CASE SUMMARIES v 17 June 1996

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

Compensation

Porter v Secretary of State for Transport; CA (Stuart-Smith, Peter Gibson, Thorpe LJJ) 16 May 1996.

The issue by the Environment Secretary of a certificate of appropriate alternative development, on an appeal to him under s 18 of the Land Compensation Act 1961, could not give rise either to an issue estoppel or estoppel per rem judicatem which would bind the claimants and the acquiring authority (the Transport Secretary) in a subsequent assessment of compensation before the Lands Tribunal.

Michael Barnes QC, Christopher Katkowski (Treasury Solicitor) for the Transport Secretary; Malcolm Spence QC, Nicholas Nardecchia (Rooks Rider) for the respondents.

Defamation

Stern v Piper; CA (Hirst, Simon Brown LJJ, Sir Ralph Gibson) 21 May 1996

The repetition rule, that it was no defence to an action for defamation for the defendant to prove that he was merely repeating what he had been told, did not apply to the publication of extracts from an affirmation in a pending lawsuit. Although such a report of statements was essentially hearsay, and therefore prima facie within the rule, reports of affidavits or other court documents were not protected by privilege in the same way as reports of proceedings in open court. The judge erred in refusing to strike out the defendants' plea of justification; the defence of justification was not available.

James Price QC (Manches & Co) for the plaintiff; David Eady QC, Manuel Barca (Mishcon de Reya) for the defendants.

Mental health

R v Mental Health Review Tribunal ex p Pierce; QBD (Harrison J) 20 May 1996.

Where the tribunal was under a mandatory duty to discharge a patient under s 72(1)(b)(iii) of the Mental Health Act 1983, they could still direct that discharge be deferred under s 72(3). Had Parliament intended deferment only to apply to discretionary discharges, it would have so specified. But the court had grave misgivings as to whether a deferment during which a patient might receive treatment to which they were opposed, would be a lawful exercise of the power to defer.

Debbie Taylor (Galbraith Branley) for the applicant; Neil Garnham (Treasury Solicitor) for the respondent.

Murder

Lamey v The Queen; PC (Lord Keith, Lord Griffiths, Lord Jauncey, Lord Nicholls, Lord Steyn) 20 May 96.

A murder was committed in the course or furtherance of an act of terrorism, under s 2(1)(f) of the Offences Against the Person Law 1864 (as amended) of Jamaica, and was thus a capital murder, if the murderer had the double intent to murder and to create a state of fear in the public or a section thereof. The subsection did not apply to a murder committed with the sole intent of killing the victim whereby fear happened to be created in those who saw it take place or heard of it.

Owen Davies, Raza Husain (Simons Muirhead & Burton) for the appellant; James Guthrie QC (Charles Russell) for the Crown.

Planning

Cadogan v McCarthy & Stone (Developments) Ltd; CA (Butler-Sloss, Saville LJJ, Douglas Brown J) 16 May 1996.

Where landlords had to show that there was a reasonable prospect of obtaining planning permission, a reasonable prospect meant a real chance, a prospect that was strong enough to be acted on by a reasonable landlord minded to go ahead with plans which required permission, as opposed to a prospect that should be treated as merely fanciful or one that should sensibly be ignored by a reasonable landlord. In concluding that the landlords were more likely than not to get permission the judge applied the wrong test.

Edward Bannister QC, Guy Vickers (Solicitor, McCarthy & Stone) for the appellants; Nicholas Riddle, Nicholas Jackson (Healds, Southport) for the respondents.

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
and  

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

iJobs Job Widget
iJobs People

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...

Recruitment Genius: Project Engineer

Negotiable: Recruitment Genius: This privately-owned company designs and manuf...

Day In a Page

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

How a costume drama became a Sunday night staple
Miliband promises no stamp duty for first-time buyers as he pushes Tories on housing

Miliband promises no stamp duty for first-time buyers

Labour leader pushes Tories on housing
Aviation history is littered with grand failures - from the the Bristol Brabazon to Concorde - but what went wrong with the SuperJumbo?

Aviation history is littered with grand failures

But what went wrong with the SuperJumbo?
Fear of Putin, Islamists and immigration is giving rise to a new generation of Soviet-style 'iron curtains' right across Europe

Fortress Europe?

Fear of Putin, Islamists and immigration is giving rise to a new generation of 'iron curtains'
Never mind what you're wearing, it's what you're reclining on

Never mind what you're wearing

It's what you're reclining on that matters
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence