Case Summaries; 15 November 1999

THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.

Highway

R v Secretary of State for the Environment, Transport and the Regions and anor, ex p Masters and anor; QBD, Crown Office List (Hooper J) 1 Oct 1999.

THE DEFINITION of byway in s 66(1) of the Wildlife and Countryside Act Act should be construed in a purposive manner, the purpose being to distinguish byways from ordinary roads. The definition did not seek to limit byways to those which were currently and actually used by the public mainly for the purpose for which footpaths and bridleways were used.

George Laurence QC, Louise Davies (Thrings & Long, Bath) for the applicants; John Hobson (Treasury Solicitor) for the Secretary of State; Edwin Simpson (Andrew North) for Somerset County Council.

Firearms

R v Chelmsford Crown Court, ex p Farrer; QBD, Crown Office List (Hooper J) 1 Oct 1999.

THE CROWN Court erred in its consideration of an appeal against the refusal to renew shotgun and firearm certificates in so far as it concentrated on the question whether an unauthorised person had been in unlawful possession of the guns. The court should instead have asked the question whether the guns were, in the circumstances, "stored securely so as to prevent, so far as is reasonably practicable, access to [them] by an unauthorised person" within the conditions laid down in rr 3(4) and 4(4) of the Firearms Rules 1989.

Richard Beckett QC, James Rankin (Farrer & Co) for the applicant; Bruce Silvester (Chief Executive, Essex County Council) for the respondent.

Judicial review

R v Bridgend County Borough Council, ex p Jones (t/a Shamrock Coaches); QBD, Crown Office List (Kay J) 1 Oct 1999.

THE FACT that a public body carried out a tendering process pursuant to mandatory statutory provisions brought the action of the public body within the ambit of judicial review principles. The extent to which it did so depended on the wording, scheme and purpose of the particular statute.

Andrew Tabachnik (Edwards Geldard) for the applicant; Geoffrey Stevenson (S W Daniel) for the respondent.

Magistrates

R v Birmingham Youth Court, ex p F (a child); QBD, Div CT (Laws LJ, Potts J) 4 Oct 1999.

WHERE TWO male magistrates had presided over the trial of a 13-year-old in a youth court in breach of the requirement in r 12(1) of the Youth Courts (Constitution) Rules 1954 that the bench should also include a woman, and had failed to consider the exercise of their discretion under r 12(3) to proceed without a woman justice, the proceedings were a nullity. Had the members of the panel considered r 12(3), that would have had to be done in open court after hearing submissions from all parties.

John Price (Willcox Lane Clutterbuck) for the applicant; Peter Cooke (CPS, Birmingham) for the Crown.

VAT

North of England Zoological Society v Commissioners of Customs and Excise; QBD, Crown Office List (Carnwath J) 4 Oct 1999.

FOR A supply to be exempt from VAT as as a supply of education within item 1 of Gp 6 of Sch 9 of the Value Added Tax Act 1994 it had to consist of the provision of a course, class or less of instruction rather than a supply of education in the sense of an opportunity to broaden the mind.

Andrew Hitchmough (Arnheim Tite & Lewis) for the appellant; Philippa Whipple (Solicitor for the Customs & Excise) for the commissioners.

Waste disposal

The Environment Agency v Steve Parr Haulage and Plant Hire Ltd; QBD, Div Ct (Laws LJ, Potts J) 4 Oct 1999.

SINCE THE principal purpose of s 71of the Environmental Protection Act 1990 was enable the Environment Agency to collect information for a criminal prosecution, it followed that there was no requirement for it to prove that a respondent had moved controlled waste in order to require a response to a notice served under s 71(2) of the Act requiring information about the waste it had removed. Failure to respond to such a notice would, therefore, constitute a breach of s 71(3).

Matthew Cottrell (John Holmes, Warrington) for the appellant; Mark Laprell (Backhouses, Blackburn) for the respondent.

Start your day with The Independent, sign up for daily news emails
  • Get to the point
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

Ashdown Group: HR Manager Shared Services - Uxbridge, - 1 Year contract

£50000 per annum: Ashdown Group: HR Manager Shared Services - Uxbridge, Stock...

Recruitment Genius: Graduate Human Resource Officer and Executive Assistant

Negotiable: Recruitment Genius: This is an exciting opportunity to join one of...

Ashdown Group: HR Assistant (Events business) - Central Manchester - £20K

£18000 - £20000 per annum + Benefits: Ashdown Group: HR Assistant (Events busi...

Recruitment Genius: Project Engineer

Negotiable: Recruitment Genius: This privately-owned company designs and manuf...

Day In a Page

General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence
Public relations as 'art'? Surely not

Confessions of a former PR man

The 'art' of public relations is being celebrated by the V&A museum, triggering some happy memories for DJ Taylor
Bill Granger recipes: Our chef succumbs to his sugar cravings with super-luxurious sweet treats

Bill Granger's luxurious sweet treats

Our chef loves to stop for 30 minutes to catch up on the day's gossip, while nibbling on something sweet
London Marathon 2015: Paula Radcliffe and the mother of all goodbyes

The mother of all goodbyes

Paula Radcliffe's farewell to the London Marathon will be a family affair
Everton vs Manchester United: Steven Naismith demands 'better' if Toffees are to upset the odds against United

Steven Naismith: 'We know we must do better'

The Everton forward explains the reasons behind club's decline this season
Arsenal vs Chelsea: Praise to Arsene Wenger for having the courage of his convictions

Michael Calvin's Last Word

Praise to Wenger for having the courage of his convictions