Law Report: Case Summaries

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

Company

Re Vedmay Ltd; ChD (Gavin Lightman QC, deputy High Court judge); 22 September 1993.

Where the liquidator has disclaimed property under s 178 of the Insolvency Act 1986 as onerous property, a statutory tenant has locus standi to make an application under s 181 of the 1986 Act to have the property vested in him.

Kim Lewison QC and Janet Bignall (Denton Hall Burgin & Warrens) for the statutory tenants; Robert Reid QC and Tim Harry (Radcliffes) for the freeholder.

Practice Direction

Practice Direction (Judge in Chambers in London: Amended Procedure); QBD (Lord Taylor of Gosforth LCJ); 29 July 1993.

The practice direction amends the practice for inter partes applications and appeals to the Queen's Bench judge in chambers and replaces Part A of the Practice Direction (Judge in Chambers: Procedure) (1983) 1 WLR 433, as amended by the Practice Direction (Judge in Chambers: Amended Procedure) (1989) 1 WLR 359.

Coroner

R v North Humberside and Scunthorpe Coroner, Ex p Jamieson; QBD (DC) (Neill LJ, Mantell J); 9 July 1993.

At the inquest into the death of a prisoner who had committed suicide, the coroner was entitled to decide not to leave a lack of care verdict to the jury, since, although the prisoner had previously attempted suicide and had been placed in a single cell, final decisions about treatment had to be left to the clinical judgment of the medical officer in charge of the prisoner.

Ian Macdonald QC and Tim Owen (Ruth Bundey & Co, Leeds) for the applicant; Ian Burnett (local authority solicitor) for the coroner.

Crime

R v Jennings and anor; CA (Crim Div) (Rose LJ, Turner, Judge JJ); 27 September 1993.

The Court of Appeal has no jurisdiction to entertain an appeal under s 9(11) of the Criminal Justice Act 1987 against a refusal of a trial judge, in a preparatory hearing in a serious fraud case under s 7, to sever a count from the indictment where severance has been sought to avoid alleged prejudice to a defendant, although it might be arguable that where severance is sought to reduce complexity a refusal to sever could give rise to a right of appeal if it could be shown that the exercise of the trial judge's discretion in refusing the application had been fundamentally flawed.

Because of the consequences to other appellants of the need to list applications for leave to appeal under s 9(11) urgently, there is a clear duty on barristers and solicitors, underlined where public funding is involved, to scrutinise anxiously: (1) Whether there is jurisdiction in the court to entertain an application; and (2) Whether there is any real prospect of successfully arguing that the judge's exercise of his discretion was fundamentally flawed.

Raymond Walker QC and Bruce Stuart (Betesh Fox, Manchester); Daniel Hollis QC and Geoffrey Birch (Lloyd Brennard, Brentford) for the appellants; David H Evans QC and Mark Ellison (Stephenson Harwook) for an interested party, a co- accused; Christopher Clark QC and Justin Gau (SFO) for the Crown.

Striking out

Doyle v Robinson; CA (Neill, Beldam, Leggatt LJJ); 22 September 1993.

In an application to strike out for want of prosecution, where there had been inordinate delay by the plaintiff, where the question of liability was not in dispute and the calculations of special damages were simple, a defendant was not required to provide actuarial evidence as to those calculations to prove that he had been prejudiced by the delay since it would be wrong to burden him with the cost of such evidence.

Frederick H Brown (Geffens, Walsall) for the plaintiff; Stephen Oliver-Jones (David Harris & Co, Birmingham) for the defendant.

Start your day with The Independent, sign up for daily news emails
News
news
Arts and Entertainment
tvSPOILER ALERT: Like a mash-up of 28 Days Later, Braveheart, The Killing and Lord of the Rings, this GoT episode was a belter
Life and Style
Angel Di Maria is shown the red card
tech
Sport
Roger Federer after his win over Tomas Berdych
sport
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
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

Recruitment Genius: Business Development Executive / Digital Marketing Executive

£26000 - £35000 per annum: Recruitment Genius: A luxury beauty house with a nu...

Recruitment Genius: Housekeepers - Immediate Start

£8 per hour: Recruitment Genius: This company are currently recruiting new exp...

Recruitment Genius: Head Concierge

£25000 - £28000 per annum: Recruitment Genius: This award winning Property Man...

Recruitment Genius: Content, SEO and PPC Executive

£20000 - £25000 per annum: Recruitment Genius: A fantastic opportunity has ari...

Day In a Page

On your feet! Spending at least two hours a day standing reduces the risk of heart attacks, cancer and diabetes, according to new research

On your feet!

Spending half the day standing 'reduces risk of heart attacks and cancer'
Liverpool close in on Milner signing

Liverpool close in on Milner signing

Reds baulk at Christian Benteke £32.5m release clause
With scores of surgeries closing, what hope is there for the David Cameron's promise of 5,000 more GPs and a 24/7 NHS?

The big NHS question

Why are there so few new GPs when so many want to study medicine?
Big knickers are back: Thongs ain't what they used to be

Thongs ain't what they used to be

Big knickers are back
Thurston Moore interview

Thurston Moore interview

On living in London, Sonic Youth and musical memoirs
In full bloom

In full bloom

Floral print womenswear
From leading man to Elephant Man, Bradley Cooper is terrific

From leading man to Elephant Man

Bradley Cooper is terrific
In this the person to restore our trust in the banks?

In this the person to restore our trust in the banks?

Dame Colette Bowe - interview
When do the creative juices dry up?

When do the creative juices dry up?

David Lodge thinks he knows
The 'Cher moment' happening across fashion just now

Fashion's Cher moment

Ageing beauty will always be more classy than all that booty
Thousands of teenage girls enduring debilitating illnesses after routine school cancer vaccination

Health fears over school cancer jab

Shock new Freedom of Information figures show how thousands of girls have suffered serious symptoms after routine HPV injection
Fifa President Sepp Blatter warns his opponents: 'I forgive everyone, but I don't forget'

'I forgive everyone, but I don't forget'

Fifa president Sepp Blatter issues defiant warning to opponents
Extreme summer temperatures will soon cause deaths of up to 1,700 more Britons a year, says government report

Weather warning

Extreme summer temperatures will soon cause deaths of up to 1,700 more Britons a year, says government report
LSD: Speaking to volunteer users of the drug as trials get underway to see if it cures depression and addiction

High hopes for LSD

Meet the volunteer users helping to see if it cures depression and addiction
German soldier who died fighting for UK in Battle of Waterloo should be removed from museum display and given dignified funeral, say historians

Saving Private Brandt

A Belgian museum's display of the skeleton of a soldier killed at Waterloo prompts calls for him to be given a dignified funeral