Case Summaries: 9 November 1998

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


R v Andrews; CA (Crim Div) (Roch LJ, Laws, Butterfield JJ) 14 Oct 1998.

WHERE THERE was no suggestion that potential jurors in a criminal trial might have an interest in the case, such as having lost money in transactions which formed the basis of the trial, the questioning of jurors either orally or by use of a questionnaire was, save in the most exceptional circumstances, to be avoided. There was an assumption in English law that jurors would be faithful to their oaths to return true verdicts in accordance with the evidence.

Ronald Thwaites QC, RWG Threlfall (Registrar of Criminal Appeals) for the appellant; David Crigman QC, Robert Juckes (CPS) for the Crown.

R v F; CA (Crim Div) (Roch LJ, Potts, Butterfield JJ) 15 Oct 1998.

THE "LURKING doubt" approach, which had been applied when all the factors in an appeal against conviction were considered cumulatively to render a conviction unsafe, was no longer a proper approach. Parliament had laid down a simple test in s 2(1) of the Criminal Appeal Act 1968 as amended by the Criminal Appeal Act 1995, which was that the court should allow an appeal against conviction if it thought the conviction unsafe, and should dismiss such an appeal in any other case. It was undesirable to place a gloss on the test formulated by Parliament which had the advantage of brevity and simplicity.

Henry Blaxland (Registrar of Criminal Appeals) for the appellant; Stephen Bailey (CPS) for the Crown.


Re SC (a minor); Fam Div (Wall J) 16 Oct 1998.

THE ONLY person who could apply under the Adoption Act 1976 to revoke an order freeing a child for adoption was a former parent, i.e. a birth parent who had not made a declaration under s 18(6) of the Act that he or she preferred not to be involved in future questions concerning the adoption. Where such a declaration had been made, therefore, it was neither open to the adoption agency to apply to revoke the freeing order nor open to the court to make a care order whilst the order freeing the child for adoption remained in place. Since there was an unintended lacuna in the 1976 Act, it was open to the court to exercise the inherent jurisdiction to discharge the freeing order if that were in the best interests of the child.

Yvonne Coppel for the local authority; Anthony Hayden for the birth mother; Robin Spon-Smith as amicus curiae.


Credit Suisse First Boston (Europe) Ltd v Lister; CA (Simon Brown, Aldous, Clarke LJJ) 16 Oct 1998.

THE EFFECT of Council Directive (EEC) 77/187 (the Acquired Rights Directive) and the Transfer of Undertakings (Protection of Employment) Regulations 1981 was to prohibit an employee from waiving any right conferred on him by the directive, namely those rights conferred on him by the terms of his contract of employment with the transferor of the undertaking, even if the benefit of such a right was set off by a favourable amendment so as to leave the employee no worse off overall.

Michael Burton QC, Nicholas Randall (Clifford Chance) for the plaintiff; Andrew Clarke QC (Warner Cranston) for the defendant.


Smithkline Beecham Biologicals SA v Connaught Laboratories Inc; Ch Div (Laddie J) 30 Oct 1998.

ON AN application under RSC Ord 24 r 14A for leave to use documents which had been subject to a confidentially agrement, it was a question of fact whether the documents in issue had been read to or by the court, or referred to, in open court, and only if that issue were determined in the affirmative would the documents be treated as in the public domain. When a matter came on for oral hearing the skeleton arguments and all the derivative documents referred to in them were not automatically deemed to have been referred to in open court. It would not generally be right for a judge to release documents which would otherwise be under an embargo to a foreign court or tribunal because he had been told that without them that court or tribunal was incapable of doing justice.

David Young QC, Adrian Speck (Stringer Saul) for the petitioner; Roger Henderson QC, Daniel Alexander (Bird & Bird) for the respondent.

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