CASE SUMMARIES v 20 November 1995

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

Asylum

M v Secretary of State for the Home Department; CA (Butler-Sloss, Millett, Ward LJJ); 24 Oct 1995

A person who put forward a fraudulent and baseless claim for asylum might be guilty of an attempt to pervert the course of justice and, in theory at least, at risk not only of having his claim dismissed but of finding himself the subject of criminal proceedings; but he was not thereby deprived of the protection of the 1951 Convention and 1967 Protocol relating to the Status of Refugees. However, the fact that he had put forward a fraudulent and baseless claim would deprive him of much of his credibility in establishing thereafter that he had a well-founded fear of persecution for one of the reasons set out in the Convention.

Andrew Nicol QC, John Walsh (Hereward & Foster, North Woolwich) for the applicant; Robin Tam (Treasury Solicitor) for the Home Secretary.

Contract

Taylor v Bhail; CA (Sir Stephen Brown P, Russell, Millett LJJ); 1 Nov 1995

The parties to a contract to repair a gale-damaged wall agreed to an inflated estimate in order to recover an extra sum of money from the insurance company on whom a claim was to be made. When a dispute arose over payment, the court held that the plaintiff could not rely on the contract because it was vitiated by illegality, and it was unrealistic to regard the agreement as a building contract with a separate agreement to defraud. It was clearly a single indivisible arrangement tainted by fraud which the law would refuse to enforce. The clear message to commercial men was that parties conspiring to defraud insurance companies could not expect the courts to uphold their contracts.

The defendant in person; Paul Harris (Keith Hall Juviller) for the plaintiff; Timothy Brennan (Treasury Solicitor) as amicus curiae.

Fraudulent trading

R v Smith (Wallace); CA (Crim Div) (Rose LJ, Jowitt, Moore-Bick JJ); 3 Nov 1995

An offence under s 458 of the Companies Act 1986 (fraudulent trading) was a continuing one and if trading was carried on fraudulently, future as well as present creditors might be prejudiced. The word "creditor" in s 458, in its ordinary meaning, denoted one to whom money was owed; whether that debt could at present be sued for was immaterial. English courts had jurisdiction to try an offence contrary to s 15 of the Theft Act 1968 (dishonestly obtaining property by deception) where the deception practised by the defendant was within the jurisdiction in respect of funds transferred from one bank abroad to another based abroad where the transactions were operated by the defendant in and from England.

William Clegg QC, Simon Stafford-Michael (Registrar of Criminal Appeals) for the appellant; Timothy Barnes QC, Stuart Lawson-Rogers QC, Susan Reed (SFO) for the Crown.

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

HR Advisor - North London / North West London

£30000 - £35000 per annum + Benefits: Ashdown Group: HR Advisor - North London...

Finance Manager - Recruitment Business (Media & Entertainment)

£28000 - £32000 per annum + negotiable: Sauce Recruitment: We have an exciting...

HR Advisor - North London / North West London

£30000 - £35000 per annum + Benefits: Ashdown Group: HR Advisor - North London...

HR Advisor - North London / North West London

£30000 - £35000 per annum + Benefits: Ashdown Group: HR Advisor - North London...

Day In a Page

Oscar Pistorius sentencing: The athlete's wealth and notoriety have provoked a long overdue debate on South African prisons

'They poured water on, then electrified me...'

If Oscar Pistorius is sent to jail, his experience will not be that of other inmates
James Wharton: The former Guard now fighting discrimination against gay soldiers

The former Guard now fighting discrimination against gay soldiers

Life after the Army has brought new battles for the LGBT activist James Wharton
Ebola in the US: Panic over the virus threatens to infect President Obama's midterms

Panic over Ebola threatens to infect the midterms

Just one person has died, yet November's elections may be affected by what Republicans call 'Obama's Katrina', says Rupert Cornwell
Premier League coaches join the RSC to swap the tricks of their trades

Darling, you were fabulous! But offside...

Premier League coaches are joining the RSC to learn acting skills, and in turn they will teach its actors to play football. Nick Clark finds out why
How to dress with authority: Kirsty Wark and Camila Batmanghelidjh discuss the changing role of fashion in women's workwear

How to dress with authority

Kirsty Wark and Camila Batmanghelidjh discuss the changing role of fashion in women's workwear
New book on Joy Division's Ian Curtis sheds new light on the life of the late singer

New book on Ian Curtis sheds fresh light on the life of the late singer

'Joy Division were making art... Ian was for real' says author Jon Savage
Sean Harris: A rare interview with British acting's secret weapon

Sean Harris: A rare interview with British acting's secret weapon

The Bafta-winner talks Hollywood, being branded a psycho, and how Barbra Streisand is his true inspiration
Tim Minchin, interview: The musician, comedian and world's favourite ginger is on scorching form

Tim Minchin interview

For a no-holds-barred comedian who is scathing about woolly thinking and oppressive religiosity, he is surprisingly gentle in person
Boris Johnson's boozing won't win the puritan vote

Boris's boozing won't win the puritan vote

Many of us Brits still disapprove of conspicuous consumption – it's the way we were raised, says DJ Taylor
Ash frontman Tim Wheeler reveals how he came to terms with his father's dementia

Tim Wheeler: Alzheimer's, memories and my dad

Wheeler's dad suffered from Alzheimer's for three years. When he died, there was only one way the Ash frontman knew how to respond: with a heartfelt solo album
Hugh Bonneville & Peter James: 'Peter loves his classic cars; I've always pootled along fine with a Mini Metro. I think I lack his panache'

How We Met: Hugh Bonneville & Peter James

'Peter loves his classic cars; I've always pootled along fine with a Mini Metro. I think I lack his panache'
Bill Granger recipes: Our chef's heavenly crab dishes don't need hours of preparation

Bill Granger's heavenly crab recipes

Scared off by the strain of shelling a crab? Let a fishmonger do the hard work so you can focus on getting the flavours right
Radamel Falcao: How faith and love drive the Colombian to glory

Radamel Falcao: How faith and love drive the Colombian to glory

After a remarkable conversion from reckless defender to prolific striker, Monaco's ace says he wants to make his loan deal at Old Trafford permanent
Terry Venables: Premier League managers must not be allowed to dictate who plays and who does not play for England

Terry Venables column

Premier League managers must not be allowed to dictate who plays and who does not play for England
The Inside Word: Brendan Rodgers looks to the future while Roy Hodgson is ghost of seasons past

Michael Calvin's Inside Word

Brendan Rodgers looks to the future while Roy Hodgson is ghost of seasons past