Law Reports: Case Summaries; 19 April 1999
Monday 19 April 1999
Re Medicaments and Related Classes of Goods; Restrictive Practices Ct (Buckley J, JA Scott OBE, BD Colgate) 11 March 1999.
SINCE THE making of an order in 1970 by the Restrictive Practices Court to the effect that it was in the public interest to permit agreements leading to the maintenance of resale prices to continue in respect of medicaments and related classes of goods, circumstances had materially changed, and the Director General of Fair Trading should be granted leave to apply under s 17 of the Resale Prices Act 1976 to discharge the 1970 order.
David Oliver QC, Jon Turner (Treasury Solicitor) for the Director General; Mark Cran QC, David Anderson (Cameron McKenna) for the Proprietary Association of Great Britain and the Proprietary Articles Trade Association.
Gleaves v Insall and other appeals; QBD, Div Ct (Kennedy LJ, Blofeld J) 9 March 1999.
IT WAS not necessary to apply for leave to commence proceedings for criminal libel under s 8 of the Law of Libel Amendment Act 1888 where the intended prosection was against the author of a newspaper article. It was clear that the words "person responsible for the publication of a newspaper" in s 8 were to be construed ejusdem generis with the preceding words "any proprietor, publisher, editor", and were thus intended to cover not the contributors but the persons who brought the newspaper out.
The appellants in person; Richard Parkes (Farrer & Co) for the respondent.
Landlord and tenant
Parc Battersea Ltd (in adminstrative receivership) and anor v Hutchinson; Ch D (Moore-Bick J) 18 March 1999.
SECTION 53(1)(a) of the Law of Property Act 1925 was, on its true construction, apt to cover the position where an oral transaction which would otherwise be ineffective in accordance with its terms took effect by operation of law in a manner different from that which the parties had contemplated.
Timothy Dutton (Cameron McKenna) for the plaintiffs; Thomas Jefferies (Payne Hicks Beach) for the defendant.
Locabail (UK) Ltd v Bayfield Properties Ltd and anor; Ch D (Lawrence Collins QC sitting as a deputy High Court judge) 9 March 1999.
IN PRINCIPLE, the interest of a claimant who asserted an interest by way of proprietary estoppel could be protected against a third party as an overriding interest under s 70(1)(g) of the Land Registration Act 1925.
Anthony Mann QC, James Barker (More Fisher Brown) for the plaintiff; Hazel Williamson QC, Richard Morgan (Stephenson Harwood) for the bank.
Town and country planning
Jarmain v Secretary of State for the Environment; QBD Crown Office List (Nigel Macleod QC sitting as a deputy High Court judge) 12 March 1999.
WHILST s 171B(4)(b) of the Town and Country Planning Act 1990 could not used to cover two different physical developments or two different changes of use, it could be used to cover the same actual breach of planning control described in different ways.
The appellant in person; Natalie Lieven (Treasury Solicitor) for the respondent.
Microsoft Corp v Plato Technology Ltd; Ch D ( Alan Steinfeld QC sitting as a deputy High Court judge) 11 March 1999.
THE PRINCIPLES set out for the grant of injunctive relief in Coflexip SA v Stolt Comex Seaway MS Ltd  All ER (D) 79 were of general application and could not be regarded as restricted to cases of patent infringement. They were also applicable to cases of trade mark infringement, passing off and breach of copyright.
Michael Tappin (Linklaters & Paines) for the plaintiff; Graham Shipley (Gouldens) for the defendant.
Express and Echo Publications Ltd v Tanton; CA (Hirst, Peter Gibson, Auld LJJ) 11 March 1999.
A CONTRACT of employment could not be said to be a contract of service unless it contained an obligation on the part of the employee to provide his services personally. When determining whether the relationship between the parties was that of employer and employee a tribunal should concentrate not on what had actually occurred, but should look at the agreement between the parties to discover the mutual obligations identified therein.
Jonathan Swift (Foot & Bowden, Plymouth) for the appellant; the respondent in person.
scienceScientists find the answer to a question that even puzzled Darwin
elephant appealThe first 23 lots in our charity auction have now gone. But there are 22 more still up for grabs
arts + entsThe 'Friends' actor on his new role as campaigner on addiction issues
Geoffrey Macnab: The Wolf of Wall Street's account of white-collar excess is A Rake’s Progress on steroids
scienceThe new development in bio-printing technology could be used in the future to restore lost vision - though years of research still await
architectureThe design collective which has stuck two fingers up at the modernists will call it quits at Venice
... But if you’re one of those poor souls offended by Jennifer Lopez’s choice of leotard, Grace Dent wants you to get a bloody grip
Arts & Ents blogs
Brian Griffin returns: Cartoon dog back from the dead in Family Guy Christmas episode
Matthew Perry: He'll be there for you
Nymphomaniac, film review: 'Despite the surreal sex scenes this is a serious drama'
FAT’s all folks: Architecture’s biggest jokers sign off in style
Shia LaBeouf apologises for plagiarising cartoonist's story for Cannes short film
Exclusive: Young people ‘want UK to stay in Europe’: Four in 10 adults aged 18 to 24 are ‘firmly in favour’ of membership, poll shows
Fox News presenter tells viewers it is a 'fact' that both Jesus and Santa Claus are white
You can STILL be jailed for being a republican, government confirms, and it remains illegal to even 'imagine' overthrowing the Queen
Kiss and yell: Italian protester charged with sexual assault after kissing riot police officer
Fighting back: the woman giving a voice (and 49,999 others) to the victims of sexism - by giving an airing to their horror stories
PM denies two child limit for benefits is part of Tory welfare policy
- 1 Facebook 'self-censorship': study records when you don't post to find more ways to share
- 2 Sun will 'flip upside down' within weeks, says Nasa
- 3 British prisoner Dr Abbas Khan found dead in Syrian jail days before he was due to be handed over to MP George Galloway
- 4 Vitamin pills are a waste of money, offer no health benefits and could be harmful - study
- 5 Children evacuated from swimming pool after prosthetic leg mistaken for paedophile
- < Previous
- Next >