CASE SUMMARIES : 12 June 1995

The following notes of cases were prepared by reporters of the All England Law Reports.


Vitol SA v Novell Ltd; CA (Nourse, Kennedy, Hirst LJJ) 26 May 1995.

Where a contract was repudiated, the failure by the innocent party to perform his own contractual obligations could not constitute acceptance of the repudiation since it was equivocal, being equally consistent with a misunderstanding by the innocent party of his rights under the contract, indecision or even inadvertence.

Andrew Popplewell (Holman Fenwick & Willan) for the appellants; Jeremy Cooke QC, Andrew Wales (Clyde & Co) for the respondents.

Drunk driving

R v Pydar Justices, ex p Foster; QB Div Ct (Simon Brown LJ, Curtis J) 12 May 1995.

A submission of no case to answer could not be made on the basis that there was no evidence before the justices to establish the proportion of alcohol in the defendant's breath, as determined by a properly functioning intoximeter, where a copy of the intoximeter printout had been produced to the court but had not been passed to the justices, since once an exhibit had been produced the court had jurisdiction over it.

Francis Burkett (Coodes, Newquay) for the applicant; Nigel Seed (CPS) for the respondent.


Salford Van Hire (Contracts) Ltd v Breholt Developments Ltd; CA (Nourse, Hirst LJJ, Sir Ralph Gibson) 6 April 1995.

In considering, for the purposes of s 4(1) of the Law of Distress (Amendment) Act 1908, whether a tenant company was the reported owner of a van which it had hired, the relevant circumstances to be taken into account included the prevalence of hiring and other forms of arrangements falling short of outright ownership, either as established by the evidence or as a factor of which it was possible to take judicial notice.

James Bonney (Dunderdale Wignall, Manchester) for the appellants; Anthony Elleray QC (Masons, Bolton) for the respondents.


Manchanda v Manchanda; CA (Leggatt LJ, Thorpe J) 17 May 1995.

Where a husband applied for a decree nisi of divorce to be made absolute before the necessary period of time for doing so had elapsed and without giving notice of the application to his wife, the decree absolute granted by the court was null and void and the wife was entitled to have it set aside.

Timothy Scott QC (Collyer-Bristow) for the appellant; Paul McCormick (Singh Virdi & Co, Hounslow) for the respondent.


Grace v Leslie & Godwin Financial Services Ltd; QBD (Clarke J) 1 May 1995.

An insurance broker was under a duty to retain enough information, in the form of a policy or slip, to ensure that a claim could be made; and he should retain the information for as long as he thought it might be possible to make such a claim.

Adam Fenton (Clyde & Co) for the plaintiff; Jeffrey Gruder (Cameron Markby Hewitt) for the defendants.


Overseas Investment Services Ltd v Simcobuild Construction Ltd & anr; CA (Staughton, Beldam, Peter Gibson LJJ) 27 March 1995.

Rights created by an agreement made pursuant to s 38(3) of the Highways Act 1980, relating to a future highway over registered land, were not "public rights" within the meaning of s 70(1)(a) of the Land Registration Act 1925 and therefore not overriding rights binding on a subsequent purchaser of the land, since they were not rights exercisable by anyone merely by virtue of being a member of the public and under general law.

Nigel Davis QC, Tom Bannister (Morgan Bruce, Swansea) for the appellants; Elizabeth Appleby QC, Robin Campbell (Brian Owen, Swansea) for the respondents.


Barnet London Borough Council v London Transport Property; QBD (Harrison J) 2 May 1995.

The word "storage" in the Non-Domestic (Unoccupied) Premises Regulations 1989 had to be given its ordinary meaning. Therefore, buses parked overnight or between periods of actual use in a bus depot were not "stored" for the purposes of the Regulations and the respondents were liable to pay non-domestic rates on the premises. Had the buses been kept at the depot prior to being commissioned for use or after having been decommissioned, it was arguable that might constitute storage.

Christopher Lewsley (Solicitor, Barnet LBC) for the appellant; Guy Roots QC, Richard Glover (Solicitor, London Transport) for the respondent.


R v Hastings; CA (Cr Div) (Lord Taylor CJ, Tucker, Forbes JJ) 4 May 1995.

