Law report: Case Summaries

17 May 1999

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


Attorney General's Reference (No 3 of 1998); CA, Crim Div (Judge LJ, Sachs, Klevan JJ) 25 Mar 1999.

IN DETERMINING whether a defendant "did the act or made the omission charged" for the purposes of the Trial of Lunatics Act 1883, and assuming insanity, the prosecution was required to prove the ingredients constituting the actus reus of the crime alleged, but not the mens rea. Apart from insanity, therefore, the defendant's state of mind would cease to be relevant.

David Perry (CPS) for the Attorney General; James Turner QC (Treasury Solicitor) as amicus curiae.


Faraj v Secretary of State for the Home Department; CA (Peter Gibson, Thorpe, Potter LJJ) 31 Mar 1999.

A SINGLE incident of torture of a person who claimed asylum on the basis of a fear of persecution might amount to persecution if a group of which that person was a member had suffered other incidents, but isolated incidents of torture were not, without more, enough to constitute persecution.

Frances Webber (Gill & Co) for the appellant; Stuart Catchpole (Treasury Solicitor) for the Home Secretary.


Greenwich Ltd v National Westminster Bank plc and ors; Ch D (Blackburne J) 31 Mar 1999.

THE COURT had jurisdiction under Ord 23, r 1(1)(a) of the Rules of the Supreme Court "if, having regard to all the circumstances of the case, it thought it just to do so" to order a plaintiff company which was resident and incorporated in the Isle of Man to give security for costs, and was not bound to refuse to do so unless the requirements of s 726 of the Companies Act 1985 were satisfied.

Michael Booth (Tickle Hall Cross) for the plaintiff; Angharad Start (Wilde Sapte) for the bank.

Town and country planning

R v St Edmundsbury Borough Council, ex p Watson; QBD, Crown Office List (Hooper J) 13 Apr 1999.

IF A local planning authority wished to delegate to a planning officer the authority to make a decision under reg 9 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 to the effect that an applicant for planning permission which fell within Sch 2 of the regulations need not submit an environmental statement, such a delegation had to be formally made under s 101 of the Local Government Act 1992.

Robert McCracken (Richard Buxton, Cambridge) for the applicant; Neil King (St Edmundsbury Borough Council) for the authority.

Landlord and tenant

Bland v Ingram's Estates Ltd and ors; Ch D (Peter Leaver QC sitting as a deputy High Court judge) 13 Apr 1999.

WHERE A lease had been forfeited by peaceful re-entry and the person who had the equitable interest which would entitle him to seek relief against forfeiture did not seek such relief, an equitable chargee did not generally, in the exercise of the court's inherent jurisdiction, have the right to relief against forfeiture.

Robert Denman (Joseph Aaron & Co, Ilford) for the plaintiff; Timothy Fancourt (Collyer-Bristow) for the first defendant; Justin Althaus (Armstrong & Co) for Mr & Mrs Uddin.


Harrow London Borough Council v Shah and anor; QBD, Div Ct (Kennedy LJ, Mitchell J) 19 Apr 1999.

AN OFFENCE of selling a lottery ticket to a person who had not attained the age of 16 years contrary to s 13 of the National Lottery Act 1993 and reg 3 of the National Lottery Regulations 1994 was an offence of strict liability and it was therefore unnecessary for the prosecution to prove that a person charged with such an offence knew or was reckless as to the age of the customer.

Mark Batchelor (Asst Director of Trading Standards, London Borough of Harrow) for the appellant; Milan Dulovic (Shah & Burke) for the respondents.


Re Baron Holding Investments Ltd; Ch D (Pumfrey J) 16 Apr 1999.

WHERE IT was contended that solicitors were in breach of the dual employment rule the court had to be satisfied that on the facts of the case there was a genuine risk of dual employment as opposed to a mere theoretical possibility, and the court need not always take steps until an actual conflict had arisen.

Victor Joffe (Forsters) for the applicants; Paul Emerson (Jules Cantor) for the liquidator.

Arts and Entertainment
Stewart Lee (Gavin Evans)


Arts and Entertainment
No half measures: ‘The Secret Life of the Pub’

Grace Dent on TV The Secret Life of the Pub is sexist, ageist and a breath of fresh air

Arts and Entertainment
Art on their sleeves: before downloads and streaming, enthusiasts used to flick through racks of albums in their local record shops
musicFor Lois Pryce, working in a record shop was a dream job - until the bean counters ruined it
Arts and Entertainment
Serial suspect: the property heir charged with first-degree murder, Robert Durst
TV review
Arts and Entertainment
Igarashi in her

Art Megumi Igarashi criticises Japan's 'backwards' attitude to women's sexual expression

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

ebooksNow available in paperback
Arts and Entertainment

Arts and Entertainment
It's all in the genes: John Simm working in tandem with David Threlfall in 'Code of a Killer'

TV review
Arts and Entertainment
Far Right and Proud: Reggies Yates' Extreme Russia

