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
ebooksA special investigation by Andy McSmith
  • 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 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...

Recruitment Genius: Human Resources Officer

£22000 - £25000 per annum: Recruitment Genius: An opportunity has arisen at th...

Ashdown Group: HR Manager - London - £40,000 + Bonus

£36000 - £40000 per annum + Bonus: Ashdown Group: HR Manager (Generalist) -Old...

Day In a Page

NHS struggling to monitor the safety and efficacy of its services outsourced to private providers

Who's monitoring the outsourced NHS services?

A report finds that private firms are not being properly assessed for their quality of care
Zac Goldsmith: 'I'll trigger a by-election over Heathrow'

Zac Goldsmith: 'I'll trigger a by-election over Heathrow'

The Tory MP said he did not want to stand again unless his party's manifesto ruled out a third runway. But he's doing so. Watch this space
How do Greek voters feel about Syriza's backtracking on its anti-austerity pledge?

How do Greeks feel about Syriza?

Five voters from different backgrounds tell us what they expect from Syriza's charismatic leader Alexis Tsipras
From Iraq to Libya and Syria: The wars that come back to haunt us

The wars that come back to haunt us

David Cameron should not escape blame for his role in conflicts that are still raging, argues Patrick Cockburn
Sam Baker and Lauren Laverne: Too busy to surf? Head to The Pool

Too busy to surf? Head to The Pool

A new website is trying to declutter the internet to help busy women. Holly Williams meets the founders
Heston Blumenthal to cook up a spice odyssey for British astronaut manning the International Space Station

UK's Major Tum to blast off on a spice odyssey

Nothing but the best for British astronaut as chef Heston Blumenthal cooks up his rations
John Harrison's 'longitude' clock sets new record - 300 years on

‘Longitude’ clock sets new record - 300 years on

Greenwich horologists celebrate as it keeps to within a second of real time over a 100-day test
Fears in the US of being outgunned in the vital propaganda wars by Russia, China - and even Isis - have prompted a rethink on overseas broadcasters

Let the propaganda wars begin - again

'Accurate, objective, comprehensive': that was Voice of America's creed, but now its masters want it to promote US policy, reports Rupert Cornwell
Why Japan's incredible long-distance runners will never win the London Marathon

Japan's incredible long-distance runners

Every year, Japanese long-distance runners post some of the world's fastest times – yet, come next weekend, not a single elite competitor from the country will be at the London Marathon
Why does Tom Drury remain the greatest writer you've never heard of?

Tom Drury: The quiet American

His debut was considered one of the finest novels of the past 50 years, and he is every bit the equal of his contemporaries, Jonathan Franzen, Dave Eggers and David Foster Wallace
You should judge a person by how they peel a potato

You should judge a person by how they peel a potato

Dave Hax's domestic tips are reminiscent of George Orwell's tea routine. The world might need revolution, but we like to sweat the small stuff, says DJ Taylor
Beige is back: The drab car colours of the 1970s are proving popular again

Beige to the future

Flares and flounce are back on catwalks but a revival in ’70s car paintjobs was a stack-heeled step too far – until now
Bill Granger recipes: Our chef's dishes highlight the delicate essence of fresh cheeses

Bill Granger cooks with fresh cheeses

More delicate on the palate, milder, fresh cheeses can also be kinder to the waistline
Aston Villa vs Liverpool: 'This FA Cup run has been wonderful,' says veteran Shay Given

Shay Given: 'This FA Cup run has been wonderful'

The Villa keeper has been overlooked for a long time and has unhappy memories of the national stadium – but he is savouring his chance to play at Wembley
Timeless drama of Championship race in league of its own - Michael Calvin

Michael Calvin's Last Word

Timeless drama of Championship race in league of its own