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 unforgettable anthology of contemporary reportage
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

Chief Executive

£28, 700: Whiskey Whiskey Tango: Property Management Company is seeking a brig...

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...

Day In a Page

Italian couples fake UK divorce scam on an ‘industrial scale’

Welcome to Maidenhead, the divorce capital of... Italy

A look at the the legal tourists who exploited our liberal dissolution rules
Tom and Jerry cartoons now carry a 'racial prejudice' warning on Amazon

Tom and Jerry cartoons now carry a 'racial prejudice' warning on Amazon

The vintage series has often been criticised for racial stereotyping
Llansanffraid is now Llansantffraid. Welsh town changes its name, but can you spot the difference?

Llansanffraid is now Llansantffraid

Welsh town changes its name, but can you spot the difference?
Sistine Chapel to ‘sing’ with new LED lights designed to bring Michelangelo’s masterpiece out of the shadows

Let there be light

Sistine Chapel to ‘sing’ with new LEDs designed to bring Michelangelo’s masterpiece out of the shadows
Great British Bake Off, semi-final, review: Richard remains the baker to beat

Tensions rise in Bake Off's pastry week

Richard remains the baker to beat as Chetna begins to flake
Paris Fashion Week, spring/summer 2015: Time travel fashion at Louis Vuitton in Paris

A look to the future

It's time travel fashion at Louis Vuitton in Paris
Ebola outbreak: The children orphaned by the virus – then rejected by surviving relatives over fear of infection

The children orphaned by Ebola...

... then rejected by surviving relatives over fear of infection
Pride: Are censors pandering to homophobia?

Are censors pandering to homophobia?

US film censors have ruled 'Pride' unfit for under-16s, though it contains no sex or violence
The magic of roundabouts

Lords of the rings

Just who are the Roundabout Appreciation Society?
Why do we like making lists?

Notes to self: Why do we like making lists?

Well it was good enough for Ancient Egyptians and Picasso...
Hong Kong protests: A good time to open a new restaurant?

A good time to open a new restaurant in Hong Kong?

As pro-democracy demonstrators hold firm, chef Rowley Leigh, who's in the city to open a new restaurant, says you couldn't hope to meet a nicer bunch
Paris Fashion Week: Karl Lagerfeld leads a feminist riot on 'Boulevard Chanel'

Paris Fashion Week

Lagerfeld leads a feminist riot on 'Boulevard Chanel'
Bruce Chatwin's Wales: One of the finest one-day walks in Britain

Simon Calder discovers Bruce Chatwin's Wales

One of the finest one-day walks you could hope for - in Britain
10 best children's nightwear

10 best children's nightwear

Make sure the kids stay cosy on cooler autumn nights in this selection of pjs, onesies and nighties
Manchester City vs Roma: Five things we learnt from City’s draw at the Etihad

Manchester City vs Roma

Five things we learnt from City’s Champions League draw at the Etihad