Law Reports: Case Summaries; 11 November 1996

Law Reports

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

Children

Re C (a minor) (Local authority: assessment); CA (Butler-Sloss, Waite, Roch LJJ) 30 Sept 1996.

A court making an interim care order in favour of the local authority had power under s 38(6) of the Children Act 1989 to give a variety of directions as to the medical, psychiatric or other assessment of the child. Regrettably, that power fell short of enabling the court to direct the authority to accede to the parents' wish that both they and the child be placed at a residential assessment centre pending the hearing of final care proceedings. It was particularly unfortunate for these very young parents as the fostering alternative favoured by the authority effectively removed their only chance of obtaining a final order in their favour.

A.A. Rumbelow QC, A.P. Hayden, Gillian Irving (Norcross Lees & Riches, Oldham; Temperley Taylor Chadwick, Middleton) for the parents; Lesley Newton (Booth & Middleton, Oldham) for the guardian ad litem; Jean France- Hayhurst (Andrew Jeffries, Oldham) for the authority.

Insurance

Sumitomo Bank Ltd v Banque Bruxelles Lambert SA; QBD (Comm Ct) (Langley J) 2 Oct 1996.

The plaintiff banks, which lent money secured by mortgage with the benefit of mortgage indemnity insurance, were not under a duty of disclosure to the insurers. The extent of the duty of disclosure was defined in the policies and was expressed to be the duty of the insured. The banks were not the insured because they had appointed the defendant underwriter as their agent. Therefore the duty of disclosure, as defined in the policies, was placed with the defendant alone as the insured, and the defendant had to take reasonable care in fulfilling that duty and was liable for any failure to do so.

Gavin Kealey QC, David Edwards (Clifford Chance) for the plaintiffs; Peter Scott QC, David Railton (Linklaters & Paines) for the defendant.

Liquidator

Ward v Aitken & ors; Re Oasis Merchandising Services Ltd; CA (Peter Gibson, Otton, Hutchison LJJ) 9 Oct 1996.

A liquidator's right, under s 214 of the Insolvency Act 1986, to sue directors of the failed company suspected of wrongful trading was not "the company's property" and so fell outside the liquidator's statutory power to sell such property. He could not therefore validly agree with a third party for them to meet the costs of the s 214 proceedings in return for a share of the proceeds, if any, recovered from the directors. Such an agreement was champertous unless the third party had, independently of the agreement, a bona fide interest in the fruits of the action.

Robert Wright QC (Ingledew Brown Bennison & Garrett) for the third party; Elspeth Talbot Rice (Jay Benning Levine & Pelz) and Robin Dicker (Ashurst Morris Crisp) for the directors.

Magistrates

Canterbury City Council v Ferris; QB Div Ct (Simon Brown LJ, Gage J) 7 Oct 1996.

Magistrates had a discretion, when imposing a fine for continuing failure to abate a nuisance, to impose a lesser fine than the one-tenth of Level 5 on the Standard scale for each day on which an offence continued as laid down by s 80(5) of the Environmental Protection Act 1990, since s 80 did not expressly limit the magistrate's discretion under s 34(1) of the Magistrates' Courts Act 1980 to impose such a lesser fine.

Gregory Dowell (Canterbury City Council) for the appellant; the respondents did not appear.

Sentencing

R v Hodgson; CA (Cr Div) (Bingham LCJ, Blofeld, Cresswell JJ) 17 Oct 1996.

Section 44 of the Criminal Justice Act 1991, which gave the court additional control over sexual offenders, affected both the period which the offender would serve if recalled to prison after release on licence and the period for which he would continue to be supervised after release on licence. In making an order the court's primary considerations were the need to protect the public from serious harm and the desirability of preventing offenders committing further offences and securing their rehabilitation.

Nicholas Hilliard (CPS) for the Attorney-General; Thomas Easton (Jacobi & Co, Ellesmere Port) for the offender.

Tax

R v Revenue Adjudicator's Office, ex p Drummond; QBD (Turner J) 6 August 1996.

The Revenue Adjudicator's Office was entitled to refuse a taxpayer access to a letter about his affairs which had been sent in by an informant. Although the taxpayer's affairs had been investigated, it had not been as a result only of the letter but also of other information. The allegations had only been used to indicate lines of inquiry which were independently pursued. It was necessary that confidential sources of information were protected.

The taxpayer in person; the Revenue did not appear.

Suggested Topics
Start your day with The Independent, sign up for daily news emails
  • 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 Manager Shared Services - Uxbridge, - 1 Year contract

£50000 per annum: Ashdown Group: HR Manager Shared Services - Uxbridge, Stock...

Recruitment Genius: Graduate Human Resource Officer and Executive Assistant

Negotiable: Recruitment Genius: This is an exciting opportunity to join one of...

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...

Day In a Page

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

How a costume drama became a Sunday night staple
Miliband promises no stamp duty for first-time buyers as he pushes Tories on housing

Miliband promises no stamp duty for first-time buyers

Labour leader pushes Tories on housing
Aviation history is littered with grand failures - from the the Bristol Brabazon to Concorde - but what went wrong with the SuperJumbo?

Aviation history is littered with grand failures

But what went wrong with the SuperJumbo?
Fear of Putin, Islamists and immigration is giving rise to a new generation of Soviet-style 'iron curtains' right across Europe

Fortress Europe?

Fear of Putin, Islamists and immigration is giving rise to a new generation of 'iron curtains'
Never mind what you're wearing, it's what you're reclining on

Never mind what you're wearing

It's what you're reclining on that matters
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence