CASE SUMMARIES

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

Education

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

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orders, standard forms attached to an earlier Practice Direction ([1994] 4 All ER 52; [1994] 1 WLR 1233) have been superseded by new forms.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.

Racism

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.

Tax

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.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
News
ebooksNow available in paperback
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

Recruitment Genius: HR Manager

£25000 - £30000 per annum: Recruitment Genius: They are in need of a HR Manage...

h2 Recruit Ltd: Business Development Manager - HR Consultancy - £65,000 OTE

£35000 - £40000 per annum + £65,000 OTE: h2 Recruit Ltd: London, Birmingham, M...

Day In a Page

Calls for a military mental health 'quality mark'

Homeless Veterans campaign

Expert calls for military mental health 'quality mark'
Racton Man: Analysis shows famous skeleton was a 6ft Bronze Age superman

Meet Racton Man

Analysis shows famous skeleton was a 6ft Bronze Age superman
Garden Bridge: St Paul’s adds to £175m project’s troubled waters

Garden Bridge

St Paul’s adds to £175m project’s troubled waters
Stuff your own Christmas mouse ornament: An evening class in taxidermy with a festive feel

Stuff your own Christmas mouse ornament

An evening class in taxidermy with a festive feel
Joint Enterprise: The legal doctrine which critics say has caused hundreds of miscarriages of justice

Joint Enterprise

The legal doctrine which critics say has caused hundreds of miscarriages of justice
Freud and Eros: Love, Lust and Longing at the Freud Museum: Objects of Desire

Freud and Eros

Love, Lust and Longing at the Freud Museum
France's Front National and the fear of a ‘gay lobby’ around Marine Le Pen

Front National fear of ‘gay lobby’

Marine Le Pen appoints Sébastien Chenu as cultural adviser
'Enhanced interrogation techniques?' When language is distorted to hide state crimes

Robert Fisk on the CIA 'torture report'

Once again language is distorted in order to hide US state wrongdoing
Radio 1’s new chart host must placate the Swifties and Azaleans

Radio 1 to mediate between the Swifties and Azaleans

New chart host Clara Amfo must placate pop's fan armies
Homeless Veterans appeal: 'It's life, and not the Forces, that gets you'

Homeless Veterans appeal: 'It's life, and not the Forces, that gets you'

The head of Veterans Aid on how his charity is changing perceptions of ex-servicemen and women in need
Torture: It didn't work then, it doesn't work now

Torture: It didn't work then, it doesn't work now

Its use is always wrong and, despite CIA justifications post 9/11, the information obtained from it is invariably tainted, argues Patrick Cockburn
Rebranding Christmas: More public bodies are refusing to give the festival its name for fear of causing offence

Rebranding Christmas

More public bodies are refusing to give the festival its name for fear of causing offence. They are missing the point, and we all need to grow up
A Greek island - yours for the price of a London flat

A sun-kissed island - yours for the price of a London flat

Cash-strapped Greeks are selling off their slices of paradise
Pogues could enjoy fairytale Christmas No 1 thanks to digital streaming

Pogues could enjoy fairytale Christmas No 1 thanks to digital streaming

New system means that evergreen songs could top the festive charts
Prince of Wales: Gruff Rhys on his rock odyssey, and the trouble with independence

Prince of Wales: Gruff Rhys

He is a musician of wondrous oddity. He is on a perpetual quest to seek the lost tribes of the Welsh diaspora. Just don't ask Gruff Rhys if he's a national treasure...