TV review
Arts and Entertainment
Kanye West was mobbed in Armenia after jumping into a lake

Arts and Entertainment
The show suffers from its own appeal, being so good as to create an appetite in its viewers that is difficult to sate in a ten episode series

Game of Thrones reviewFirst look at season five contains some spoilers
Arts and Entertainment
Judi Dench and Kevin Spacey on the Red Carpet for 2015's Olivier Awards

Ray Davies' Sunny Afternoon scoops the most awards

Arts and Entertainment
Proving his metal: Ross Poldark (played by Aidan Turner in the BBC series) epitomises the risk-taking spirit of 18th-century mine owners

Poldark review
Arts and Entertainment
Eddie Redmayne is reportedly favourite to play Newt Scamander in Fantastic Beasts and Where to Find Them

Arts and Entertainment
Tom Hardy stars in dystopian action thriller Mad Max: Fury Road

Arts and Entertainment
Josh, 22, made his first million from the game MinoMonsters

Grace Dent

Channel 4 show proves there's no app for happiness
Disgraced Top Gear presenter Jeremy Clarkson
Arts and Entertainment
Game face: Zoë Kravitz, Bruce Greenwood and Ethan Hawke in ‘Good Kill’

film review

Arts and Entertainment
Living like there’s no tomorrow: Jon Hamm as Don Draper in the final season of ‘Mad Men’

TV review

Arts and Entertainment
Yaphett Kotto with Julius W Harris and Jane Seymour in 1973 Bond movie Live and Let Die

Arts and Entertainment

Arts and Entertainment

  • Get to the point
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.

    NHS struggling to monitor the safety and efficacy of its services outsourced to private providers

    Who's monitoring the outsourced NHS services?

    A report finds that private firms are not being properly assessed for their quality of care
    Zac Goldsmith: 'I'll trigger a by-election over Heathrow'

    Zac Goldsmith: 'I'll trigger a by-election over Heathrow'

    The Tory MP said he did not want to stand again unless his party's manifesto ruled out a third runway. But he's doing so. Watch this space
    How do Greek voters feel about Syriza's backtracking on its anti-austerity pledge?

    How do Greeks feel about Syriza?

    Five voters from different backgrounds tell us what they expect from Syriza's charismatic leader Alexis Tsipras
    From Iraq to Libya and Syria: The wars that come back to haunt us

    The wars that come back to haunt us

    David Cameron should not escape blame for his role in conflicts that are still raging, argues Patrick Cockburn
    Sam Baker and Lauren Laverne: Too busy to surf? Head to The Pool

    Too busy to surf? Head to The Pool

    A new website is trying to declutter the internet to help busy women. Holly Williams meets the founders
    Heston Blumenthal to cook up a spice odyssey for British astronaut manning the International Space Station

    UK's Major Tum to blast off on a spice odyssey

    Nothing but the best for British astronaut as chef Heston Blumenthal cooks up his rations
    John Harrison's 'longitude' clock sets new record - 300 years on

    ‘Longitude’ clock sets new record - 300 years on

    Greenwich horologists celebrate as it keeps to within a second of real time over a 100-day test
    Fears in the US of being outgunned in the vital propaganda wars by Russia, China - and even Isis - have prompted a rethink on overseas broadcasters

    Let the propaganda wars begin - again

    'Accurate, objective, comprehensive': that was Voice of America's creed, but now its masters want it to promote US policy, reports Rupert Cornwell
    Why Japan's incredible long-distance runners will never win the London Marathon

    Japan's incredible long-distance runners

    Every year, Japanese long-distance runners post some of the world's fastest times – yet, come next weekend, not a single elite competitor from the country will be at the London Marathon
    Why does Tom Drury remain the greatest writer you've never heard of?

    Tom Drury: The quiet American

    His debut was considered one of the finest novels of the past 50 years, and he is every bit the equal of his contemporaries, Jonathan Franzen, Dave Eggers and David Foster Wallace
    You should judge a person by how they peel a potato

    You should judge a person by how they peel a potato

    Dave Hax's domestic tips are reminiscent of George Orwell's tea routine. The world might need revolution, but we like to sweat the small stuff, says DJ Taylor
    Beige is back: The drab car colours of the 1970s are proving popular again

    Beige to the future

    Flares and flounce are back on catwalks but a revival in ’70s car paintjobs was a stack-heeled step too far – until now
    Bill Granger recipes: Our chef's dishes highlight the delicate essence of fresh cheeses

    Bill Granger cooks with fresh cheeses

    More delicate on the palate, milder, fresh cheeses can also be kinder to the waistline
    Aston Villa vs Liverpool: 'This FA Cup run has been wonderful,' says veteran Shay Given

    Shay Given: 'This FA Cup run has been wonderful'

    The Villa keeper has been overlooked for a long time and has unhappy memories of the national stadium – but he is savouring his chance to play at Wembley
    Timeless drama of Championship race in league of its own - Michael Calvin

    Michael Calvin's Last Word

    Timeless drama of Championship race in league of its own