CASE SUMMARIES

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

European law

R v MAFF ex p Hedley Lomas (Ire-land) Ltd (Case 237/94); ECJ; 23 May 1996.

A refusal to issue export licences to permit the applicant to export live sheep to Spain, on the ground that they would suffer treatment in Spanish slaughterhouses which was contrary to Directive (EC) 74/577 on stunning animals before slaughter, constituted a quantitative restriction on exports contrary to art 4 of the EC Treaty. Such a restriction on the free movement of goods could be justified under art 36 on the ground of protecting the health and life of animals, but not where, as here, EC Directives provided for the harmonisation of measures necessary to achieve this. One member state was not entitled to adopt on its own measures designed to obviate a breach by another member state of rules of Community law.

A member state was obliged to make reparation for damage caused to an individual by its breach of a rule of Community law where the rule infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal link between the breach and the damage sustained, such reparation to be made according to the state's domestic law on liability.

Misrepresentation

Soden v British and Commonwealth Holdings plc (in admin);CA (Russell, Hirst, Peter Gibson LJJ) 15 May 1996.

When a member of a company claimed damages for negligent misrepresentation by the company's directors as to its value, inducing him to purchase shares in the market, the damages were not due to him in his character of a member within the meaning of s 74(2)(f) of the Insolvency Act 1986. A sum due as damages for misrepresentation could not be said to be due by way of dividends profits or otherwise and dicta to the contrary in Re Addlestone Linoleum Co (1887) 37 Ch 191 were obiter. Leave to appeal to the House of Lords was granted.

Robin Potts QC, Dan Prentice (Cameron Markby) for the appellants; William Stubbs QC, Catherine Roberts (Stephenson Harwood) for the respondents.

Malicious falsehood

Allason v Campbell & ors; QBD (Sir Maurice Drake) 2 May 1996.

A claim for damages for malicious falsehood would not succeed, even if the plaintiff had established that the newspaper article concerned had been published falsely and with malice, if he was unable to show that he had suffered any financial loss as a result.

The plaintiff in person; Charles Gray QC, Heather Rogers (Theodore Goddard) for the defendants.

PROMOTED VIDEO
News
ebooksAn evocation of the conflict through the eyes of those who lived through it
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

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

iJobs Job Widget
iJobs People

HR Analyst - Banking - Bristol - £350-£400

£350 - £400 per day: Orgtel: HR Analyst - Banking - Bristol - £350 - £400 per ...

HR Manager - HR Generalist / Sole in HR

£30000 - £35000 per annum + benefits: Ashdown Group: HR Manager - HR Generalis...

Business Analyst - Banking - London - £350-£400

£350 - £400 per day: Orgtel: Business Analyst - Banking - People Change - Lond...

HR Manager - Milton Keynes - £50,000 + package

£48000 - £50000 per annum + car allowance + benefits: Ashdown Group: HR Shared...

Day In a Page

All this talk of an ‘apocalyptic’ threat is simply childish

Robert Fisk: All this talk of an ‘apocalyptic’ threat is simply childish

Chuck Hagel and Martin Dempsey were pure Hollywood. They only needed Tom Cruise
Mafia Dons: is the Camorra in control of the Granite City?

Mafia Dons: is the Camorra in control of the Granite City?

So claims an EU report which points to the Italian Mob’s alleged grip on everything from public works to property
Emmys look set to overhaul the Oscars as Hollywood’s prize draw

Emmys look set to overhaul the Oscars as Hollywood’s prize draw

Once the poor relation, the awards show now has the top stars and boasts the best drama
What happens to African migrants once they land in Italy during the summer?

What happens to migrants once they land in Italy?

Memphis Barker follows their trail through southern Europe
French connection: After 1,300 years, there’s a bridge to Mont Saint-Michel

French connection: After 1,300 years, there’s a bridge to Mont Saint-Michel

The ugly causeway is being dismantled, an elegant connection erected in its place. So everyone’s happy, right?
Frank Mugisha: Uganda's most outspoken gay rights activist on changing people's attitudes, coming out, and the threat of being attacked

Frank Mugisha: 'Coming out was a gradual process '

Uganda's most outspoken gay rights activist on changing people's attitudes, coming out, and the threat of being attacked
Radio 1 to hire 'YouTube-famous' vloggers to broadcast online

Radio 1’s new top ten

The ‘vloggers’ signed up to find twentysomething audience
David Abraham: Big ideas for the small screen

David Abraham: Big ideas for the small screen

A blistering attack on US influence on British television has lifted the savvy head of Channel 4 out of the shadows
Florence Knight's perfect picnic: Make the most of summer's last Bank Holiday weekend

Florence Knight's perfect picnic

Polpetto's head chef shares her favourite recipes from Iced Earl Grey tea to baked peaches, mascarpone & brown sugar meringues...
Horst P Horst: The fashion photography genius who inspired Madonna comes to the V&A

Horst P Horst comes to the V&A

The London's museum has delved into its archives to stage a far-reaching retrospective celebrating the photographer's six decades of creativity
Mark Hix recipes: Try our chef's summery soups for a real seasonal refresher

Mark Hix's summery soups

Soup isn’t just about comforting broths and steaming hot bowls...
Tim Sherwood column: 'It started as a three-horse race but turned into the Grand National'

Tim Sherwood column

I would have taken the Crystal Palace job if I’d been offered it soon after my interview... but the whole process dragged on so I had to pull out
Eden Hazard: Young, gifted... not yet perfect

Eden Hazard: Young, gifted... not yet perfect

Eden Hazard admits he is still below the level of Ronaldo and Messi but, after a breakthrough season, is ready to thrill Chelsea’s fans
Tim Howard: I’m an old dog. I don’t get too excited

Tim Howard: I’m an old dog. I don’t get too excited

The Everton and US goalkeeper was such a star at the World Cup that the President phoned to congratulate him... not that he knows what the fuss is all about
Match of the Day at 50: Show reminds us that even the most revered BBC institution may have a finite lifespan – thanks to the opposition

Tom Peck on Match of the Day at 50

The show reminds us that even the most revered BBC institution may have a finite lifespan – thanks to the opposition