Law Report: Case Summaries

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

Conduct money

Union Bank of Finland Ltd v Lelakis; QBD Comm Ct (Langley J) 11 June 1996.

A judgment debtor who had been served a notice under RSC Ord 48, r 1 to attend an examination before a master as to his means was not entitled to object to attending on the ground that conduct money had not been tendered to him, because the judgment creditor's solicitor had adequately tendered it by giving an undertaking in a letter to pay the debtor's reasonable costs of such attendance and by giving the notice in reasonable time before the return date.

Andrew Hochhauser, Pertida Cargill-Thompson (Watson Farley & Williams) for the plaintiffs; Steven Gee QC, Vasanti Selvaratnam (Holman Fenwick & Willan) for the defendant.

Crime

R v Ireland; CA (Crim Div) (Swinton Thomas LJ, Tucker, Douglas Brown JJ) 14 May 1996.

The making of silent telephone calls was capable of amounting to a relevant act for the purposes of the offence of assault occasioning actual bodily harm contrary to s 47 of the Offences Against the Person Act 1861. The act consisted in the making of the call and it did not matter whether words or silence ensued.

Philip Richards (assigned by the Registrar of Criminal Appeals) for the appellant; Christopher Llwellyn-Jones QC, Roger Griffiths (CPS) for the Crown.

Extradition

Re Chetta; QB Div Ct (Henry LJ, Ebsworth J) 6 June 1996.

For the purposes of s 16 of the Extradition Act 1989, judicial review proceedings were instituted when a notice of motion applying for leave to apply for judicial review was made and lodged with the Crown Office, since that showed that the applicant has sought the court's protection. The Home Secretary's policy not to give reasons for ordering a fugitive offender's return to a requesting country until after leave had been granted was arguably wrong, since the requirement to give reasons was to enable a potential applicant to know the grounds relied on by the Home Secretary so he could decide whether to apply for judicial review.

The applicants in person in the habeas corpus proceedings; James Lewis, James Hardy (Andrew McCooey, Sittingbourne) for the applicants in the judicial review proceedings; Rabinder Singh (Treasury Solicitor) for the respondent.

Shipping

India Steamship Co v Louis Dreyfus Sugar Co Ltd; the Indian Reliance; QBD Comm Ct (Rix J) 11 June 1996.

The owner of a sub-chartered vessel was not entitled to intercept bills of lading to claim the freight and lien the subcharterer's cargo on the basis of freight being unpaid. The phrase "freight payable as per charterparty" in the bills of lading meant not only the rate of freight but all the details of the payment clause of the sub-charter. Accordingly, payment of the freight by the sub- charterer to the nominated account of the time-charterer amounted to payment under the charter. Therefore the owner was not entitled to claim the freight from the sub-charterer even though the time-charterer had not paid the time charter hire and had become insolvent.

Angus Glennie QC (Zaiwalla & Co) for the plaintiffs; Anthony Havelock- Allan QC (Richards Butler) for the defendants.

Tax

Johnson (HMIT) v Prudential Assurance Co Ltd; ChD (Robert Walker J) 15 May 1996.

Certain management expenses which were deductible in a Sch D, case 1 calculation were not deductible in an assessment to corporation tax made on an income minus expenses calculation. By virtue of s 75(1) of the Income and Corporation Taxes Act 1988 expenses could not be deducted which were "deductible in computing profits apart from this section". Therefore the taxpayer was not entitled to deduct the expenses which were deductible in both a Sch D, case 1 loss calculation and an income minus expenses calculation.

Christopher McCall (Inland Revenue) for the Crown; Peter Whiteman QC (Group Legal Services, Prudential Corp plc) for the taxpayer.

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 Analyst - Banking - Bristol - £350-£400

£350 - £400 per day: Orgtel: HR Analyst - Banking - Bristol - £350 - £400 per ...

HR Manager - HR Generalist / Sole in HR

£30000 - £35000 per annum + benefits: Ashdown Group: HR Manager - HR Generalis...

Business Analyst - Banking - London - £350-£400

£350 - £400 per day: Orgtel: Business Analyst - Banking - People Change - Lond...

HR Manager - Milton Keynes - £50,000 + package

£48000 - £50000 per annum + car allowance + benefits: Ashdown Group: HR Shared...

Day In a Page

Air strikes? Talk of God? Obama is following the jihadists’ script

Air strikes? Talk of God? Obama is following the jihadists’ script

The President came the nearest he has come yet to rivalling George W Bush’s gormless reaction to 9/11 , says Robert Fisk
Ebola outbreak: Billy Graham’s son declares righteous war on the virus

Billy Graham’s son declares righteous war on Ebola

A Christian charity’s efforts to save missionaries trapped in Africa by the crisis have been justifiably praised. But doubts remain about its evangelical motives
Jeremy Clarkson 'does not see a problem' with his racist language on Top Gear, says BBC

Not even Jeremy Clarkson is bigger than the BBC, says TV boss

Corporation’s head of television confirms ‘Top Gear’ host was warned about racist language
Nick Clegg the movie: Channel 4 to air Coalition drama showing Lib Dem leader's rise

Nick Clegg the movie

Channel 4 to air Coalition drama showing Lib Dem leader's rise
Philip Larkin: Misogynist, racist, miserable? Or caring, playful man who lived for others?

Philip Larkin: What will survive of him?

Larkin's reputation has taken a knocking. But a new book by James Booth argues that the poet was affectionate, witty, entertaining and kind, as hitherto unseen letters, sketches and 'selfies' reveal
Madame Tussauds has shown off its Beyoncé waxwork in Regent's Park - but why is the tourist attraction still pulling in the crowds?

Waxing lyrical

Madame Tussauds has shown off its Beyoncé waxwork in Regent's Park - but why is the tourist attraction still pulling in the crowds?
Texas forensic astronomer finally pinpoints the exact birth of impressionism

Revealed (to the minute)

The precise time when impressionism was born
From slow-roasted to sugar-cured: how to make the most of the British tomato season

Make the most of British tomatoes

The British crop is at its tastiest and most abundant. Sudi Pigott shares her favourite recipes
10 best men's skincare products

Face it: 10 best men's skincare products

Oscar Quine cleanses, tones and moisturises to find skin-savers blokes will be proud to display on the bathroom shelf
Malky Mackay allegations: Malky Mackay, Iain Moody and another grim day for English football

Mackay, Moody and another grim day for English football

The latest shocking claims do nothing to dispel the image that some in the game on these shores exist in a time warp, laments Sam Wallace
La Liga analysis: Will Barcelona's hopes go out of the window?

Will Barcelona's hopes go out of the window?

Pete Jenson starts his preview of the Spanish season, which begins on Saturday, by explaining how Fifa’s transfer ban will affect the Catalans
Middle East crisis: We know all too much about the cruelty of Isis – but all too little about who they are

We know all too much about the cruelty of Isis – but all too little about who they are

Now Obama has seen the next US reporter to be threatened with beheading, will he blink, asks Robert Fisk
Neanderthals lived alongside humans for centuries, latest study shows

Final resting place of our Neanderthal neighbours revealed

Bones dated to 40,000 years ago show species may have died out in Belgium species co-existed
Scottish independence: The new Scots who hold fate of the UK in their hands

The new Scots who hold fate of the UK in their hands

Scotland’s immigrants are as passionate about the future of their adopted nation as anyone else
Britain's ugliest buildings: Which monstrosities should be nominated for the Dead Prize?

Blight club: Britain's ugliest buildings

Following the architect Cameron Sinclair's introduction of the Dead Prize, an award for ugly buildings, John Rentoul reflects on some of the biggest blots on the UK landscape