Law Report: Case Summaries

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

Bankruptcy

Stein v Blake; CA (Balcombe, Staughton, Waite LJJ); 5 May 1993.

After a bankcruptcy but before a balance of account had been ascertained under s323 of the Insolvency Act 1986, a trustee in bankruptcy may assign to a third party the bankrupt's claims against a person who is entitled to avail himself of the statutory right of set-off. Section 323, like its predecessor, s31 of the Bankruptcy Act 1914, was concerned only with the remedy available and not with the existence of debts. Therefore Farley v Housing & Commercial Developments (1984) BCLC 442 was wrongly decided.

Philip Hoser (Bray Walker) for the appellant; Michael Mark (Maislish & Co) for the respondent.

Charterparty

Sig Bergesen DY & Co v Mobil Shipping & Transportation Co; CA (Balcombe, Staughton LJJ, Sir Roger Parker); 28 April 1993.

A ship designed for the carriage of liquid petroleum gas was not off-hire for 20 days during which cleaning of contaminated tanks took place, since cleaning time was not to be regarded as time lost unless it was shown the time occupied exceeded the time which would have been occupied in normal cleaning. In the absence of negligence, and bearing in mind it was the charterer who decided the nature of the cargo carried, all cleaning must be regarded as normal if carried out with due diligence and proper equipment.

Bernard Rix QC and Duncan Matthews (Sinclair Roche & Temperley) for the owners; Stuart Boyd QC and Jeffrey Gruder (Allen & Overy) for the charterers.

Consumer credit

Hare v Schurek; CA(Lloyd, Mann, Steyn LJJ); 13 May 1993.

A consumer credit agreement entered into by a motor vehicle dealer under the Consumer Credit Act 1974 as a one-off or occasional transaction in the course of his business was a 'non-commercial agreement' within s189.

Sile McGuckian (Pictons Wade Gery Farr, Bedford) for the plaintiff; Clive Pithers (Stevensons, Huntingdon) for the defendant.

Costs

Middleton v Middleton; FD(Thorpe J); 25 May 1993.

On an application under s 18 of the Legal Aid Act 1988 for an order for the payment by the Legal Aid Board of the costs of a successful unassisted party in ancillary proceedings, the court has power under its inherent power to control its own procedures to grant an extension of time to the applicant to file an affidavit of means and resources in pursuance to Part XIV of the Civil Legal Aid (General) Regulations 1989 (SI no 339).

Mark Everall (David Burrows for Barker Ashton, Bury St Edmunds) for the applicant; Nigel Pitt (Solicitor, Legal Aid Board) for the board.

Crime

R v Orgles and anor; CA(Crim Div)(Nolan LJ, Wright, Holland JJ); 19 May 1993.

Where two jurors complained independently of each other that friction amongst the jury as a whole was affecting concentration, the judge erred in making enquiries of those jurors separately and in the absence of the rest of the jury. Where the circumstances giving rise to such an inquiry was internal to the jury, as opposed to an external circumstance affecting only one juror such as illness or an improper approach to a juror, the whole jury should be questioned in open court through their foreman to ascertain their capacity as a body to bring in a true verdict according to the evidence.

Philip Levy; Jeremy Ornstin (Registrar of Criminal Appeals) for the appellants; William J Jones (CPS) for the Crown.

Housing

R v Islington LBC, ex p Trail; QBD(Sir Louis Blom-Cooper QC, deputy High Court judge); 27 April 1993.

Where a decision was made, such as that a homeless person was not in priority need within s 59(1)9c) of the Housing Act 1985, the giving of reasons pursuant to s64 was important for two reasons: (a)it was a valuable form of self-discipline for the decision- maker, in ensuring that the decision arrived at was properly articulated; and (b) it was essential for the recipient of the decision, particularly an adverse one, to know why he had lost his application and to be able to assess the potention for challenge or appeal. A letter which simply set out all the categories of s59(1), including 'other special reasons' in sub-para (c), without indicating by reference to which the applicant's case had been considered or identifying what any 'other special reasons' might be, failed to comply with the duty to give reasons under s64.

