CASE SUMMARIES v 3 March 1997
Davidson v Strong; QB Div Ct (Lord Bingham CJ, Moses J) 29 Jan 1997.
The offence under art 5 of the Welfare of Animals at Markets Order 1990 was one of strict liability. The prosecution must prove first that the animal was unfit and second that the defendant had knowingly allowed it to be exposed for sale. The defence of lawful authority or excuse was available if he could show that the animal was not unfit or that he had reasonable grounds for believing that it was fit.
David Cocks QC, Nicholas Elcombe (Thompson, Smith & Puxon, Colchester) for the appellant; Paul Sadarevian (Marshall, Sutton & Jones, Colchester) for the respondent.
R v Choudhury; CA (Cr Div) (Stuart-Smith LJ, Forbes, Smedley JJ) 5 Feb 1997.
The general statement on the construction of s 9(1) of the Interception of Communications Act 1986 by the Court of Appeal in R v Effick (1992) 95 Cr App R 427, that it did not prevent the admission of the product of a telephone intercept to which the Act applied, was to be modified only to the extent that it related to a warranted intercept. Section 9(1)(a) was not sufficient in iteself to prevent admissibility of the substance of consensual interception. Since, on the question of admissibility, the fact that the evidence might have been obtained unlawfully was irrelevant, cross-examination to show that the intercept was not consensual could not be entertained, quite apart from s 9(1)(a).
John Spencer QC (Middleweeks, Manchester) for the appellant; Bernard Levell (CPS) for the Crown.
Sarsfield (HMIT) v Dixons Group plc; ChD (Lightman J) 3 Jan 1997.
A company which provided transport services for a retail chain of shops operated by another member of the same group of companies was entitled to capital allowances for industrial buildings or structures for costs incurred in providing warehouse accommodation. The buildings were industrial buildings within s 7(1) of the Capital Allowances Act 1968 and were not disqualified as being used for purposes "ancillary to any retail shop" within s 7(3). The transport company was carrying out a business separate from the retail shops.
Michael Furness (Inland Revenue); Rex Bretten QC, Stephen Brandon QC (Titmuss Sainer Dechert) for Dixons.
- 1 Forget 'The Dress': Here are five of the biggest news stories you might have missed
- 2 The black and blue dress: Makers considering a white and gold version
- 3 Prince Harry leaving the armed forced to pursue conservation projects in Africa
- 4 PornHub turns masturbation into energy in bid to save the planet
Boris Nemtsov shot dead: Outspoken Putin critic who had expressed fears for his life is killed near the Kremlin
Leonard Nimoy dead: Star Trek Spock actor dies after suffering lung disease
PornHub turns masturbation into energy in bid to save the planet
Ukraine crisis: Top Chinese diplomat backs Putin, says West should 'abandon zero-sum mentality'
White and gold or blue and black – what colour is the dress? An eyewitness gives a definitive answer
New theory could prove how life began and disprove God
Half of Ukip voters say they are prejudiced against people of other races
'Cash for access' scandal: Sir Malcolm Rifkind says 'unrealistic' for MPs to live on £67,000 salary
This is what it's like to be dead, according to a guy who died for a bit
'Jihadi John': CAGE representative storms off Sky News accusing Kay Burley of Islamophobia
Aqsa Mahmood branded a 'disgrace' by her parents after claims she recruited three UK girls flying to Middle East
Negotiable: Recruitment Genius: Have you been doing a brilliant job in an admi...
£26,498 - £31,556: Surrey County Council: We are looking for an outgoing, conf...
£50000 - £60000 per annum: Recruitment Genius: Are you an innovative, senior H...
£20000 - £22000 per annum: Recruitment Genius: Our client, a very well respect...