CASE SUMMARIES

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

Children Re Children Act 1989; Re C; FD (Cazalet J);18 Nov 1994.

Guidelines were set out in relation to (1) the assembling of relevant expert medical evidence in children cases to ensure that expert evidence was cogently and concisely before the court, and (2) the appropriate administrative arrangements and court procedures to be followed to avoid costs and long drawn out disputes at a hearing when public interest immunity is claimed.

Stephen Cobb (Solicitor, East Sussex CC) for the council; Janet Waddicor (Stephen Rimmer, Eastbourne); Eleanor Platt QC and Suzanne Shenton (Heringtons, Eastbourne) for the respondents; Roger McCarthy (John Lamplugh) for the guardian ad litem.

Crime R v Dealy; CA (Crim Div) (McCowan LJ, Schiemann, Dyson JJ); 17 Nov 1994.

The word "evasion" in s 39 (1) of the Value Added Tax Act 1983 meant the deliberate non payment when payment was due. The prosecution does not have to prove an intention permanently to deprive, in whole or in part, of that existing liability.

Michael Murphy QC and Peter J Kelson (Hewitt & Co, Sheffield) for the appellant; Stephen Gullick and Charity Rigby (Customs & Excise Solicitor) for the Crown.

R v Wells; CA (Crim Div) (Kennedy LJ, Kay, Mitchell JJ); 1 Dec 1994.

The power to amend a bill of indictment which has been signed and thus in existence was contained in s 5 of the Indictments Act 1915 and rules made thereunder and was not affected by s 2 (2) of the Administration of Justice Act 1933.

Thomas Kark (Registrar of Criminal Appeals) for the appellant; Anthony Heaton Armstrong (CPS) for the Crown.

Landlord and tenant Pennell v Payne and anor; CA (Leggatt, Simon Brown, Hoffmann LJJ); 25 Nov 1994.

Where a head tenant served an upwards notice to quit on his landlord, a sub-tenancy did not then become binding on the landlord but the landlord was entitled to possession against the sub-tenant irrespective of whether the sub-tenancy was granted with the term of the headlease.

Paul Morgan QC and Martin Rodger (Bridge McFarland, Louth) for the appellant; Andrew Gore (Wilkin Chapman, Grimsby) for the respondent.

Privilege Royscott Spa Leasing Ltd and ors v Lovett and ors; CA (Nourse, Beldam LJJ, Sir Christopher Slade); 16 Nov 1994.

A claim for legal professional privilege which a party to litigation might otherwise enjoy could be lost if the evidence before the court revealed a prima facie case that the documents in question came in existence either for the purpose of advising and assisting that party in preparation for contemplated fraudulent conduct or in the course of such conduct itself.

The court would be slow to displace the privilege and would not order discover on the mere suspicion that disclosure might perhaps enable the party seeking it to prove fraud thereafter.

Vincent Williams (Chambers, Rutland & Cranford) for the appellant; Martha Maher (Willans, Cheltenham) for the respondents.

Tort Hunter and others v London Docklands Development Corporation; QBD (Official Referees) (Judge Richard Havery QC); 1 Nov 1994.

Where excessive quantities of dust were deposited on property, a person having the right to exclusive possession of the property can bring an action in nuisance and in negligence for damages for annoyance and discomfort arising from physical damage to property.

Daniel Brennan QC, Charles Pugh and Sarah Moor (Leigh Day & Co) for the plaintiffs; Lord Irvine of Lairg QC, Philip Havers and Daniel Stilitz (Ashurst Morris Crisp) for the defendants.

Tax Jarmin (HMIT) v Rawlings; ChD(Knox J); 17 Nov 1994.

The sale by a farmer aged over 60 of dairy buildings by auction coupled with the cessation of milk production when the sale was completed amount to the sale in part of his business.

He was therefore entitled to retirement relief under the Finance Act 1985, s 69.

Timothy Brennan (Inland Revenue Solicitor) for the Crown; David Ewart (Winterbothams, Stroud) for the taxpayer.

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