our Lord's final instrument of torture
    Jennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress

    The Boy in the Dress: On set with the stars

    Walliams' story about a boy who goes to school in a dress will be shown this Christmas