Where a motorist had no option but to plead guilty to a charge of dangerous driving, a plea of guilty did not necessarily attract a discount from the maximum sentence of two years' imprisonment.

Patrick Sullivan, who did not appear below (Registrar of Criminal Appeals) for the appellant.

Have you tried new the Independent Digital Edition apps?
Independent Dating

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs People

Geography Teacher

£24000 - £33600 per annum + pre 12 week AWR : Randstad Education Manchester Se...

E150/2014 - English Language Checker (Grade B3)

On Application: Council of Europe: The European Court of Human Rights’s judgme...

Marketing Executive

£28000 - £32000 per annum: Charter Selection: A professional services company ...

Project Manager - Bristol South West

£400 - £450 per day: Orgtel: Project Manager (PM), Key Banking Client, Retail ...

Day In a Page

A History of the First World War in 100 Moments: Peace without magnanimity - the summit in a railway siding that ended the fighting

A History of the First World War in 100 Moments

Peace without magnanimity - the summit in a railway siding that ended the fighting
Scottish independence: How the Commonwealth Games could swing the vote

Scottish independence: How the Commonwealth Games could swing the vote

In the final part of our series, Chris Green arrives in Glasgow - a host city struggling to keep the politics out of its celebration of sport
Out in the cold: A writer spends a night on the streets and hears the stories of the homeless

A writer spends a night on the streets

Rough sleepers - the homeless, the destitute and the drunk - exist in every city. Will Nicoll meets those whose luck has run out
Striking new stations, high-speed links and (whisper it) better services - the UK's railways are entering a new golden age

UK's railways are entering a new golden age

New stations are opening across the country and our railways appear to be entering an era not seen in Britain since the early 1950s
Conchita Wurst becomes a 'bride' on the Paris catwalk - and proves there is life after Eurovision

Conchita becomes a 'bride' on Paris catwalk

Alexander Fury salutes the Eurovision Song Contest winner's latest triumph
Pétanque World Championship in Marseilles hit by

Pétanque 'world cup' hit by death threats

This year's most acrimonious sporting event took place in France, not Brazil. How did pétanque get so passionate?
Whelks are healthy, versatile and sustainable - so why did we stop eating them in the UK?

Why did we stop eating whelks?

Whelks were the Victorian equivalent of the donor kebab and our stocks are abundant. So why do we now export them all to the Far East?
10 best women's sunglasses

In the shade: 10 best women's sunglasses

From luxury bespoke eyewear to fun festival sunnies, we round up the shades to be seen in this summer
Germany vs Argentina World Cup 2014: Lionel Messi? Javier Mascherano is key for Argentina...

World Cup final: Messi? Mascherano is key for Argentina...

No 10 is always centre of attention but Barça team-mate is just as crucial to finalists’ hopes
Siobhan-Marie O’Connor: Swimmer knows she needs Glasgow joy on road to Rio

Siobhan-Marie O’Connor: Swimmer needs Glasgow joy on road to Rio

18-year-old says this month’s Commonwealth Games are a key staging post in her career before time slips away
The true Gaza back-story that the Israelis aren’t telling this week

The true Gaza back-story that the Israelis aren’t telling this week

A future Palestine state will have no borders and be an enclave within Israel, surrounded on all sides by Israeli-held territory, says Robert Fisk
A History of the First World War in 100 Moments: The German people demand an end to the fighting

A History of the First World War in 100 Moments

The German people demand an end to the fighting
New play by Oscar Wilde's grandson reveals what the Irish wit said at his trials

New play reveals what Oscar Wilde said at trials

For a century, what Wilde actually said at his trials was a mystery. But the recent discovery of shorthand notes changed that. Now his grandson Merlin Holland has turned them into a play
Can scientists save the world's sea life from

Can scientists save our sea life?

By the end of the century, the only living things left in our oceans could be plankton and jellyfish. Alex Renton meets the scientists who are trying to turn the tide
Richard III, Trafalgar Studios, review: Martin Freeman gives highly intelligent performance

Richard III review

Martin Freeman’s psychotic monarch is big on mockery but wanting in malice