Sylvester Carrott (Stennett & Stennett) for the applicant; Megan Thomas (Borough Solicitor) for Islington.

Start your day with The Independent, sign up for daily news emails
News
people
News
A survey carried out by Sainsbury's Finance found 20% of new university students have never washed their own clothes, while 14% cannot even boil an egg
science...and the results are not as pointless as that sounds
Sport
Sean Abbott
cricketSean Abbott is named Australia's young cricketer of the year
News
i100
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
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

Ashdown Group: IT Support Analyst - Urgent - Cheshire - £25p/h

£20 - £25 per hour: Ashdown Group: The Ashdown Group have been engaged by a hu...

Sauce Recruitment: Partnership Sales Executive - TV

competitive + benefits: Sauce Recruitment: An award-winning global multi-media...

Sauce Recruitment: Account Director

£26017.21 - £32521.19 per annum + OTE $90,000: Sauce Recruitment: My client is...

Recruitment Genius: Linux Systems Administrator

Negotiable: Recruitment Genius: This leading provider of UK Magento hosting so...

Day In a Page

Woman who was sent to three Nazi death camps describes how she escaped the gas chamber

Auschwitz liberation 70th anniversary

Woman sent to three Nazi death camps describes surviving gas chamber
DSK, Dodo the Pimp, and the Carlton Hotel

The inside track on France's trial of the year

Dominique Strauss-Kahn, Dodo the Pimp, and the Carlton Hotel:
As provocative now as they ever were

Sarah Kane season

Why her plays are as provocative now as when they were written
Murder of Japanese hostage has grim echoes of a killing in Iraq 11 years ago

Murder of Japanese hostage has grim echoes of another killing

Japanese mood was against what was seen as irresponsible trips to a vicious war zone
Syria crisis: Celebrities call on David Cameron to take more refugees as one young mother tells of torture by Assad regime

Celebrities call on David Cameron to take more Syrian refugees

One young mother tells of torture by Assad regime
The enemy within: People who hear voices in their heads are being encouraged to talk back – with promising results

The enemy within

People who hear voices in their heads are being encouraged to talk back
'In Auschwitz you got used to anything'

'In Auschwitz you got used to anything'

Survivors of the Nazi concentration camp remember its horror, 70 years on
Autumn/winter menswear 2015: The uniforms that make up modern life come to the fore

Autumn/winter menswear 2015

The uniforms that make up modern life come to the fore
'I'm gay, and plan to fight military homophobia'

'I'm gay, and plan to fight military homophobia'

Army general planning to come out
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign

What the six wise men told Tony Blair

Months before the invasion of Iraq in 2003, experts sought to warn the PM about his plans. Here, four of them recall that day
25 years of The Independent on Sunday: The stories, the writers and the changes over the last quarter of a century

25 years of The Independent on Sunday

The stories, the writers and the changes over the last quarter of a century
Homeless Veterans appeal: 'Really caring is a dangerous emotion in this kind of work'

Homeless Veterans appeal

As head of The Soldiers' Charity, Martin Rutledge has to temper compassion with realism. He tells Chris Green how his Army career prepared him
Wu-Tang Clan and The Sexual Objects offer fans a chance to own the only copies of their latest albums

Smash hit go under the hammer

It's nice to pick up a new record once in a while, but the purchasers of two latest releases can go a step further - by buying the only copy
Geeks who rocked the world: Documentary looks back at origins of the computer-games industry

The geeks who rocked the world

A new documentary looks back at origins of the computer-games industry
Belle & Sebastian interview: Stuart Murdoch reveals how the band is taking a new direction

Belle & Sebastian is taking a new direction

Twenty years ago, Belle & Sebastian was a fey indie band from Glasgow. It still is – except today, as prime mover Stuart Murdoch admits, it has a global cult following, from Hollywood to South Korea