Law Report: Case Summaries

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

Care

Re RD (a minor) - FD (Ewbank J), 17 Feb 1993.

In care proceedings the protection of the child is the decisive factor when the court is deciding whether to make a supervision or a care order. Moreover, the lifting of safeguards surrounding children had to be done by the courts. Where children from the father's former marriage suffered non-accidental injuries and a baby had been killed while in his care, it was proper to make a care order to protect the child of his present relationship, notwithstanding the local authority's view that a supervision order was adequate since the child was thriving and a care order would undermine co-operation with the social services.

Jane Hoyal (County Solicitor) for Cambridge County Council; Ian Peddie QC (Palmer Wheeldon, Cambridge) for the guardian ad litem; Wendy Fawcett (Copleys, St Ives) for the parents.

Legal aid

Graham Cole-Williams (formerly Frank) v LPH Equipment Ltd - CA (Glidewell, Butler-Sloss LJJ), 12 Feb 1993.

An 'unless order' for costs against the legal aid fund under s18 of the Legal Aid Act 1988, which would take effect after a given period of time unless in the meantime the Legal Aid Board made representations why an order should not be made, did not contravene reg 138 of the Civil Legal Aid (General) Regulations 1989 which applied to county court proceedings and appeals from county courts.

Stephen Murray (Edwin Coe for Willans, Cheltenham) for the plaintiff; Sue Carr (Eldridge & Co, Oxford) for the defendant.

Crime

R v Jiminez-Paez - CA (Crim Div) (Russell LJ, Morland, Mantell JJ), 23 Feb 1993.

Where it was sought to call a consular official as a witness in a criminal trial and the witness was unwilling because of diplomatic etiquette to give evidence, the fact that the witness might, by virtue of diplomatic status, be immune to the process, did not render her 'outside the UK' for the purposes of s23(2)(b)(i) of the Criminal Justice Act 1988. The subsection contained two quite separate requirements, the first being of a territorial nature requiring physical presence outside the UK and the second concerning the practicability of securing attendance.

John Traversi (Registrar of Criminal Appeals) for the appellant; Richard Hone (Customs & Excise Solicitor) for the Crown.

R v Shorrock - CA (Crim Div) (Simon Brown LJ, Popplewell, Rattee JJ), 18 Feb 1993.

In order to make out an offence of public nuisance against a farmer whose land was used for an acid house party it was not necessary to show that he actually knew that the nuisance caused would be the consequence of the activities carried out on his land; he could be convicted if it could be shown that he either knew or ought to have known that there would be a real risk of nuisance.

Arthur Stuttard (Registrar of Criminal Appeals) for the appellant; Peter Openshaw QC (CPS) for the Crown.

Employment

Cole and others v George Bennett Bryson & Co Ltd - PC (Lord Templeman, Lord Bridge of Harwich, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Woolf), 22 Feb 1993.

Where a pension scheme provided that the amount of pension should be calculated according to the length of service and the retirement rate of pay of the employee, which should be the average weekly rate for the last year of employment or for the last three years prior to retirement, whichever was the greater, the total figure from which the average weekly rate was to be calculated was the total amount of pay or earnings of all kinds which the worker had received as remuneration for his work.

Fenton Ramahoye SC and Justin Simon, both of the Antigua and Barbuda Bar (Simons Muirhead & Burton) for the employees; James Guthrie (Philip Conway Thomas) for the employer.

Negligence

Martine v South East Kent Health Authority - CA (Dillon, Leggatt, Hirst LJJ), 25 Feb 1993.

The health authority owed no duty of care to the plaintiff, the registered proprietor of a nursing home, when applying to a justice of the peace for an order under s30 of the Registered Homes Act 1984 cancelling the plaintiff's registration on the ground that there would be serious risk to the life, health or well-being of the patients.

Roger Ellis (Nabarro Nathanson) for the plaintiff; CH Beaumont (Stilwell & Harby, Hythe) for the defendant.

Practice

Goymer v Lombard North Central Wheelease Ltd - CA (Dillon, Leggatt, Hirst LJJ), 23 Feb 1993.

Although an application to strike out a statement of claim and to dismiss the action should be made as soon as practicable, the lateness of the application is not fatal to its success since RSC Ord 18, r19 expressly states that the order may be made 'at any stage of the proceedings'.

Alan Newman QC and Paul Epstein (Minet Pering) for the plaintiff; Michael Brindle QC (Wilde Sapte) for the defendant.

Revenue

Gray (HMIT) v Matheson - ChD (Vinelott J), 21 Jan 1993.

Where a taxpayer made an agreement under the Taxes Management Act 1970, s54, with a tax inspector, which would normally be final and conclusive, the Revenue was not bound by the agreement if it was based on misleading information and, if it appeared that profits had not been declared, an additional assessment could be raised on the taxpayer.

Alan Moses QC (Inland Revenue Solicitor) for the Crown; John Tallon (Dunham Brindley & Linn, Tamworth) for the taxpayer.

Value added tax

Customs and Excise Commissioners v McClean Homes Midland Ltd - QBD (Brooke J), 16 Feb 1993.

It was question of fact for the VAT tribunal to decide whether built-in wardrobes installed in new houses as part of the building were 'fitted furniture' for the purposes of the Value Added Tax (Special Provisions) Order 1981, art 8(2). The tribunal's decision that the wardrobes in question were not fitted furniture was not unreasonable and accordingly the taxpayer was permitted to credit for input tax in respect of the materials used in their construction.

