CASE SUMMARIES 11 December 1995

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


Macmillan Inc v Bishopsgate Investment Trust plc & anr; CA (Staughton, Auld, Aldous LJJ) 2 Nov 1995.

Where, in a case involving a foreign element, an issue arose as to who had title to shares in a company, that issue was to be decided by the domestic law of the place where the shares were situated (the lex situs), which in the ordinary way was the place where the company was incorporated.

David Oliver QC, Murrary Rosen QC (Herbert Smith) for the plaintiff; Charles Aldous QC, Robert Hildyard QC (Freshfields) for the second defendant; William Blair QC (Watson Farley Williams) for the third defendant; Simon Mortimore QC, William Trower (Clifford Chance) for the fifth defendant.


Tabor v Ginns; CA (Neill, Auld LJJ, Sir Iain Glidewell) 22 Nov 1995.

If the clear intention of parties in entering into a second agreement was to create immediate rights and obligations that were wholly inconsistent with the continuance of other rights and obligations under an earlier agreement, the second, even though still executory, might have the effect of rescinding the earlier. But, where the second agreement provided for its "perfection" or performance at a later date and subject to certain conditions, the parties might well have intended to keep the earlier agreement alive, albeit in suspense until the second agreement was perfected or performed. The test was similar to that to be applied in cases of accord and satisfaction, namely whether it was the promise itself, or the performance of the promise, which was intended to have the effect of discharging the original claim.

Jill M. Gibson (Holmes & Hills, Braintree) for the appellant; Witold Pawlak (Tolhurst & Fisher, Southend on Sea) for the respondent.


Hague v DPP; QB Div Ct (Simon Brown LJ, Scott Baker J) 6 Nov 1995.

Where a police officer operating an intoximeter genuinely but mistakenly believed it was malfunctioning, the breath sample, showing a reading of 68mg in 100ml of breath, was admissible in evidence if the motorist had failed to give an alternative specimen when lawfully given the opportunity to do so under s 7(3) of the Road Traffic Act 1988, since that would have been the position if circumstances had been such that the s 8(2) procedure had been appropriate and the court did not believe Parliament required an opposite result for s 7(3).

Christopher Spratt (Mundy Coutts-Wood, Sheffield) for the appellant; Andrew Hatton (CPS) for the respondent.


Re Paloka; QB Div Ct (Simon Brown LJ, Scott Baker J) 6 Nov 1995.

In extradition proceedings under s 2 of the Extradition Act 1989, a stipendiary magistrate was entitled to commit an applicant to custody in the absence of a statement from the requesting country to indicate whether the offence was time-barred, since the committal hearing was not the appropriate moment to ventilate the issue of limitation. The magistrate had only to decide whether the conduct alleged constituted an extradition crime and the applicant's remedy for any limitation claim was to issue a writ of habeas corpus.

Campaspe Lloyd-Jacob (Hallinan Blackburn Gittings & Nott) for the applicant; John Hardy (CPS) for the respondent.


International Bulk Shipping and Services Ltd & anr v President of India & anr; CA (Evans, Peter Gibson LJJ, Sir Iain Glidewell) 23 Nov 1995.

Where proceedings had been issued in the name of a company which had already been dissolved, its trustee in bankruptcy was unable, after expiry of the limitation period, to have his own name added or substituted as a plaintiff under RSC Ord 15, r 6, because the proceedings were a nullity and the rule clearly contemplated an existing action in which the addition or substitution might be made. Nor could the trustee apply to "correct" the name of the plaintiff to his own name, under Ord 20, r 5, since that rule was directed to mistakes as to the name of a plaintiff, not as to the identity or description of the person suing.

Muir Hunter QC, Anthony Zacaroli (Hill Taylor Dickinson) for the appellants; Angus Glennie QC, Clare Reffin (De Mello Kamath) for the respondents.

Slade v Adco Ltd; CA (Neill, Auld LJJ, Sir Iain Glidewell) 30 Nov 1995.

