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.

PROMOTED VIDEO
News
ebooksAn unforgettable anthology of contemporary reportage
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

Chief Executive

£28, 700: Whiskey Whiskey Tango: Property Management Company is seeking a brig...

COO / Chief Operating Officer

£80 - 100k + Bonus: Guru Careers: A COO / Chief Operating Officer is needed to...

HR Manager - Kent - £45,000

£40000 - £45000 per annum: Ashdown Group: HR Manager / Training Manager (L&D /...

HR Manager - Edgware, London - £45,000

£40000 - £45000 per annum + Benefits: Ashdown Group: HR Manager - Edgware, Lon...

Day In a Page

Ebola outbreak: The children orphaned by the virus – then rejected by surviving relatives over fear of infection

The children orphaned by Ebola...

... then rejected by surviving relatives over fear of infection
Pride: Are censors pandering to homophobia?

Are censors pandering to homophobia?

US film censors have ruled 'Pride' unfit for under-16s, though it contains no sex or violence
The magic of roundabouts

Lords of the rings

Just who are the Roundabout Appreciation Society?
Why do we like making lists?

Notes to self: Why do we like making lists?

Well it was good enough for Ancient Egyptians and Picasso...
Hong Kong protests: A good time to open a new restaurant?

A good time to open a new restaurant in Hong Kong?

As pro-democracy demonstrators hold firm, chef Rowley Leigh, who's in the city to open a new restaurant, says you couldn't hope to meet a nicer bunch
Paris Fashion Week: Karl Lagerfeld leads a feminist riot on 'Boulevard Chanel'

Paris Fashion Week

Lagerfeld leads a feminist riot on 'Boulevard Chanel'
Bruce Chatwin's Wales: One of the finest one-day walks in Britain

Simon Calder discovers Bruce Chatwin's Wales

One of the finest one-day walks you could hope for - in Britain
10 best children's nightwear

10 best children's nightwear

Make sure the kids stay cosy on cooler autumn nights in this selection of pjs, onesies and nighties
Manchester City vs Roma: Five things we learnt from City’s draw at the Etihad

Manchester City vs Roma

Five things we learnt from City’s Champions League draw at the Etihad
Martin Hardy: Mike Ashley must act now and end the Alan Pardew reign

Trouble on the Tyne

Ashley must act now and end Pardew's reign at Newcastle, says Martin Hardy
Isis is an hour from Baghdad, the Iraq army has little chance against it, and air strikes won't help

Isis an hour away from Baghdad -

and with no sign of Iraq army being able to make a successful counter-attack
Turner Prize 2014 is frustratingly timid

Turner Prize 2014 is frustratingly timid

The exhibition nods to rich and potentially brilliant ideas, but steps back
Last chance to see: Half the world’s animals have disappeared over the last 40 years

Last chance to see...

The Earth’s animal wildlife population has halved in 40 years
So here's why teenagers are always grumpy - and it's not what you think

Truth behind teens' grumpiness

Early school hours mess with their biological clocks
Why can no one stop hackers putting celebrities' private photos online?

Hacked photos: the third wave

Why can no one stop hackers putting celebrities' private photos online?