Law Report: Case Summaries

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

Children

Re C(a minor) - CA (Balcombe, Kennedy LJJ), 5 July 1993.

It was a matter for concern that no judge had been available in the High Court to hear an application for the continuation of an interim care order made under s 38 of the Children Act 1989 when its initial eight-week period expired. A system had been devised in the family proceedings courts and magistrates' courts reflecting the 28-day rhythm of interim care orders. The court was aware of the shortage of judges but it was desirable that a similar system be devised for the High Court.

Caroline Reid (Howard Thomas Petrou, Norwood) for the first respondent; Gillian Higson-Smith (Borough Solicitor) for Lambeth LBC; Corinna Schiffer (Murrays, Walworth) for the second respondent; Nigel Cox (Meaby & Co) for the third respondent; Martha Cover (Dundons) for the guardian ad litem.

Re S - CA (Lloyd, Butler-Sloss, Roch LJJ), 14 July 1993.

On an application for a stay under s 5 of the Family Law Act 1986, there was nothing illogical in granting a stay of a father's application for residence or contact while refusing a stay of his application for a parental responsibility order.

David Mendes da Costa (Amphlett Lissimore) for the father; George Harkus (Metson Cross & Co) for the mother.

Company

Midrome Ltd v Shaw - CA (Sir Thomas Bingham MR, Steyn, Hoffmann LJJ), 5 July 1993.

The words 'that jurisdiction' in r7.47(2) of the Insolvency Rules 1986 referred to the court's winding up jurisdiction and not merely to its jurisdiction to review, rescind or vary a winding up order mentioned in r7.47(1). Accordingly, where a decision was made by a county court judge or a registrar of the High Court to wind up a company and there was an appeal to a High Court judge, any further appeal to the Court of Appeal required leave.

Nigel Ley (Watson & Co, Keston) for the appellant; Daniel Serota QC (Wallace & Partners) for the respondent.

Costs

Fozal v Gofur - CA (Sir Thomas Bingham MR, Peter Gibson LJ, Sir Francis Purchas), 21 June 1993.

Under s 51(6) of the Supreme Court Act 1981, as amended by s 4 of the Courts and Legal Services Act 1990, the court could not make a wasted costs order against counsel in respect of anything done prior to 1 October 1991 when the amendment came into force. The court did not have jurisdiction to make such an order against counsel before that date.

Justin Shale (Neves, Luton) for the applicant; Simon Monty (Raphael Teff & Co); Christopher Johnston (Austin Allen & Co, Luton); David Hodge (Reynolds Porter Chamberlain) for the respondents.

Landlord and Tenant

Taylor v Courage Ltd - CA (Dillon, Stuart-Smith, Evans LJJ), 29 June 1993.

In relation to the question whether premises were used for a business which comprised a restaurant within s 43(1)(d)(i) of the Landlord and Tenant Act 1954, it was not necessary for the restaurant in a public house to be confined to an area to which other customers were excluded.

Jonathan Brock (Charles Russell, Cheltenham) for the tenant; Edward Cole (Osborne Clarke, Bristol) for the landlord.

Limitation

Broadley v Guy Chapman & Co - CA (Balcombe, Leggatt, Hoffmann LJJ), 2 July 1993.

In a medical negligence action, the knowledge of possible negligence required by a plaintiff was not detailed knowledge sufficient to enable the plaintiff's advisers to draft a statement of claim, for that conflicted with the final words of s 14(1) of the Limitation Act 1980. Time began to run when a plaintiff could be said to have known with the help of medical advice reasonably obtainable that the injury complained of had been caused by some conduct or failure on the part of the person performing the operation.

Rodger Bell QC (Leigh Day & Co) for the appellant; Justin Fenwick QC and Sue Carr (Pinsent & Co) for the respondent.

Planning

Staley v Secretary of State for the Environment - CA (Sir Thomas Bingham MR, Mann, Peter Gibson LJJ), 28 June 1993.

An application to the High Court under s 288 of the Town and Country Planning Act 1990 was not an appropriate method to challenge an order for costs made by an inspector at a planning inquiry, since such an order was not a ministerial action.

The appellant in person; Christopher Katkowski (Treasury Solicitor) for the Secretary of State.

Practice

Fielding v Rigby - CA (Sir Thomas Bingham MR, Mann, Peter Gibson LJJ), 28 June 1993.

The service of a writ after the plaintiff had died, but before his widow and personal representative had been substituted as plaintiff, did not render the proceedings a nullity but was an irregularity within RSC Ord 2, r 1.

Dominic Nolan (Dibb Lupton Broomhead, Manchester) for the appellant; Philip Butler (Kennedys for Fieldings, Bolton) for the respondent.

Revenue

Gallagher v Jones (HMIT) - Threlfall v Same, CA (Sir Thomas Bingham MR, Nolan LJ, Sir Christopher Slade), 30 June 1993.

Payments under contracts for finance leases of equipment (here, narrowboats for hire) had to be taken into account for tax purposes according to accepted principles of commercial accountancy. The accepted principle, if the greater part of the rental payments over the 21-year period were payable in the early stages of the lease, was that payments were to be spread over a number of years to reflect the true position. There was no fundamental principle of law requiring or enabling intial payments to be deducted in the first year when they were incurred.

Ian Glick QC and Launcelot Henderson (Inland Revenue Solicitor) for the Crown; Rex Bretten QC and Robert J Grierson (Herbert Wilkes, Birmingham) for the taxpayers.

Voices
A Russian hunter at the Medved bear-hunting lodge in Siberia
Save the tigerWildlife charities turn to those who kill animals to help save them
News
Davis says: 'My career has been about filling a niche - there were fewer short actors and fewer roles – but now I'm being offered all kinds of things'
PeopleWarwick Davis on Ricky Gervais, Harry Potter and his perfect role
News
i100
Sport
Frank Lampard will pass Billy Wright and equal Bobby Charton’s caps tally of 106 caps against
sportFormer Chelsea midfielder in Etihad stopgap before New York contract
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Arts and Entertainment
The first film introduced Daniel Radcliffe to our screens, pictured here as he prepares to board the train to Hogwarts for the first time.
booksHow reading Harry Potter helps children grow up to be gay-friendly
Arts and Entertainment
A scene from Aladdin is performed at the Tony Awards in New York in June
theatreBrit producer Lythgoe makes kids' musical comedy a Los Angeles hit
Sport
Usain Bolt of Jamaica smiles and shakes hands with a competitor after Jamaica won their first heat in the men's 4x100m relay
sport
News
Chancellor George Osborne, along with the Prime Minister, have been 'complacently claiming the economy is now fixed', according to shadow Chancellor Ed Balls
i100... which is awkward, because he is their boss, after all
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
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 General

(Senior) IT Support Engineer - 1st-3rd Line Support

£40000 per annum: Ashdown Group: A successful IT service provider that has bee...

Wind Farm Civil Design Engineer

£55000 - £65000 Per Annum: The Green Recruitment Company: The Green Recruitmen...

Principal Marine Mechanical Engineer

£60000 - £70000 Per Annum: The Green Recruitment Company: The Green Recruitmen...

Principle Geotechnical Engineer

£55000 - £65000 Per Annum: The Green Recruitment Company: The Green Recruitmen...

Day In a Page

Save the Tiger: Meet the hunters tasked with protecting Russia's rare Amur tiger

Hunters protect Russia's rare Amur tiger

In an unusual move, wildlife charities have enlisted those who kill animals to help save them. Oliver Poole travels to Siberia to investigate
Transfers: How has your club fared in summer sales?

How has your club fared in summer sales?

Who have bagged the bargain buys and who have landed the giant turkeys
Warwick Davis: The British actor on Ricky Gervais, how the Harry Potter set became his office, and why he'd like to play a spy

'I'm a realist; I know how hard this business is'

Warwick Davis on Ricky Gervais, Harry Potter and his perfect role
The best swim shorts for men: Bag yourself the perfect pair and make a splash this summer

The best swim shorts for men

Bag yourself the perfect pair and make a splash this summer
Has Ukip’s Glastonbury branch really been possessed by the devil?

Has Ukip’s Glastonbury branch really been possessed by the devil?

Meet the couple blamed for bringing Lucifer into local politics
Dress the Gaza situation up all you like, but the truth hurts

Robert Fisk on Gaza conflict

Dress the situation up all you like, but the truth hurts
Save the tiger: Tiger, tiger burning less brightly as numbers plummet

Tiger, tiger burning less brightly

When William Blake wrote his famous poem there were probably more than 100,000 tigers in the wild. These days they probably number around 3,200
5 News's Andy Bell retraces his grandfather's steps on the First World War battlefields

In grandfather's footsteps

5 News's political editor Andy Bell only knows his grandfather from the compelling diary he kept during WWI. But when he returned to the killing fields where Edwin Vaughan suffered so much, his ancestor came to life
Lifestyle guru Martha Stewart reveals she has flying robot ... to take photos of her farm

Martha Stewart has flying robot

The lifestyle guru used the drone to get a bird's eye view her 153-acre farm in Bedford, New York
Former Labour minister Meg Hillier has demanded 'pootling lanes' for women cyclists

Do women cyclists need 'pootling lanes'?

Simon Usborne (who's more of a hurtler) explains why winning the space race is key to happy riding
A tale of two presidents: George W Bush downs his paintbrush to pen father’s life story

A tale of two presidents

George W Bush downs his paintbrush to pen father’s life story
Restaurateur Mitch Tonks has given the Great Western Pullman dining car a makeover

The dining car makes a comeback

Restaurateur Mitch Tonks has given the Great Western Pullman dining car a makeover
Gallery rage: How are institutions tackling the discomfort of overcrowding this summer?

Gallery rage

How are institutions tackling the discomfort of overcrowding this summer?
Louis van Gaal has £500,000 video surveillance system installed to monitor Manchester United players

Eye on the prize

Louis van Gaal has £500,000 video surveillance system installed to monitor Manchester United players
Women's rugby: Tamara Taylor adds fuel to the ire in quest to land World Cup

Women's rugby

Tamara Taylor adds fuel to the ire in quest to land World Cup