On an application to strike out proceedings for want of prosecution, the onus was on the person asserting prejudice or a substantial risk to a fair trial to show it had been caused by inordinate and inexcusable delay since the issue of the writ. A mere assertion was not enough. But the individual judge should be left to assess the prejudice and the risk and the adequacy of evidence in the particular circumstances of the case, and in such matters the Court of Appeal should be slow to interfere with the judge's exercise of discretion.

Peter Grobel (Winters, Huntingdon) for the plaintiff; John Greenborn (Birkett Westthorpe & Long, Ipswich) for the defendant.


Glaxo Group Ltd v Inland Revenue Commrs; ChD (Robert Walker J) 9 Nov 1995.

The Board of Inland Revenue could adjust open assessments over many years to give effect to a transfer pricing direction made under the Income & Corporation Taxes Act 1988, s 770. The court refused to make declarations sought by Glaxo that a direction made in relation to years for which assessments remained open could not be taken into account and considered on appeal against those assessments.

John Gardiner QC, Jonathan Peacock (Slaughter & May) for Glaxo; Ian Glick QC, Michael Furness (Inland Revenue) for the Crown.

ebooksAn unforgettable anthology of contemporary reportage
Latest stories from i100
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

COO / Chief Operating Officer

£80 - 100k + Bonus: Guru Careers: A COO / Chief Operating Officer is needed to...

HR Manager - Kent - £45,000

£40000 - £45000 per annum: Ashdown Group: HR Manager / Training Manager (L&D /...

HR Manager - Edgware, London - £45,000

£40000 - £45000 per annum + Benefits: Ashdown Group: HR Manager - Edgware, Lon...

HR Manager - London - £40,000 + bonus

£32000 - £40000 per annum + bonus: Ashdown Group: HR Manager (Generalist) -Old...

Day In a Page

Secret politics of the weekly shop

The politics of the weekly shop

New app reveals political leanings of food companies
Beam me up, Scottie!

Beam me up, Scottie!

Celebrity Trekkies from Alex Salmond to Barack Obama
Beware Wet Paint: The ICA's latest ambitious exhibition

Beware Wet Paint

The ICA's latest ambitious exhibition
Pink Floyd have produced some of rock's greatest ever album covers

Pink Floyd have produced some of rock's greatest ever album covers

Can 'The Endless River' carry on the tradition?
Sanctuary for the suicidal

Sanctuary for the suicidal

One mother's story of how London charity Maytree helped her son with his depression
A roller-coaster tale from the 'voice of a generation'

Not That Kind of Girl:

A roller-coaster tale from 'voice of a generation' Lena Dunham
London is not bedlam or a cradle of vice. In fact it, as much as anywhere, deserves independence

London is not bedlam or a cradle of vice

In fact it, as much as anywhere, deserves independence
Vivienne Westwood 'didn’t want' relationship with Malcolm McLaren

Vivienne Westwood 'didn’t want' relationship with McLaren

Designer 'felt pressured' into going out with Sex Pistols manager
Jourdan Dunn: Model mother

Model mother

Jordan Dunn became one of the best-paid models in the world
Apple still coolest brand – despite U2 PR disaster

Apple still the coolest brand

Despite PR disaster of free U2 album
Scottish referendum: The Yes vote was the love that dared speak its name, but it was not to be

Despite the result, this is the end of the status quo

Boyd Tonkin on the fall-out from the Scottish referendum
Manolo Blahnik: The high priest of heels talks flats, Englishness, and why he loves Mary Beard

Manolo Blahnik: Flats, Englishness, and Mary Beard

The shoe designer who has been dubbed 'the patron saint of the stiletto'
The Beatles biographer reveals exclusive original manuscripts of some of the best pop songs ever written

Scrambled eggs and LSD

Behind The Beatles' lyrics - thanks to Hunter Davis's original manuscript copies
'Normcore' fashion: Blending in is the new standing out in latest catwalk non-trend

'Normcore': Blending in is the new standing out

Just when fashion was in grave danger of running out of trends, it only went and invented the non-trend. Rebecca Gonsalves investigates
Dance’s new leading ladies fight back: How female vocalists are now writing their own hits

New leading ladies of dance fight back

How female vocalists are now writing their own hits