Monday 04 November 1996
R v Harrow London Borough Council, ex p M; QBD (Turner J) 8 Oct 1996.
A local education authority was not relieved of the necessity of complying fully with a statement of special educational needs where that non-compliance derived from the failure of an area health authority to provide the requisite therapy, since s 168(5) of the Education Act 1993 made it clear that the duty was owed personally to the child and was not delegable.
Tim Kerr (David Levene & Co) for the applicants; Timothy Straker QC (Harrow Legal Services) for the respondents.
Practice Direction (Interlocutory orders for injunctions); Practice Direction (Ex parte Mareva injunctions & Anton Piller orders); Lord Bingham of Cornhill LCJ, Sir Stephen Brown P, Sir Richard Scott V-C; 28 Oct 1996.
In relation to interlocutory orders for injunctions, standard forms of order have been agreed for use in both the Chancery and Queen's Bench Divisions. All such orders made in the Chancery motions court or the Queen's Bench judge in chambers should now follow these forms. Whenever possible a draft should be provided and a disk containing the draft should also be available, thus enabling incorporation of amendments by the judge and arrangements for immediate sealing and entry of the order.
In relation to ex parte Mareva injunctions and Anton Piller orders, standard forms attached to an earlier Practice Direction ( 4 All ER 52;  1 WLR 1233) have been superseded by new forms.
Copies of both directions and the new forms annexed thereto can be obtained on disk by sending a newly formatted blank disk to Room TM 5.10, Royal Courts of Justice, Strand, London WC2A 2LL.
Burton & anr v De Vere Hotels; EAT (Smith J, R Chapman, Lord Gladwin) 18 Sept 1996.
The hotel group, as the employer of two young Afro-Caribbean waitresses at the Pennine Hotel, Derby, was liable to compensate them for subjecting them to racial harassment, contrary to s 4 of the Race Relations Act 1970, after it allowed the "comedian" Bernard Manning, while entertaining 400 members and guests of the City of Derby Round Table at the hotel, to make racially offensive remarks to them and encourage their abuse by guests. The event was sufficiently under the employer's control that it could by good management have prevented or reduced the harassment.
Laura Cox QC, Karon Monaghan (Khurshid Drabu) for the employees; Alan Wilkie QC (David Edwards, Warrington) for the employer.
R v O'Kane and Clarke (HMITs), ex p Northern Bank Ltd; QBD (Ferris J) 21 Aug 1996.
Notices served by tax inspectors under s 20(3) of the Taxes Management Act 1970 requiring information about the affairs of a taxpayer could request the production of documents only, not of information not contained in documents. Although documents in such a notice could be described by reference to a class, the documents described in the class must be readily identifiable and not require the recipient of the notice to consider whether or not a document fell into it.
David Goldberg QC, John Walters (Cameron Markby Hewitt) for the bank; Genevra Caws QC, Rabinder Singh (Inland Revenue Solicitor) for the Crown.
- 1 Migrant crisis: Greek soldier saved 20 people singlehandedly off Rhodes beach
- 2 Sofyen Belamouadden murder: The inside story of a crime that horrified Britain
- 3 Company breaks open Apple Watch to discover what it says is 'planned obsolescence'
- 4 Aaron and Melissa Klein: Oregon anti-gay bakers ordered to pay $135,000 after refusing to make cake for same-sex wedding
- 5 UK weather: Britain braced for snow as arctic air mass moves in
Migrant crisis: Greek soldier saved 20 people singlehandedly off Rhodes beach
Ian Brady: Moors murderer announces his support for Ukip and the SNP
Aaron and Melissa Klein: Oregon anti-gay bakers ordered to pay $135,000 after refusing to make cake for same-sex wedding
UK weather: Britain braced for snow as arctic air mass moves in
Bali Nine executions in Indonesia: Death row British grandmother Lindsay Sandiford says she 'just wants to get it over with'
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband
The sickening truth about food banks that the Tories don't want you to know
Migrant boat disaster: Ukip candidate mocks victims in sickening Twitter post
Nigel Farage wants the BBC to stop making programmes like Doctor Who, Strictly Come Dancing, and Top Gear
Global warming: Scientists say temperatures could rise by 6C by 2100 and call for action ahead of UN meeting in Paris
General Election 2015: Britain would become a 'communist dictatorship' under Ed Miliband and Nicola Sturgeon, claims wife of Michael Gove
£50000 per annum: Ashdown Group: HR Manager Shared Services - Uxbridge, Stock...
Negotiable: Recruitment Genius: This is an exciting opportunity to join one of...
£18000 - £20000 per annum + Benefits: Ashdown Group: HR Assistant (Events busi...
Negotiable: Recruitment Genius: This privately-owned company designs and manuf...