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.

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

HR Manager - HR Generalist / Sole in HR

£30000 - £35000 per annum + benefits: Ashdown Group: HR Manager - HR Generalis...

Business Analyst - Banking - London - £350-£400

£350 - £400 per day: Orgtel: Business Analyst - Banking - People Change - Lond...

HR Manager - Milton Keynes - £50,000 + package

£48000 - £50000 per annum + car allowance + benefits: Ashdown Group: HR Shared...

Project Manager (HR) - Halifax - Upto £365 p/day

£315 - £365 per annum + competitive: Orgtel: Project Manager (specializing in ...

Day In a Page

Ferguson: In the heartlands of America, a descent into madness

A descent into madness in America's heartlands

David Usborne arrived in Ferguson, Missouri to be greeted by a scene more redolent of Gaza and Afghanistan
BBC’s filming of raid at Sir Cliff’s home ‘may be result of corruption’

BBC faces corruption allegation over its Sir Cliff police raid coverage

Reporter’s relationship with police under scrutiny as DG is summoned by MPs to explain extensive live broadcast of swoop on singer’s home
Lauded therapist Harley Mille still in limbo as battle to stay in Britain drags on

Lauded therapist still in limbo as battle to stay in Britain drags on

Australian Harley Miller is as frustrated by court delays as she is with the idiosyncrasies of immigration law
Lewis Fry Richardson's weather forecasts changed the world. But could his predictions of war do the same?

Lewis Fry Richardson's weather forecasts changed the world...

But could his predictions of war do the same?
Kate Bush asks fans not to take photos at her London gigs: 'I want to have contact with the audience, not iPhones'

'I want to have contact with the audience, not iPhones'

Kate Bush asks fans not to take photos at her London gigs
Under-35s have rated gardening in their top five favourite leisure activities, but why?

Young at hort

Under-35s have rated gardening in their top five favourite leisure activities. But why are so many people are swapping sweaty clubs for leafy shrubs?
Tim Vine, winner of the Funniest Joke of the Fringe award: 'making a quip as funny as possible is an art'

Beyond a joke

Tim Vine, winner of the Funniest Joke of the Fringe award, has nigh-on 200 in his act. So how are they conceived?
The late Peter O'Toole shines in 'Katherine of Alexandria' despite illness

The late Peter O'Toole shines in 'Katherine of Alexandria' despite illness

Sadly though, the Lawrence of Arabia star is not around to lend his own critique
Wicken Fen in Cambridgeshire: The joy of camping in a wetland nature reserve and sleeping under the stars

A wild night out

Wicken Fen in Cambridgeshire offers a rare chance to camp in a wetland nature reserve
Comic Sans for Cancer exhibition: It’s the font that’s openly ridiculed for its jaunty style, but figures of fun have their fans

Comic Sans for Cancer exhibition

It’s the font that’s openly ridiculed for its jaunty style, but figures of fun have their fans
Besiktas vs Arsenal: Five things we learnt from the Champions League first-leg tie

Besiktas vs Arsenal

Five things we learnt from the Champions League first-leg tie
Rory McIlroy a smash hit on the US talk show circuit

Rory McIlroy a smash hit on the US talk show circuit

As the Northern Irishman prepares for the Barclays, he finds time to appear on TV in the States, where he’s now such a global superstar that he needs no introduction
Boy racer Max Verstappen stays relaxed over step up to Formula One

Boy racer Max Verstappen stays relaxed over step up to F1

The 16-year-old will become the sport’s youngest-ever driver when he makes his debut for Toro Rosso next season
Fear brings the enemies of Isis together at last

Fear brings the enemies of Isis together at last

But belated attempts to unite will be to no avail if the Sunni caliphate remains strong in Syria, says Patrick Cockburn
Charlie Gilmour: 'I wondered if I would end up killing myself in jail'

Charlie Gilmour: 'I wondered if I'd end up killing myself in jail'

Following last week's report on prison suicides, the former inmate asks how much progress we have made in the 50 years since the abolition of capital punishment