Case Summaries: 28 June 1999

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

Child

Re J (a child); Fam D (Wall J) 6 May 1999.

WHERE PARENTS or other persons having parental responsibility for a child were in dispute as to whether the child should be circumcised, the dispute should, if need be, be referred to the court for resolution as a matter of urgency. The welfare of the child was paramount, and the application for the child to be circumcised was one to which s 1(3) of the Children Act 1989 applied. Although a maternal veto was a very powerful consideration in the welfare equation, the court plainly had jurisdiction in an appropriate case to override that veto.

Practice

Harrison and anor v Bloom Camillin (a firm); Ch D (Neuberger J) 12 May 1999.

WHEN CONSIDERING an application to set aside or vary a witness summons under r 34.3(4) of the Civil Procedure Rules 1998 the court should be careful of relying on civil procedure cases decided under the old rules. Regard should be had, however, to the summary of the old law in Re State of Norway's Application (No 1) [1989] 1 All ER 661. When deciding whether or not to set aside or vary a witness summons, whilst the position of the witness should not be ignored, the interests of the witness would normally come second to those of the parties.

Hazel Williamson QC (Stephenson Harwood) for the witness; Ian Geering QC, Angharad Start (Reynolds Porter Chamberlain) for the defendant.

European Community

R v Secretary of State for the Home Dept, ex p International Lottery in Liechtenstein Foundation and anor; QBD, Crown Office List (Moses J) 14 June 1999.

THE PROVISIONS of ss 1 and 2 of the Lotteries and Amusements Act 1976, which prohibited all large lotteries except the National Lottery, were not inconsistent with the freedom to provide service enshrined in art 59 of the EC Treaty: the effect of the decision in Customs and Excise Commrs v Schindler [1994] 2 All ER 193 was that the UK was free to determine whether it was necessary to restrict large lotteries to a National Lottery for the purposes of protecting players and maintaining order in society.

Thomas Sharpe QC, Susanna Fitzgerald QC (D.J. Freeman) for the applicants; Philip Sales (Treasury Solicitor) for the Home Secretary.

Landlord and tenant

Rose v Stavrou; Ch D (Neuberger J) 9 June 1999.

WHERE A landlord had consented to a change in use of premises by a tenant the court would grant a declaration that he had so consented notwithstanding that the declaration would put him in breach of covenants in other leases to which he was a party.

Alistair Abbott (Rowe & Maw) for the tenant; Charles H. Joseph (Kenneth Shaw & Co) for the landlord.

Rates

Encon Insulation (Nottingham) Ltd) v Nottingham City Council; QBD, Crown Office List (David Pannick QC as a deputy High Court judge) 9 June 1999.

WHEN DETERMINING whether there had been a breach of reg 5(1)(a) of the Non Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, the question which the court had to ask itself was whether there were practicable steps which the council could and should have taken at an earlier stage than they had done to locate the relevant premises.

Guy Roots QC, Nicholas Burton (Pinsent Curtis, Leeds) for Encon Insulation; Godfrey Jarand (Legal Services Dept, Nottingham City Council) for the council.

Police

R v Chief Constable of Greater Manchester, ex p Lainton; QBD Crown Office List (Jackson J) 10 June 1999.

AN ASSISTANT chief constable had, by virtue of his position and responsibilities, an implied delegated authority from the chief officer of police to exercise the power in reg 14(2) of the Police Regulations 1995 to extend the probationary period of a probationer constable on the chief constable's behalf.

Gavin Millar (Russell Jones & Walker, Leeds) for the applic- ant; Murray Hunt (Greater Manchester Police Authority) for the respondent.

Strike out

Securum Finance Ltd v Ashton and anor; Ch D (Ian Hunter QC as a deputy High Court judge) 10 June 1999.

WHERE AN action had been struck out for want of prosecution that did not amount to res judicata, since there had necessarily been no adjudication on the merits, and therefore no determination of any issue in the case which could properly found an estoppel.

Anthony de Garr Robinson (Sheridans) for the claimant; Peter Knox (Coldham Shield and Mace) for the defendants.

Arts and Entertainment
James Hewitt has firmly denied being Harry’s father

theatre
Arts and Entertainment
British actor Idris Elba is also a DJ and rapper who played Ibiza last summer

film
Arts and Entertainment
The Doctor and Clara have their first real heart to heart since he regenerated in 'Deep Breath'
TV
Arts and Entertainment
Jamie Oliver
filmTV chef Jamie Oliver turned down role in The Hobbit
News
The official police photograph of Dustin Diamond taken after he was arrested in Wisconsin
TVDownfall of the TV star charged with bar stabbing
PROMOTED VIDEO
Arts and Entertainment
J Jefferson Farjeon at home in 1953
booksBooksellers say readers are turning away from modern thrillers and back to golden age of crime writing
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

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

ebooksNow available in paperback
Arts and Entertainment

ebooks
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

art
Arts and Entertainment
Laugh a minute: Steph Parker with Nigel Farage

TV
Arts and Entertainment
Comic Ivor Dembina has staged his ‘Traditional Jewish Xmas Eve Show’ for the past 20 years; the JNF UK charity is linked to the Jewish National Fund, set up to fund Jewish people buying land in Palestinian territories
comedy

Arts and Entertainment
Transformers: Age of Extinction was the most searched for movie in the UK in 2014

film
Arts and Entertainment
Mark Ronson has had two UK number two singles but never a number one...yet

music
Arts and Entertainment
Clara Amfo will take over from Jameela Jamil on 25 January

radio
Arts and Entertainment
This is New England: Ken Cheeseman, Ann Dowd, Frances McDormand and Richard Jenkins in Olive Kitteridge

The most magnificently miserable show on television in a long timeTV
Arts and Entertainment
Andrea Faustini looks triumphant after hearing he has not made it through to Sunday's live final

TV
Arts and Entertainment
Rhys says: 'I'm not playing it for laughs, but I have learnt that if you fall over on stage, people can enjoy that as much as an amazing guitar solo'
musicGruff Rhys on his rock odyssey, and the trouble with independence
Arts and Entertainment
Krysia and Daniel (Hand out press photograph provided by Sally Richardson)
How do today's composers answer the challenge of the classical giant?
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.

    A timely reminder of the bloody anniversary we all forgot

    A timely reminder of the bloody anniversary we all forgot

    Who remembers that this week we enter the 150th anniversary year of the end of the American Civil War, asks Robert Fisk
    Homeless Veterans appeal: Former soldiers pay their respects to a friend who also served

    Homeless Veterans appeal

    Former soldiers pay their respects to a friend who also served
    Downfall of Dustin 'Screech' Diamond, the 'Saved By The Bell' star charged with bar stabbing

    Scarred by the bell

    The downfall of the TV star charged with bar stabbing
    Why 2014 was a year of technological let-downs

    Why 2014 was a year of technological let-downs

    Security breaches and overhyped start-ups dominated a year in which very little changed (save the size of your phone)
    Cuba's golf revolution: But will the revolutionary nation take 'bourgeois' game to its heart?

    Will revolutionary Cuba take 'bourgeois' golf to its heart?

    Fidel Castro ridiculed the game – but now investment in leisure resort projects is welcome
    The Locked Room Mysteries: As a new collection of the genre’s best is published, its editor Otto Penzler explains the rules of engagement

    The Locked Room Mysteries

    As a new collection of the genre’s best is published, its editor explains the rules of engagement
    Amy Adams on playing painter Margaret Keane in Tim Burton's Big Eyes

    How I made myself Keane

    Amy Adams hadn’t wanted to take the role of artist Margaret Keane, because she’d had enough of playing victims. But then she had a daughter, and saw the painter in a new light
    Ed Richards: Parting view of Ofcom chief. . . we hate jokes on the disabled

    Parting view of Ofcom chief... we hate jokes on the disabled

    Bad language once got TV viewers irate, inciting calls to broadcasting switchboards. But now there is a worse offender, says retiring head of the media watchdog, Ed Richards
    A look back at fashion in 2014: Wear in review

    Wear in review

    A look back at fashion in 2014
    Ian Herbert: My 10 hopes for sport in 2015. Might just one of them happen?

    Ian Herbert: My 10 hopes for sport in 2015

    Might just one of them happen?
    War with Isis: The West needs more than a White Knight

    The West needs more than a White Knight

    Despite billions spent on weapons, the US has not been able to counter Isis's gruesome tactics, says Patrick Cockburn
    Return to Helmand: Private Davey Graham recalls the day he was shot by the Taliban

    'The day I was shot by the Taliban'

    Private Davey Graham was shot five times during an ambush in 2007 - it was the first, controversial photograph to show the dangers our soldiers faced in Helmand province
    Revealed: the best and worst airlines for delays

    Revealed: the best and worst airlines for delays

    Many flyers are failing to claim compensation to which they are entitled, a new survey has found
    The stories that defined 2014: From the Scottish independence referendum to the Ice Bucket Challenge, our writers voice their opinions

    The stories that defined 2014

    From the Scottish independence referendum to the Ice Bucket Challenge, our writers voice their opinions
    Stoke-on-Trent becomes first British city to be classified as 'disaster resilient' by the United Nations

    Disaster looming? Now you know where to head...

    Which British city has become the first to be awarded special 'resilience' status by the UN?