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.

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

Project Manager (HR)- Bristol - Upto £400 p/day

£350 - £400 per annum + competitive: Orgtel: Project Manager (specializing in ...

HR Business Partner (Maternity Cover 12 Months)

£30000 - £34000 Per Annum 25 days holiday, Private healthcare: Clearwater Peop...

Project Manager (Procurement & Human Resources)

Unpaid: Cancer Research UK: If you’re a professional in project management, lo...

Geography Teacher

£85 - £140 per day: Randstad Education Cheshire: We require a teacher of Geogr...

Day In a Page

Save the tiger: The day America’s love of backyard tigers led to a horrific bloodbath

The day America’s love of backyard tigers led to a horrific bloodbath

With only six per cent of the US population of these amazing big cats held in zoos, the Zanesville incident in 2011 was inevitable
Samuel Beckett's biographer reveals secrets of the writer's time as a French Resistance spy

How Samuel Beckett became a French Resistance spy

As this year's Samuel Beckett festival opens in Enniskillen, James Knowlson, recalls how the Irish writer risked his life for liberty and narrowly escaped capture by the Gestapo
We will remember them: relatives still honour those who fought in the Great War

We will remember them

Relatives still honour those who fought in the Great War
Star Wars Episode VII is being shot on film - and now Kodak is launching a last-ditch bid to keep celluloid alive

Kodak's last-ditch bid to keep celluloid alive

Director J J Abrams and a few digital refuseniks shoot movies on film. Simon Usborne wonders what the fuss is about
Once stilted and melodramatic, Hollywood is giving acting in video games a makeover

Acting in video games gets a makeover

David Crookes meets two of the genre's most popular voices
Could our smartphones soon be diagnosing diseases via Health Kit and Google Fit?

Could smartphones soon be diagnosing diseases?

Health Kit and Google Fit have been described as "the beginning of a health revolution"
Ryanair has turned on the 'charm offensive' but can we learn to love the cut-price carrier again?

Can we learn to love Ryanair again?

Four recent travellers give their verdicts on the carrier's improved customer service
Billionaire founder of Spanx launches range of jeans that offers

Spanx launches range of jeans

The jeans come in two styles, multiple cuts and three washes and will go on sale in the UK in October
10 best over-ear headphones

Aural pleasure: 10 best over-ear headphones

Listen to your favourite tracks with this selection, offering everything from lambskin earmuffs to stainless steel
Commonwealth Games 2014: David Millar ready to serve up gold for his beloved Scotland in the end

Commonwealth Games

David Millar ready to serve up gold for his beloved Scotland in the end
UCI Mountain Bike World Cup 2014: Downhill all the way to the top for the Atherton siblings

UCI Mountain Bike World Cup

Downhill all the way to the top for the Atherton siblings
Save the tiger: The animals bred for bones on China’s tiger farms

The animals bred for bones on China’s tiger farms

The big cats kept in captivity to perform for paying audiences and then, when dead, their bodies used to fortify wine
A former custard factory, a Midlands bog and a Leeds cemetery all included in top 50 hidden spots in the UK

A former custard factory, a Midlands bog and a Leeds cemetery

Introducing the top 50 hidden spots in Britain
Ebola epidemic: Plagued by fear

Ebola epidemic: Plagued by fear

How a disease that has claimed fewer than 2,000 victims in its history has earned a place in the darkest corner of the public's imagination
Chris Pratt: From 'Parks and Recreation' to 'Guardians of the Galaxy'

From 'Parks and Recreation' to 'Guardians of the Galaxy'

He was homeless in Hawaii when he got his big break. Now the comic actor Chris Pratt is Hollywood's new favourite action star