CASE SUMMARIES 15 January 1996
Monday 15 January 1996
McCandless v General Medical Council; PC (Lord Goff of Chieveley, Lord Nicholas of Birkenhead, Lord Hoffmann); 11 Dec 1995
Seriously negligent misconduct by a doctor in the treatment of patients could amount to serious professional misconduct and result in erasure of the doctor's name from the register of medical practitioners.
John Mitting QC (Gamlins Storrar Cowdry) for the doctor; Joanna Glynn (Field Fisher Waterhouse) for the GMC.
Marley UK Ltd v Anderson; CA (Russell, Waite, Schiemann LJJ); 13 Dec 1995
In considering under s 67(2) of the Employment Protection (Consolidation) Act 1978 whether an employee who had presented his unfair dismissal claim outside the three-month time limit had nevertheless presented it "within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable" for the complaint to be presented sooner, the issues of reasonableness and practicability were both matters to be weighed separately, ground by ground, fact by fact, under each head of unfair dismissal complained of. The fact that an employee was out of time in relation to a complaint based on one set of facts did not preclude his pursuing a complaint based on different facts of which he had later learnt.
David Richardson (Argles & Court, Maidstone) for the employers; John Bowers (Harman & Harman, Canterbury) for the employee.
R v M; CA (Crim Div) (Lord Taylor of Gosforth CJ, Kay, Brian Smedley JJ); 21 Nov 1995
An application for a video recording of a complainant's evidence to be played a second time at a criminal trial should be granted only if the request was made specifically by the jury. Such a replay should be discouraged because it was a departure from the normal course of the way in which evidence at a criminal trial was heard, and should only be made if there were exceptional reasons for doing so.
Robin Pearse Wheatley (Registrar of Criminal Appeals) for the appellant; Rebecca Poulet QC (CPS) for the Crown.
Value added tax
Customs and Excise Commissioners v Madgett and another t/a Howden Court Hotel; QBD (Brooke J); 16 Nov 1995
A case, concerning a hotel which hired a coach providing transport for its customers at an inclusive price, was referred to the European Court of Justice under art 177 of the Treaty of Rome to establish the meaning in Community law of the terms "travel agent" and "tour operator". Different VAT tribunals had adopted different approaches to the question and the interpretation of the meaning of those terms could not be resolved without a reference. Customs claimed the hotel was a tour operator subject to the Tour Operators' Margin Scheme (VAT leaflet 709/88).
Jeremy Woolf (Rice-Jones & Smiths) for the taxpayers; Stephen Richards (Customs & Excise Solicitor) for the Crown.
- 1 The truth about 'girl things': Three cheers for Heather Watson's honesty
- 2 Man who held up 'hire me' sign at Waterloo station returns a year later with 'I'm hiring' sign
- 3 Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
- 4 Tennis fan suing Australian Open organisers for 'failing to shade spectators' during Murray match
- 5 Men behaving badly: Urinating while standing, 'manspreading' and the gendering of selfishness
Man who held up 'hire me' sign at Waterloo station returns a year later with 'I'm hiring' sign
Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
Rob Lowe hits out at White House decision not to meet Israeli leader
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign
Winston Churchill: From accusations of anti-Semitism to the blunt refusal that led to the deaths of millions
British Muslim leaders outraged after Eric Pickles says followers of Islam should 'prove their identity'
UK terror fears: My jihadist son returned from Syria mentally scarred – now he is being ignored
Nigel Farage: NHS might have to be replaced by private health insurance
Billy Crystal: 'Stop shoving gay sex scenes in my face'
'We would evict Queen from Buckingham Palace and allocate her council house,' say Greens
French court convicts three over homophobic tweets, in case hailed as a 'significant victory' by LGBT rights campaigners
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