CASE SUMMARIES v 30 October 1995

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

Copyright

Cala Homes (South) Ltd & ors v Alfred McAlpine Homes East Ltd; ChD (Laddie J) 20 Oct 1995.

A plaintiff had the right to pursue a claim for additional damages under s 97(2) of the Copyright, Designs & Patents Act 1988 even if he had elected an account of profits as the primary mechanism for obtaining financial remedies for the infringement of his copyright.

Martin Howe (Frere Cholmeley Bischoff) for the plaintiffs; Geoffrey Hobbs QC, Denise McFarland (Edward Lewis) for the defendant.

Jurisdiction

R v Lambeth LBC, ex p Thompson; QBD (Collins J) 12 Oct 1995.

The High Court could not entertain an application for judicial review brought by a council employee who had been dismissed. That there might be irregularities in the procedures followed by the council in rescinding the decision of its appeals committee, which had allowed the employee's appeal, was not a matter of public law but one of private law for an industrial tribunal to deal with.

Ashitey Ollennu (Stockwell & Clapham Law Centre) for the employee; Anthony Bradley (Lambeth Legal Services) for the council.

Practice

Thermawear Ltd v Linton & anr; ChD (Lightman J) 11 Oct 1995.

The requirement of a pre- trial review in cases estimated to last more than 10 days, as laid down in Practice Direction (Civil Litigation Case Management) [1995] 1 All ER 385, applied irrespective of the date when the case was set down for trial. There appeared to be a prevalent misconception that it applied only to cases set down for trial after the direction was given. The duty to apply for a pre-trial review rested on both parties, though primarily on plaintiffs.

Robin Potts QC, Michael Todd (Walker Morris, Leeds) for the plaintiff; Leslie Kosmin QC, Derrick Dale (Barlow Lyde & Gilbert) for the second defendant.

Sentencing

R v Basid; CA (Cr Div) (Beldam LJ, Scott Baker, Stuart White JJ) 6 Oct 1995.

The court had no power under s 9(1) of the Criminal Justice Act 1982, as amended by the Criminal Justice Act 1991, to make an order of detention in default of payment of a fine or confiscation order in respect of a young offender under the age of 18, because s 19 was limited to persons under 21 but not less than 18.

Paul Keleher (Registrar of Criminal Appeals) for the appellant.

Trade union

London Underground Ltd v National Union of Railwaymen, Maritime and Transport Staff; CA (Butler-Sloss, Millett, Ward LJJ) 29 Sept 1995.

A trade union was not deprived of its statutory immunity from suit arising out of industrial action, as conferred by ss 219 to 235 of the Trade Union and Labour Relations (Consolidation) Act 1992 as amended by the Trade Union Reform and Employment Rights Act 1992, where it induced employees to join a strike without first balloting them, if those employees had joined the union after a ballot had taken place authorising the strike. Section 226(1) of the 1992 Act, under which the union was not protected unless the industrial action had the support of a ballot, applied where the majority of the union's members who had voted in the ballot had agreed to take part.

John Hand QC, Oliver Segal, Melanie Tether (Pattinson & Brewer) for the union; Jeffrey Burke QC, Roy Lemon (Frances Low) for the employer.

VAT

Customs & Excise Commrs v McMaster Stores (Scotland) Ltd; Ct of Sess (Lord President Hope, Lord Allanbridge, Lord Johnston) 26 May 1995.

The fact that a company was in receivership did not preclude recovery of VAT overpaid in error under s 80 of the VAT Act 1994. The specific defence available to Customs & Excise under s 80(3), that recovery might be refused if repayment would unjustly enrich the taxpayer, was not applied. Although any VAT recovered would not be returned wholly to the persons who had paid the tax to the company, but would be available to be distributed among all the company's creditors, the company and its shareholders would receive no benefit.

J.R. Campbell (Shepherd & Wedderburn WS) for Customs & Excise; J.E. Drummond- Young QC, Colin Tyre (Dorman Jeffrey & Co) for the company.

CORRECTIONS: In R v Green (Case Summaries, 9 October) counsel for the appellant was Alastair Edie. In R v Home Secretary, ex p Singh (Law Report, 17 October) solicitors for the applicant were Moody & Woolley of Derby.

Start your day with The Independent, sign up for daily news emails
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

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

iJobs Job Widget
iJobs People

Guru Careers: HR Administrator / Training Coordinator

COMPETITIVE: Guru Careers: An HR Administrator / Training Coordinator is requi...

Belong: Trustee

This is a volunteer role: Belong: Could you help change lives and reduce crime...

Recruitment Genius: Assistant Director - HR Operations

£49462 - £56975 per annum: Recruitment Genius: Are you interested in shaping t...

Day In a Page

Solved after 200 years: the mysterious deaths of 3,000 soldiers from Napoleon's army

Solved after 200 years

The mysterious deaths of 3,000 soldiers from Napoleon's army
Every regional power has betrayed the Kurds so Turkish bombing is no surprise

Robert Fisk on the Turkey conflict

Every regional power has betrayed the Kurds so Turkish bombing is no surprise
Investigation into wreck of unidentified submarine found off the coast of Sweden

Sunken sub

Investigation underway into wreck of an unidentified submarine found off the coast of Sweden
Instagram and Facebook have 'totally changed' the way people buy clothes

Age of the selfie

Instagram and Facebook have 'totally changed' the way people buy clothes
Not so square: How BBC's Bloomsbury saga is sexing up the period drama

Not so square

How Virginia Woolf saga is sexing up the BBC period drama
Rio Olympics 2016: The seven teenagers still carrying a torch for our Games hopes

Still carrying the torch

The seven teenagers given our Olympic hopes
The West likes to think that 'civilisation' will defeat Isis, but history suggests otherwise

The West likes to think that 'civilisation' will defeat Isis...

...but history suggests otherwise
The bald truth: How one author's thinning hair made him a Wayne Rooney sympathiser

The bald truth

How thinning hair made me a Wayne Rooney sympathiser
Froome wins second Tour de France after triumphant ride into Paris with Team Sky

Tour de France 2015

Froome rides into Paris to win historic second Tour
Fifteen years ago, Concorde crashed, and a dream died. Today, the desire to travel faster than the speed of sound is growing once again

A new beginning for supersonic flight?

Concorde's successors are in the works 15 years on from the Paris crash
I would never quit Labour, says Liz Kendall

I would never quit party, says Liz Kendall

Latest on the Labour leadership contest
Froome seals second Tour de France victory

Never mind Pinot, it’s bubbly for Froome

Second Tour de France victory all but sealed
Oh really? How the 'lowest form of wit' makes people brighter and more creative

The uses of sarcasm

'Lowest form of wit' actually makes people brighter and more creative
A magazine editor with no vanity, and lots of flair

No vanity, but lots of flair

A tribute to the magazine editor Ingrid Sischy
Foraging: How the British rediscovered their taste for chasing after wild food

In praise of foraging

How the British rediscovered their taste for wild food