CASE SUMMARIES 18 December 1995

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

Damages

Birse Construction Ltd v Haiste Ltd and ors; CA (Nourse, Roch LJJ, Sir John May); 5 Dec 1995

On the true construction of s 1(1) of the Civil Liability (Contribution) Act 1978, which provided that "any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage", the words "the same damage" meant damage suffered by the same person.

Richard Gray QC (Fenwick Elliott) for the appellant; Robert Akenhead QC, Adrian Williamson (Alastair Thomson & Partners) for the respondent.

Insolvency

Doorbar v Alltime Securities Ltd; CA(Hirst, Peter Gibson LJJ, Forbes J); 30 Nov 1995

Where, at a creditors' meeting to approve a voluntary arrangement, the chairman "agreed" under r5.17(3) of the Insolvency Rules 1986 (SI no 1925) to put an estimated minimum value on a creditor's unliquidated or unascertained debt so as to entitle that creditor to vote at the meeting, he was doing no more than expressing his willingness to put that value on the debt. It was not necessary for him actually to reach an agreement as to the debt's value with the creditor or anyone else. It would materially diminish the utility of voluntary arrangements if creditors with such claims were free not to be bound by the arrangement simply by choosing not to agree a minimum value which was not to their liking.

Anthony Zacaroli (Isadore Goldman) for the debtor; Amanda Tipples (Tinklin Springall, Beckenham) for the creditor.

Insurance

Amey Properties Ltd v Cornhill Insurance plc; QBD(Comm Ct)(Tucker J); 7 Nov 1995

Where an insurance company wanted to defend an indemnity claim under a motor insurance policy by relying on a clause in the policy which required the vehicle to be kept in good repair, the insurance company had to prove that the insured had been negligent in the upkeep of the vehicle. The test of recklessness did not apply in motor insurance cases but applied in employer liability insurance and property insurance.

Alistair Schaff (Ince & Co) for the plaintiff; Roger Ter Haar QC (Beachcroft Stanleys) for the defendant.

Jurisdiction

Egon Olderndorff v Liberia Corpn; QBD(Comm Ct)(Clarke J); 16 Nov 1995

A contract made between a Japanese company and a German company was subject to art 3 of the Rome Convention 1980 even though the parties had not expressly agreed whether English or Japanese law was to apply because the plaintiff had demonstrated with reasonably certainty that the parties had intended English law to govern. As art 3 was similar to the position at common law a similar test could be applied. Therefore the fact that the contract expressly provided for arbitration in London, and was in a well-known English charter party which contained standard clauses with well-known meanings in English law, was sufficient for the contract to come within art 3 and accordingly be governed by English law.

Victor Lyon (Watson Farley & Williams) for the plaintiff; Graham Dunning (Holman Fenwick & Willan) for the defendant.

Pharmacies

R v Yorkshire Regional Health Authority, ex p Suri; ex p Gompels; CA (Russell, Thorpe, Ralph Gibson LJJ); 29 Nov 1995

The potential effect of the relocation of a pharmacist's premises upon the business of competitors providing pharmaceutical services in the same area was not something which a Family Health Services Authority should consider when deciding, under r 4(3) of the National Health Service (Pharmaceutical Services) Regulations 1992 (SI no 662), whether the change was a "minor relocation". The essential question for the committee was one of geography and topography and the fact that the relocation significantly affected a competitor did not prevent its being minor.

Eldred Tabachnik QC, Jonathan Fisher (Charles Russell); Alice Robinson (Charles Russell) for the applicants; Jonathan Harvie QC, Judith Beale (David F. Charlton, Nottingham) for Boots the chemists; Simon Hawkesworth QC, Keith Freeman (J.E. Perrett, Harrogate) for the health authority; Cherie Booth QC, Heather Cooper (Stephen W. Buckell, Tamworth) for Lloyds Retail Chemists.

Tax

MacArthur (inspector of taxes) v Greycoat Estates Mayfair Ltd; ChD (Sir John Vinelott); 6 Nov 1995

Yearly interest payable by a property company but agreed to be capitalised for a stated period was deductible from the company's profits under the Income and Corporation Taxes Act 1988, s 338 as a "charge on income". The relief afforded by s 338, and its predecessor s 248 of the Taxes Act 1970, was not limited to "short interest" as claimed by the Revenue.

Launcelot Henderson QC (Inland Revenue Solicitor) for the Crown; Andrew Park QC and Hugh McKay (Herbert Smith) for the taxpayer.

Value added tax

Customs and Excise Commissioners v Robert Gordon's College; HL (Lord Keith of Kinkel, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Steyn and Lord Hoffmann); 16 Nov 1995

A school, which was exempt from VAT in respect of supplies of education, did not make exempt self-supplies under the Value Added Tax Act 1994, sch 10, paras 5 and 6, when it started to use its sports facilities which it had developed on its own land, having waived VAT exemption with regard to the development. The school used the facilities under a non-exclusive licence agreement with a company, which had also waived exemption, to which it had granted a lease of the facilities. Under EC law, each transaction in the chain of supply was to be looked at separately for VAT purposes to ascertain the value added at each stage. The grant of a licence to the school was a taxable transaction and input tax could be recovered in respect of payment under the licence.

David Milne QC, Colin Tyre (Clyde & Co for Paull & Williamsons, Edinburgh) for the school; DRA Emslie QC and James Campbell (Customs & Excise Solicitor) for the Crown.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
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

The week Hollywood got scared and had to grow up a bit

The week Hollywood got scared and had to grow up a bit

Sony suffered a chorus of disapproval after it withdrew 'The Interview', but it's not too late for it to take a stand, says Joan Smith
From Widow Twankey to Mother Goose, how do the men who play panto dames get themselves ready for the performance of a lifetime?

Panto dames: before and after

From Widow Twankey to Mother Goose, how do the men who play panto dames get themselves ready for the performance of a lifetime?
Thirties murder mystery novel is surprise runaway Christmas hit

Thirties murder mystery novel is surprise runaway Christmas hit

Booksellers say readers are turning away from dark modern thrillers and back to the golden age of crime writing
Anne-Marie Huby: 'Charities deserve the best,' says founder of JustGiving

Anne-Marie Huby: 'Charities deserve the best'

Ten million of us have used the JustGiving website to donate to good causes. Its co-founder says that being dynamic is as important as being kind
The botanist who hunts for giant trees at Kew Gardens

The man who hunts giants

A Kew Gardens botanist has found 25 new large tree species - and he's sure there are more out there
The 12 ways of Christmas: Spare a thought for those who will be working to keep others safe during the festive season

The 12 ways of Christmas

We speak to a dozen people who will be working to keep others safe, happy and healthy over the holidays
Birdwatching men have a lot in common with their feathered friends, new study shows

The male exhibits strange behaviour

A new study shows that birdwatching men have a lot in common with their feathered friends...
Diaries of Evelyn Waugh, Virginia Woolf and Noël Coward reveal how they coped with the December blues

Famous diaries: Christmas week in history

Noël Coward parties into the night, Alan Clark bemoans the cost of servants, Evelyn Waugh ponders his drinking…
From noble to narky, the fall of the open letter

From noble to narky, the fall of the open letter

The great tradition of St Paul and Zola reached its nadir with a hungry worker's rant to Russell Brand, says DJ Taylor
A Christmas ghost story by Alison Moore: A prodigal daughter has a breakthrough

A Christmas ghost story by Alison Moore

The story was published earlier this month in 'Poor Souls' Light: Seven Curious Tales'
Marian Keyes: The author on her pre-approved Christmas, true love's parking implications and living in the moment

Marian Keyes

The author on her pre-approved Christmas, true love's parking implications and living in the moment
Bill Granger recipes: Our chef creates an Italian-inspired fish feast for Christmas Eve

Bill Granger's Christmas Eve fish feast

Bill's Italian friends introduced him to the Roman Catholic custom of a lavish fish supper on Christmas Eve. Here, he gives the tradition his own spin…
Liverpool vs Arsenal: Brendan Rodgers is fighting for his reputation

Rodgers fights for his reputation

Liverpool manager tries to stay on his feet despite waves of criticism
Amir Khan: 'The Taliban can threaten me but I must speak out... innocent kids, killed over nothing. It’s sick in the mind'

Amir Khan attacks the Taliban

'They can threaten me but I must speak out... innocent kids, killed over nothing. It’s sick in the mind'
Michael Calvin: Sepp Blatter is my man of the year in sport. Bring on 2015, quick

Michael Calvin's Last Word

Sepp Blatter is my man of the year in sport. Bring on 2015, quick