Stephen Richards (Customs & Excise Solicitor) for the Crown; Andrew Park QC and Roderick Cordara (J Philips) for the taxpayer.

Arts and Entertainment
Banksy's 'The Girl with the Pierced Eardrum' in Bristol
art'Girl with the Pierced Eardrum' followed hoax reports artist had been arrested and unveiled
Life and Style
tech

Board creates magnetic field to achieve lift

News
peopleJust weeks after he created dress for Alamuddin-Clooney wedding
Life and Style
A street vendor in Mexico City sells Dorilocos, which are topped with carrot, jimaca, cucumber, peanuts, pork rinds, spices and hot sauce
food + drink

Trend which requires crisps, a fork and a strong stomach is sweeping Mexico's streets

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Arts and Entertainment
George Lucas poses with a group of Star Wars-inspired Disney characters at Disney's Hollywood Studios in 2010
films

George Lucas criticises the major Hollywood film studios

Sport
football West Brom vs Man Utd match report: Blind grabs point, but away form a problem for Van Gaal
Arts and Entertainment
Bloom Time: Mira Sorvino
tvMira Sorvino on leaving movie roles for 'The Intruders'
Arts and Entertainment
Gotham is coming to UK shores this autumn
tvGotham, episode 2, review
News
i100
Sport
Adel Taraabt in action for QPR against West Ham earlier this month
footballQPR boss says midfielder is 'not fit to play football'
News
First woman: Valentina Tereshkova
peopleNASA guinea pig Kate Greene thinks it might fly
Voices
Chris Grayling, Justice Secretary: 'There are pressures which we are facing but there is not a crisis'
voices

Does Chris Grayling realise what a vague concept he is dealing with?

Life and Style
The charity Sands reports that 11 babies are stillborn everyday in the UK
lifeEleven babies are stillborn every day in the UK, yet no one speaks about this silent tragedy
News
Blackpool is expected to become one of the first places to introduce the Government’s controversial new Public Space Protection Orders (PSPOs)
news

Parties threaten resort's image as a family destination

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

History Teacher

£60 - £65 per day: Randstad Education Liverpool: Job opportunities for Seconda...

** Female PE Teacher Urgently Required In Liverpool **

£120 - £140 per day: Randstad Education Liverpool: Job opportunities for Secon...

** Cover Supervisors Urgently Required In Knowsley **

£60 - £65 per day: Randstad Education Liverpool: Job opportunities for Seconda...

Java developer - (Intershop Enfinity)

£40000 - £50000 per annum + benefits: Ampersand Consulting LLP: Java Developer...

Day In a Page

Two super-sized ships have cruised into British waters, but how big can these behemoths get?

Super-sized ships: How big can they get?

Two of the largest vessels in the world cruised into UK waters last week
British doctors on brink of 'cure' for paralysis with spinal cord treatment

British doctors on brink of cure for paralysis

Sufferers can now be offered the possibility of cure thanks to a revolutionary implant of regenerative cells
Let's talk about loss

We need to talk about loss

Secrecy and silence surround stillbirth
Will there be an all-female mission to Mars?

Will there be an all-female mission to Mars?

Women may be better suited to space travel than men are
Oscar Pistorius sentencing: The athlete's wealth and notoriety have provoked a long overdue debate on South African prisons

'They poured water on, then electrified me...'

If Oscar Pistorius is sent to jail, his experience will not be that of other inmates
James Wharton: The former Guard now fighting discrimination against gay soldiers

The former Guard now fighting discrimination against gay soldiers

Life after the Army has brought new battles for the LGBT activist James Wharton
Ebola in the US: Panic over the virus threatens to infect President Obama's midterms

Panic over Ebola threatens to infect the midterms

Just one person has died, yet November's elections may be affected by what Republicans call 'Obama's Katrina', says Rupert Cornwell
Premier League coaches join the RSC to swap the tricks of their trades

Darling, you were fabulous! But offside...

Premier League coaches are joining the RSC to learn acting skills, and in turn they will teach its actors to play football. Nick Clark finds out why
How to dress with authority: Kirsty Wark and Camila Batmanghelidjh discuss the changing role of fashion in women's workwear

How to dress with authority

Kirsty Wark and Camila Batmanghelidjh discuss the changing role of fashion in women's workwear
New book on Joy Division's Ian Curtis sheds new light on the life of the late singer

New book on Ian Curtis sheds fresh light on the life of the late singer

'Joy Division were making art... Ian was for real' says author Jon Savage
Sean Harris: A rare interview with British acting's secret weapon

Sean Harris: A rare interview with British acting's secret weapon

The Bafta-winner talks Hollywood, being branded a psycho, and how Barbra Streisand is his true inspiration
Tim Minchin, interview: The musician, comedian and world's favourite ginger is on scorching form

Tim Minchin interview

For a no-holds-barred comedian who is scathing about woolly thinking and oppressive religiosity, he is surprisingly gentle in person
Boris Johnson's boozing won't win the puritan vote

Boris's boozing won't win the puritan vote

Many of us Brits still disapprove of conspicuous consumption – it's the way we were raised, says DJ Taylor
Ash frontman Tim Wheeler reveals how he came to terms with his father's dementia

Tim Wheeler: Alzheimer's, memories and my dad

Wheeler's dad suffered from Alzheimer's for three years. When he died, there was only one way the Ash frontman knew how to respond: with a heartfelt solo album