CASE SUMMARIES: 9 October 1995

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


R v Green; CA(Crim Div)(Otton LJ, Rougier, Waller JJ); 15 September 1995

The appellant, convicted of robbery, appealed on the ground that his counsel had advised him not to give evidence, and thereby he had been deprived of that right. The mere fact that counsel may make a decision or take a course which later appears to be mistaken or ill advised or "merely cautious" can rarely be regarded as a proper basis for allowing an appeal. Even if the decision was mistaken it could not possibly be regarded as incompetent, let alone flagrantly incompetent advocacy, so as to raise a lurking doubt that the appellant might have suffered some injustice so as to render the verdict unsafe and unsatisfactory.

Anthony Edie, who did not appear below (Registrar of Criminal Appeals) for the appellant; Alison Baker (CPS) for the Crown.


Graham and ors v Secretary of State for Social Security and anor; ECJ; 11 August 1995

Where, pursuant to article 7(1)(a) of Council Directive 79/7, a member state had set the pensionable age for women at 60 and that for men at 65, that provision also allowed it (1) to provide that the rate of invalidity pension payable to persons becoming incapacitated for work before they reached pensionable age was to be limited to the actual rate of retirement pension from the age of 60 in the case of women and 65 in the case of men and (2) to reserve entitlement to invalidity allowance, payable in addition to invalidity pension, to those persons who were under 55 in the case of women and under 60 in the case of men, at the time when they first became incapacitated for work. The discrimination was objectively and necessarily linked to the setting of different pensionable ages for women and men and did not contravene Community law where such forms of discrimination were objectively necessary in order to avoid disturbing the financial equilibrium of the social security system or to ensure coherence between the retirement pension scheme and other benefit schemes.


R v Rankin; CA(Crim Div)(Swinton Thomas LJ, McCullough, Newman JJ); 26 July 1995

A decision under s 78 of the Police and Criminal Evidence Act 1984 that evidence ought not to be excluded is a decision only about the effects of its admission on the fairness of the proceedings. The weight to be attached to it, if admitted, is a matter for the jury or the judge himself should a submission be made at the close of the case for the prosecution.

Paul Lewis (Registrar of Criminal Appeals) for the appellant; Richard Twomlow (CPS) for the Crown.


Societe d'Informatique Service Realisation Organisation v Ampersand Software BV; ECJ; 11 August 1995

Uniform application of the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968, as amended, in all the contracting states precluded parties against whom enforcement was sought in some states from enjoying greater procedural possibilities than in other contracting states for delaying the enforcement of an enforceable judgment given in the contracting state of origin. Articles 37 and 38, as amended, were to be interpreted as meaning that a decision by which a court, seised on an appeal against authorisation to enforce an enforceable judgment of a court in another contracting state, refused a stay or lifted a stay previously ordered, could not be contested by an appeal limited to the examination of a point of law.


Groupement National des Negociants en Pommes de Terre de Belgique v ITM Belgium SA and anor; ECJ; 11 August 1995

Trade between member states was not likely to be impeded by the application to products from other member states of national provisions restricting or prohibiting certain selling arrangements, so long as the provisions applied to all relevant traders operating in the national territory and affected in the same manner, in law and in fact, the marketing of domestic products and those from other states. Legislation in a member state which prohibited traders from offering for sale or selling a product at a loss and which provided that any sale which yielded only a very low profit margin was to be treated as a sale at a loss did not constitute a measure equivalent to a quantitative restriction on imports between member states within article 30 of the EC Treaty.

CORRECTION: The title of the law report published on 28 September should have been S (a minor) v Special Educational Needs Tribunal, as the court made an order to preserve the child's anonymity. Counsel for the education authority was Tanya Callman.

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

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs People

Recruitment Genius: HR Manager

£36000 - £45000 per annum: Recruitment Genius: This is an exciting opportunity...

Ashdown Group: HR Manager Shared Services - Uxbridge, - 1 Year contract

£50000 per annum: Ashdown Group: HR Manager Shared Services - Uxbridge, Stock...

Recruitment Genius: Graduate Human Resource Officer and Executive Assistant

Negotiable: Recruitment Genius: This is an exciting opportunity to join one of...

Ashdown Group: HR Assistant (Events business) - Central Manchester - £20K

£18000 - £20000 per annum + Benefits: Ashdown Group: HR Assistant (Events busi...

Day In a Page

General Election 2015: Ed Miliband's unlikely journey from hapless geek to heart-throb

Miliband's unlikely journey from hapless geek to heart-throb

He was meant to be Labour's biggest handicap - but has become almost an asset
General Election 2015: A guide to the smaller parties, from the the National Health Action Party to the Church of the Militant Elvis Party

On the margins

From Militant Elvis to Women's Equality: a guide to the underdogs standing in the election
Amr Darrag: Ex-Muslim Brotherhood minister in exile still believes Egypt's military regime can be replaced with 'moderate' Islamic rule

'This is the battle of young Egypt for the future of our country'

Ex-Muslim Brotherhood minister Amr Darrag still believes the opposition can rid Egypt of its military regime and replace it with 'moderate' Islamic rule, he tells Robert Fisk
Why patients must rely less on doctors: Improving our own health is the 'blockbuster drug of the century'

Why patients must rely less on doctors

Improving our own health is the 'blockbuster drug of the century'
Sarah Lucas is the perfect artist to represent Britain at the Venice Biennale

Flesh in Venice

Sarah Lucas has filled the British pavilion at the Venice Biennale with slinky cats and casts of her female friends' private parts. It makes you proud to be a woman, says Karen Wright
11 best anti-ageing day creams

11 best anti-ageing day creams

Slow down the ageing process with one of these high-performance, hardworking anti-agers
Juventus 2 Real Madrid 1: Five things we learnt, including Iker Casillas is past it and Carlos Tevez remains effective

Juventus vs Real Madrid

Five things we learnt from the Italian's Champions League first leg win over the Spanish giants
Ashes 2015: Test series looks a lost cause for England... whoever takes over as ECB director of cricket

Ashes series looks a lost cause for England...

Whoever takes over as ECB director of cricket, says Stephen Brenkley
Fishing for votes with Nigel Farage: The Ukip leader shows how he can work an audience as he casts his line to the disaffected of Grimsby

Fishing is on Nigel Farage's mind

Ukip leader casts a line to the disaffected
Who is bombing whom in the Middle East? It's amazing they don't all hit each other

Who is bombing whom in the Middle East?

Robert Fisk untangles the countries and factions
China's influence on fashion: At the top of the game both creatively and commercially

China's influence on fashion

At the top of the game both creatively and commercially
Lord O’Donnell: Former cabinet secretary on the election and life away from the levers of power

The man known as GOD has a reputation for getting the job done

Lord O'Donnell's three principles of rule
Rainbow shades: It's all bright on the night

Rainbow shades

It's all bright on the night
'It was first time I had ever tasted chocolate. I kept a piece, and when Amsterdam was liberated, I gave it to the first Allied soldier I saw'

Bread from heaven

Dutch survivors thank RAF for World War II drop that saved millions
Britain will be 'run for the wealthy and powerful' if Tories retain power - Labour

How 'the Axe' helped Labour

UK will be 'run for the wealthy and powerful' if Tories retain power