CASE SUMMARIES v 23 October 1995

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

Crime

R v Beswick; CA (Cr Div) (Stuart-Smith LJ, Jowitt, Steel JJ) 14 August 1995.

A court should always seek to sentence an offender on a true basis. Thus the prosecution should not lend itself to any agreement with the defence (i.e. to accept a plea of guilty to a particular offence) founded on an unreal and untrue set of facts. If that occurred, the judge was entitled to direct the trial of an issue so he could determine the true factual basis. A prior agreement between prosecution and defence must therefore be considered as conditional upon the approval of the judge.

Tonia Grace (Registrar of Criminal Appeals) for the appellant; Mark Fireman (CPS Manchester) for the Crown. Neither counsel appeared below.

Disclosure

Re A (a minor); CA (Butler-Sloss, Simon Brown, Saville LJJ) 17 October 1995.

For documents in care proceedings in the Family Proceedings Court to be disclosed to the defence in a criminal trial in which the child concerned was a witness, the leave of the family court was required whether the application be made under r 4.23 of the Family Proceedings Rules 1991, s 12 of the Administration of Justice Act 1960 or the court's inherent jurisdiction. In considering whether to grant leave, the court had to balance the importance of maintaining confidentiality in family cases against the public interest in making relevant information available for a criminal trial. The purpose for which the information was required, its weight and significance, the importance of the child as a witness and the gravity of the offence with which the accused was charged were all relevant to that balancing exercise.

Peter Jackson (Venters & Co) for the applicant; Heather MacGregor (Philcox Gray) for the respondent.

Housing

R v Islington LBC, ex p Hind; CA (Peter Gibson, Otton LJJ, Sir Roger Parker) 17 October 1995.

In considering whether a housing authority had given adequate reasons, pursuant to s 64(4) of the Housing Act 1985, when notifying an applicant of its decision that he was intentionally homeless, it was necessary for the court to examine the decision letter in the context of the decision- making process and the findings of fact made by the authority. Although the authority should provide "proper, adequate and intelligible" reasons, it was not required in each case to separate fact from value judgement, or that it must first list its findings of fact and then set out the conclusions drawn therefrom.

Patrick Clarkson QC, Megan Thomas (Marie Rosenthal, Islington) for the authority; James Bowen (Wilson & Co) for the applicant.

Insolvency

Re Cancol Ltd; ChD (Knox J) 4 October 1995.

Future rent under an existing lease was not incapable of being included in a company voluntary arrangement.

Stephen Schaw Miller (Abbott King & Troen) for the applicant; Jonathan Nash (Lovell White Durrant) for the respondents.

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

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
The 12 ways of Christmas: Spare a thought for those who will be working to keep others safe during the festive season

The 12 ways of Christmas

We speak to a dozen people who will be working to keep others safe, happy and healthy over the holidays
Birdwatching men have a lot in common with their feathered friends, new study shows

The male exhibits strange behaviour

A new study shows that birdwatching men have a lot in common with their feathered friends...
Diaries of Evelyn Waugh, Virginia Woolf and Noël Coward reveal how they coped with the December blues

Famous diaries: Christmas week in history

Noël Coward parties into the night, Alan Clark bemoans the cost of servants, Evelyn Waugh ponders his drinking…
From noble to narky, the fall of the open letter

From noble to narky, the fall of the open letter

The great tradition of St Paul and Zola reached its nadir with a hungry worker's rant to Russell Brand, says DJ Taylor
A Christmas ghost story by Alison Moore: A prodigal daughter has a breakthrough

A Christmas ghost story by Alison Moore

The story was published earlier this month in 'Poor Souls' Light: Seven Curious Tales'
Marian Keyes: The author on her pre-approved Christmas, true love's parking implications and living in the moment

Marian Keyes

The author on her pre-approved Christmas, true love's parking implications and living in the moment
Bill Granger recipes: Our chef creates an Italian-inspired fish feast for Christmas Eve

Bill Granger's Christmas Eve fish feast

Bill's Italian friends introduced him to the Roman Catholic custom of a lavish fish supper on Christmas Eve. Here, he gives the tradition his own spin…
Liverpool vs Arsenal: Brendan Rodgers is fighting for his reputation

Rodgers fights for his reputation

Liverpool manager tries to stay on his feet despite waves of criticism
Amir Khan: 'The Taliban can threaten me but I must speak out... innocent kids, killed over nothing. It’s sick in the mind'

Amir Khan attacks the Taliban

'They can threaten me but I must speak out... innocent kids, killed over nothing. It’s sick in the mind'
Michael Calvin: Sepp Blatter is my man of the year in sport. Bring on 2015, quick

Michael Calvin's Last Word

Sepp Blatter is my man of the year in sport. Bring on 2015, quick