Case Summaries: 21 June 1999

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

Company

Re Lomax Leisure Ltd; Ch D (Neuberger J) 22 Apr 1999.

WHERE A tenant was a company in administration, or one in respect of which an administration petition had been presented, it was open to the landlord to forfeit the lease by peacable re-entry. His right of re-entry did not constitute a security over the company's property.

Jane Giret (Tibber Beauchamp-Ward) for the landlord; George Bompas QC, Peter Shaw (Penningtons) for the petitioning creditor.

Re Wilmott Trading Ltd (No 2); Henry v Environment Agency; Ch D (Neuberger J) 8 June 1999.

WHERE A company had been dissolved, a waste management licence vested in that company ceased to exist, and did not vest in the Crown as bona vacantia pursuant to s 654 of the Companies Act 1985.

Roger Kaye QC, Stephen Moverley Smith (Solr for the Environment Agency) for the agency; Michael Driscoll QC (Treasury Solr) for the Crown.

Practice

Maltez v Lewis and anor; Ch D (Neuberger J) 27 Apr 1999.

AN APPLICATION for a direction under the Civil Procedure Rules, r 12 that defendants be debarred from instructing leading and/or senior counsel was refused, since the well established and fundamental right of a party to be represented by counsel or solicitors of his choice had been neither cut down nor removed by the new rules.

Ralph Wehrle of Briffa & Co for the claimant; Peter Sheridan QC (Anthony Bernstein & Co) for the defendants.

Pensions

Law Debenture Trust Corp plc v Malley and anor; Ch D (Rimer J) 7 May 1999.

A FINDING by the Pensions Ombudsman of maladministration on the part of trustees of a pension scheme was a determination or a direction within the terms of s 151(4) of the Pension Schemes Act 1993 and could thus be challenged by way of appeal.

Sarah Asplin (John Yolland) for the Ombudsman; Paul Newman (Addleshaw Booth & Co, Manchester) for the trustees.

Magistrates' court

R v Nottingham Magistrates' Court, ex p Davidson; QBD, Div Ct (Lord Bingham CJ, Ognall J) 12 May 1999.

IT WOULD be valuable if a precedent were to be drafted so that a bench of magistrates considering a case which had been adjourned for pre-sentence reports by a different bench would be apprised of the previous bench's view as to whether the appropriate sentencing court was the magistrates' court or the Crown Court. Such a precedent should include an indication that the possibility of committal for sentence to the Crown Court always remained open.

Ian Wise (Bhattia & Sons, Not- tingham) for the applicant; Julie Warburton (CPS, Nottingham) for the Crown.

Child

Re J (a child); Fam D (Holman J) 28 May 1999.

WHEN DECIDING where a child was "ordinarily resident" for the purposes of s 31(8) of the Children Act 1989, s 105(6), which affected the determination of "ordinary residence", was not intended to have the effect that the clock stopped for all purposes when the child was first accommodated.

Rodger Hayward Smith QC, Jacqueline Humphreys (North Yorkshire County Council) for Yorkshire; James Munby QC (Wiltshire County Council) for Wiltshire.

Bank

Banco Santander SA v Bayfern Ltd and ors; QBD, Comm Ct (Langley J) 9 June 1999.

THE RISK of fraud on the part of the beneficiary of a confirmed deferred payment letter of credit was to be borne by the confirming bank, and not the issuing bank, where the fraud was known to the confirming bank before the maturity date.

Mark Hapgood QC, Roger Masefield (Stephenson Harwood) for the plaintiff; Mark Howard QC, Helen Davies (Norton Rose) for the third defendant.

Harassment

DPP v Moseley and ors; QBD, Div Ct (Roch LJ, Collins J) 9 June 1999.

CIRCUMSTANCES IN which the pursuit of a course of conduct amounting to harassment in breach of a High Court injunction could be held to be reasonable within the terms of s 1(3)(c) of the Protection from Harassment Act 1997 were impossible to envisage: it could not be right for a person to ignore the terms of an injunction because he believed his conduct was reasonable.

Neil Addison (CPS) for the DPP; Keir Starmer (Mary Cuneen, Liberty) for S and M; Jeremy Chipperfield (Keran & Co, Chesterfield) for W.

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

Recruitment Genius: HR and Payroll Manager

£35000 - £38000 per annum: Recruitment Genius: This dynamic outsourced contact...

Recruitment Genius: Production & Quality Control Assistant

£19000 - £21000 per annum: Recruitment Genius: An excellent opportunity for a ...

Ashdown Group: Group HR Advisor - Kettering - £32,000

£28000 - £32000 per annum: Ashdown Group: Group HR Advisor with an established...

Guru Careers: HR Manager / HR Generalist

£40 - 50k (DOE) + Bonus: Guru Careers: We are seeking a HR Manager / HR Genera...

Day In a Page

No postcode? No vote

Floating voters

How living on a houseboat meant I didn't officially 'exist'
Louis Theroux's affable Englishman routine begins to wear thin

By Reason of Insanity

Louis Theroux's affable Englishman routine begins to wear thin
Power dressing is back – but no shoulderpads!

Power dressing is back

But banish all thoughts of Eighties shoulderpads
Spanish stone-age cave paintings 'under threat' after being re-opened to the public

Spanish stone-age cave paintings in Altamira 'under threat'

Caves were re-opened to the public
'I was the bookies’ favourite to be first to leave the Cabinet'

Vince Cable interview

'I was the bookies’ favourite to be first to leave the Cabinet'
Election 2015: How many of the Government's coalition agreement promises have been kept?

Promises, promises

But how many coalition agreement pledges have been kept?
The Gaza fisherman who built his own reef - and was shot dead there by an Israeli gunboat

The death of a Gaza fisherman

He built his own reef, and was fatally shot there by an Israeli gunboat
Saudi Arabia's airstrikes in Yemen are fuelling the Gulf's fire

Saudi airstrikes are fuelling the Gulf's fire

Arab intervention in Yemen risks entrenching Sunni-Shia divide and handing a victory to Isis, says Patrick Cockburn
Zayn Malik's departure from One Direction shows the perils of fame in the age of social media

The only direction Zayn could go

We wince at the anguish of One Direction's fans, but Malik's departure shows the perils of fame in the age of social media
Young Magician of the Year 2015: Meet the schoolgirl from Newcastle who has her heart set on being the competition's first female winner

Spells like teen spirit

A 16-year-old from Newcastle has set her heart on being the first female to win Young Magician of the Year. Jonathan Owen meets her
Jonathan Anderson: If fashion is a cycle, this young man knows just how to ride it

If fashion is a cycle, this young man knows just how to ride it

British designer Jonathan Anderson is putting his stamp on venerable house Loewe
Number plates scheme could provide a licence to offend in the land of the free

Licence to offend in the land of the free

Cash-strapped states have hit on a way of making money out of drivers that may be in collision with the First Amendment, says Rupert Cornwell
From farm to fork: Meet the Cornish fishermen, vegetable-growers and butchers causing a stir in London's top restaurants

From farm to fork in Cornwall

One man is bringing together Cornwall's most accomplished growers, fishermen and butchers with London's best chefs to put the finest, freshest produce on the plates of some of the country’s best restaurants
Robert Parker interview: The world's top wine critic on tasting 10,000 bottles a year, absurd drinking notes and New World wannabes

Robert Parker interview

The world's top wine critic on tasting 10,000 bottles a year, absurd drinking notes and New World wannabes
Don't believe the stereotype - or should you?

Don't believe the stereotype - or should you?

We exaggerate regional traits and turn them into jokes - and those on the receiving end are in on it too, says DJ Taylor