Case Summaries: 9 December 1996

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

Bail

R v Liverpool City Magistrates' Court, ex p Santos; QB Div Ct (Staughton LJ, Tucker J) 15 Nov 1996.

Where a defendant failed to attend court on the date fixed for him to surrender to bail because his solicitor miscalculated the date, justices had to determine whether, in all the circumstances, the solicitor's mistake was a reasonable excuse for failure to attend, before exercising their discretion to institute proceedings under s 6(1) of the Bail Act 1976.

Clare Montgomery QC (R M Broudie, Liverpool) for the applicant.

Benefits

Alcott v DPP; QB Div Ct (Staughton LJ, Tucker J) 14 Nov 1996.

An appellant, whose partner was the signed claimant for their income support, could not argue that she was unable to comply with her legal obligation to pay outstanding financial penalties out of her income support because her partner refused to let her use it for that purpose, since the income support received by the appellant's partner was for both of them and the appellant was entitled to a share in that money to pay off her fines.

Richard Button (Marsh Ferriman & Cheale, Worthing) for the appellant.

Drugs

Re Agkurt; QB Div Ct (Schiemann LJ, Butterfield J) 20 Nov 1996.

The mere failure to include a copy of the Italian schedules specifying that heroin was a prohibited drug, while it might justify the Home Secretary in not proceeding further with an extradition request until such copy was furnished pursuant to a request for supplementary information, did not necessarily inhibit the magistrate from being satisfied that the authority to proceed related to an extradition crime. The magistrate might, by relying on a sworn statement for example, be satisfied that heroin was listed in the schedules.

Malcolm Fortune (Robin F Clark & Co, Gravesend) for the applicant; John Hardy (CPS) for the Italian government and governor of Brixton Prison.

Road traffic

Swan v Vehicle Inspectorate; QB Div Ct (Schiemann LJ, Butterfield J) 11 Nov 1996.

Time for laying informations ran from the date the person responsible for prosecuting became aware of the offence, not from when the investigating officer received an admission of guilt, since a person authorised to investigate whether an offence had been committed was not a prosecutor for the purposes of s 6(1) of the Road Traffic Offenders Act 1988. The fact that the appellant thought he was entitled to conclude that the officer had such authority made no difference.

John Gibson (Lester Dixon & Jeffcoate, Nuneaton) for the appellant; Patrick Sadd (Hamer Bell & Co, Worcester) for the respondent.

Tenancy

Esselte AB & anr v Pearl Assurance plc; CA (Stuart-Smith, Morritt LJJ, Sir John May) 8 Nov 1996.

Where during the course of a fixed term lease a tenant of an office building ceased to occupy it for the purpose of his business, Pt II of the Landlord & Tenant Act 1954 ceased to apply, thus causing the tenancy to expire on the contractual term date with no need for the tenant to serve a notice under s 27 of that Act or otherwise. The contrary decision in Longacre Securities Ltd v Electro Acoustic Industries Ltd [1990] 1 EGLR 91 (CA) was not to be followed, being inconsistent with earlier decisions (not cited in that case) of equal authority.

Paul Morgan QC (Geoffrey Delany, Peterborough) for the tenant; Jonathan Brock (Theodore Goddard) for the landlords.

Start your day with The Independent, sign up for daily news emails
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 - West London - £50,000

£40000 - £50000 per annum + bonus: Ashdown Group: HR Manager - West London - £...

Recruitment Genius: Recruitment & HR Administrator

£17000 - £18000 per annum: Recruitment Genius: This is an exciting opportunity...

Guru Careers: HR Manager / HR Business Partner

£55 - 65k (DOE) + Benefits: Guru Careers: A HR Manager / HR Business Partner i...

Recruitment Genius: Senior HR Assistant

£23000 - £25000 per annum: Recruitment Genius: The Company's vision is to be t...

Day In a Page

Greece says 'No': A night of huge celebrations in Athens as voters decisively back Tsipras and his anti-austerity stance in historic referendum

Greece referendum

Greeks say 'No' to austerity and plunge Europe into crisis
Ten years after the 7/7 terror attacks, is Britain an altered state?

7/7 bombings anniversary

Ten years after the terror attacks, is Britain an altered state?
Beautiful evening dresses are some of the loveliest Donatella has created

Versace haute couture review

Beautiful evening dresses are some of the loveliest Donatella has ever created
No hope and no jobs, so Gaza's young risk their lives, climb the fence and run for it

No hope and no jobs in Gaza

So the young risk their lives and run for it
Fashion apps: Retailers roll together shopping and social networking for mobile customers

Fashion apps

Retailers roll together shopping and social networking for mobile customers
The Greek referendum exposes a gaping hole at the heart of the European Union – its distinct lack of any genuine popular legitimacy

Gaping hole at the heart of the European Union

Treatment of Greece has shown up a lack of genuine legitimacy
Number of young homeless in Britain 'more than three times the official figures'

'Everything changed when I went to the hostel'

Number of young homeless people in Britain is 'more than three times the official figures'
Compton Cricket Club

Compton Cricket Club

Portraits of LA cricketers from notorious suburb to be displayed in London
London now the global money-laundering centre for the drug trade, says crime expert

Wlecome to London, drug money-laundering centre for the world

'Mexico is its heart and London is its head'
The Buddhist temple minutes from Centre Court that helps a winner keep on winning

The Buddhist temple minutes from Centre Court

It helps a winner keep on winning
Is this the future of flying: battery-powered planes made of plastic, and without flight decks?

Is this the future of flying?

Battery-powered planes made of plastic, and without flight decks
Isis are barbarians – but the Caliphate is a dream at the heart of all Muslim traditions

Isis are barbarians

but the Caliphate is an ancient Muslim ideal
The Brink's-Mat curse strikes again: three tons of stolen gold that brought only grief

Curse of Brink's Mat strikes again

Death of John 'Goldfinger' Palmer the latest killing related to 1983 heist
Greece debt crisis: 'The ministers talk to us about miracles' – why Greeks are cynical ahead of the bailout referendum

'The ministers talk to us about miracles'

Why Greeks are cynical ahead of the bailout referendum
Call of the wild: How science is learning to decode the way animals communicate

Call of the wild

How science is learning to decode the way animals communicate