Law Reports: Case Summaries; 19 April 1999

Law Reports

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

Restrictive practices

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.

Criminal libel

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.

Estoppel

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.

Intellectual property

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 [1999] 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.

Employment

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.

Arts and Entertainment

game of thrones reviewWarning: spoilers

Arts and Entertainment
The original Star Wars trio of Harrison Ford, Carrie Fisher and Mark Hamill

George Osborne confirms Star Wars 8 will film at Pinewood Studios in time for 4 May

film

Arts and Entertainment
Haunted looks: Matthew Macfadyen and Timothy Spall star in ‘The Enfield Haunting’

North London meets The Exorcist in eerie suburban drama

TV

Arts and Entertainment

Filming to begin on two new series due to be aired on Dave from next year

TV

Arts and Entertainment
Kit Harington plays MI5 agent Will Holloway in Spooks: The Greater Good

'You can't count on anyone making it out alive'film
Have you tried new the Independent Digital Edition apps?
Arts and Entertainment

ebooksNow available in paperback
Arts and Entertainment

ebooks
  • Get to the point
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.

    Fishing for votes with Nigel Farage: The Ukip leader shows how he can work an audience as he casts his line to the disaffected of Grimsby

    Fishing is on Nigel Farage's mind

    Ukip leader casts a line to the disaffected
    Who is bombing whom in the Middle East? It's amazing they don't all hit each other

    Who is bombing whom in the Middle East?

    Robert Fisk untangles the countries and factions
    China's influence on fashion: At the top of the game both creatively and commercially

    China's influence on fashion

    At the top of the game both creatively and commercially
    Lord O’Donnell: Former cabinet secretary on the election and life away from the levers of power

    The man known as GOD has a reputation for getting the job done

    Lord O'Donnell's three principles of rule
    Rainbow shades: It's all bright on the night

    Rainbow shades

    It's all bright on the night
    'It was first time I had ever tasted chocolate. I kept a piece, and when Amsterdam was liberated, I gave it to the first Allied soldier I saw'

    Bread from heaven

    Dutch survivors thank RAF for World War II drop that saved millions
    Britain will be 'run for the wealthy and powerful' if Tories retain power - Labour

    How 'the Axe' helped Labour

    UK will be 'run for the wealthy and powerful' if Tories retain power
    Rare and exclusive video shows the horrific price paid by activists for challenging the rule of jihadist extremists in Syria

    The price to be paid for challenging the rule of extremists

    A revolution now 'consuming its own children'
    Welcome to the world of Megagames

    Welcome to the world of Megagames

    300 players take part in Watch the Skies! board game in London
    'Nymphomaniac' actress reveals what it was really like to star in one of the most explicit films ever

    Charlotte Gainsbourg on 'Nymphomaniac'

    Starring in one of the most explicit films ever
    Robert Fisk in Abu Dhabi: The Emirates' out-of-sight migrant workers helping to build the dream projects of its rulers

    Robert Fisk in Abu Dhabi

    The Emirates' out-of-sight migrant workers helping to build the dream projects of its rulers
    Vince Cable interview: Charging fees for employment tribunals was 'a very bad move'

    Vince Cable exclusive interview

    Charging fees for employment tribunals was 'a very bad move'
    Iwan Rheon interview: Game of Thrones star returns to his Welsh roots to record debut album

    Iwan Rheon is returning to his Welsh roots

    Rheon is best known for his role as the Bastard of Bolton. It's gruelling playing a sadistic torturer, he tells Craig McLean, but it hasn't stopped him recording an album of Welsh psychedelia
    Morne Hardenberg interview: Cameraman for BBC's upcoming show Shark on filming the ocean's most dangerous predator

    It's time for my close-up

    Meet the man who films great whites for a living
    Increasing numbers of homeless people in America keep their mobile phones on the streets

    Homeless people keep mobile phones

    A homeless person with a smartphone is a common sight in the US. And that's creating a network where the 'hobo' community can share information - and fight stigma - like never before