CASE SUMMARIES v 14 October 1996

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

Broadcasting

R v Broadcasting Complaints Commission, ex p Barclay; QBD (Sedley J) 4 Oct 1996.

Section 143 of the Broadcasting Act 1990 unambiguously limited the power of the Broadcasting Complaints Commission so that it had no power to adjudicate on a complaint of infringement of privacy against the BBC where material had been obtained for inclusion in a programme yet to be broadcast. This was so even where once the programme had been broadcast the complaint was bound to succeed.

Geoffrey Robertson QC, Peter Duffy (Lovell White Durrant) for the applicants; Mark Shaw (Gregory Rowcliffe and Milners) for the respondents; Robert Englehart QC (BBC Litigation Department) for the BBC.

Capital allowances

Bradley (HMIT) v London Electricity plc; ChD (Blackburne J) 24 July 1996.

The taxpayer was not entitled to claim capital allowances for the whole of the capital expenditure incurred in providing an electrical substation in Leicester Square, because only part of the expenditure had been on plant, the rest on premises. The structure of the substation was premises in which trading activity was carried on rather than part of the apparatus with which it was carried on.

Michael Furness (Inland Revenue) for the Crown; Peter Whiteman QC (Denton Hall) for London Electricity.

Capital gains

Goodwin v Curtis (HMIT); ChD (Sir John Vinelott) 23 July 1996.

For the purpose of the exemption from capital gains tax for private residences under s 223 of the Taxation of Chargeable Gains Act 1992, a distinction was to be made between temporary accommodation and actual residence. A property which the taxpayer had occupied only for a short time as temporary accommodation, having put it on the market even before completion, could not be said to be his residence.

David Ewart (Alison Trent & Co) for the taxpayer; Timothy Brennan (Inland Revenue) for the Crown.

Children

Re S (A minor)(Care order: split hearing); Fam D (Bracewell J) 20 Aug 1996.

In cases involving children where where there were clear factual issues, such as sexual or physical abuse, which made them suitable for a split hearing, the first part dealing with the factual issues and the second part to determine the outcome based on those facts, it was important for local authorities and guardians ad litem to help the court to identify such cases at an early stage, so enabling the court to make appropriate directions for the filing of medical evidence, statements and reports, and to direct an early hearing on the factual issues.

Vexatious litigant

Jones v Van Colina; CA (Nourse, Roch, Schiemann LJJ) 30 July 1996.

Once a person, previously barred as a vexatious litigant from instituting or continuing proceedings without the leave of the court, was then granted such leave, ex parte, pursuant to s 42(3) of the Supreme Court Act 1981, the proposed defendant to the proceedings was neither a party to the application nor entitled to be joined as one, and was therefore unable to have such leave set aside. His recourse must be to make an application, under CCR Ord 13, r 5, or RSC Ord 18, r 19, to strike the proceedings out.

William Crowther QC, Paul Storey (Hooper & Wallen, Torquay) for the defendant; the plaintiff in person.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
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 Manager

£25000 - £30000 per annum: Recruitment Genius: They are in need of a HR Manage...

h2 Recruit Ltd: Business Development Manager - HR Consultancy - £65,000 OTE

£35000 - £40000 per annum + £65,000 OTE: h2 Recruit Ltd: London, Birmingham, M...

Day In a Page

Isis in Iraq: Yazidi girls killing themselves to escape rape and imprisonment by militants

'Jilan killed herself in the bathroom. She cut her wrists and hanged herself'

Yazidi girls killing themselves to escape rape and imprisonment
Ed Balls interview: 'If I think about the deficit when I'm playing the piano, it all goes wrong'

Ed Balls interview

'If I think about the deficit when I'm playing the piano, it all goes wrong'
He's behind you, dude!

US stars in UK panto

From David Hasselhoff to Jerry Hall
Grace Dent's Christmas Quiz: What are you – a festive curmudgeon or top of the tree?

Grace Dent's Christmas Quiz

What are you – a festive curmudgeon or top of the tree?
Nasa planning to build cloud cities in airships above Venus

Nasa planning to build cloud cities in airships above Venus

Planet’s surface is inhospitable to humans but 30 miles above it is almost perfect
Surrounded by high-rise flats is a little house filled with Lebanon’s history - clocks, rifles, frogmen’s uniforms and colonial helmets

Clocks, rifles, swords, frogmen’s uniforms

Surrounded by high-rise flats is a little house filled with Lebanon’s history
Return to Gaza: Four months on, the wounds left by Israel's bombardment have not yet healed

Four months after the bombardment, Gaza’s wounds are yet to heal

Kim Sengupta is reunited with a man whose plight mirrors the suffering of the Palestinian people
Gastric surgery: Is it really the answer to the UK's obesity epidemic?

Is gastric surgery really the answer to the UK's obesity epidemic?

Critics argue that it’s crazy to operate on healthy people just to stop them eating
Homeless Veterans appeal: Christmas charity auction Part 2 - now LIVE

Homeless Veterans appeal: Christmas charity auction

Bid on original art, or trips of a lifetime to Africa or the 'Corrie' set, and help Homeless Veterans
Pantomime rings the changes to welcome autistic theatre-goers

Autism-friendly theatre

Pantomime leads the pack in quest to welcome all
The week Hollywood got scared and had to grow up a bit

The week Hollywood got scared and had to grow up a bit

Sony suffered a chorus of disapproval after it withdrew 'The Interview', but it's not too late for it to take a stand, says Joan Smith
From Widow Twankey to Mother Goose, how do the men who play panto dames get themselves ready for the performance of a lifetime?

Panto dames: before and after

From Widow Twankey to Mother Goose, how do the men who play panto dames get themselves ready for the performance of a lifetime?
Thirties murder mystery novel is surprise runaway Christmas hit

Thirties murder mystery novel is surprise runaway Christmas hit

Booksellers say readers are turning away from dark modern thrillers and back to the golden age of crime writing
Anne-Marie Huby: 'Charities deserve the best,' says founder of JustGiving

Anne-Marie Huby: 'Charities deserve the best'

Ten million of us have used the JustGiving website to donate to good causes. Its co-founder says that being dynamic is as important as being kind
The botanist who hunts for giant trees at Kew Gardens

The man who hunts giants

A Kew Gardens botanist has found 25 new large tree species - and he's sure there are more out there