Law Report: Case Summaries

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

Conveyance

IDC Group Ltd and ors v Clark; CA (Nourse, Stocker, Beldam LJJ); 2 July 1992.

The phrase 'grant licence' in a deed was one which would not have been used by any experienced conveyancer as a means of granting an easement. Accordingly, where there was nothing sufficiently pointing clearly in any other direction, the phrase in a professionally drawn deed created a personal licence, not an easement binding successors in title and assignees of an underlease.

John Lindsay QC and John Randall (Needham & James) for the plaintiffs; J G Boggis (Jaques & Lewis) for the defendant; Peter Crampin (Reynolds Porter Chamberlain) for the first third party.

Crime

Lalani v Birmingham City Council; QBD (DC) (Leggatt LJ, Pill J); 6 July 1992.

The word 'seeking' in s 1(1) of the Accommodation Agencies Act 1953 was used in the sense of 'inquiring after' as opposed to a person desiring accommodation. The fact that the person who paid for a registration was a trading standards officer did not affect the commission of the offence under the section since he fell within the category of persons inquiring after accommodation, although he only posed as a person seeking a tenancy for purposes of investigation.

Steven Gasztowicz (Barradales, Leicester) for the defendant; Timothy Straker (City Solicitor) for the council.

R v Kerrigan; CA (Crim Div) (Lloyd LJ, Tudor Evans, Latham JJ); 26 June 1992.

Where a judge conducts a 'Newton'-style hearing to decide an issue of fact where a defendant has pleaded guilty, it is better if he directs himself openly as to the relevant standard and burden of proof he has to apply, ie normal criminal standard and burden of proof, but a failure to do so will not necessarily be fatal in every case.

Neil Stewart (Registrar of Criminal Appeals) for the appellant.

Housing benefit

R v Secretary of State for Social Security, Ex parte Association of Metropolitan Authorities and anor; QBD (Tucker J); 3 July 1992.

The Secretary of State, before making the Housing Benefit (General ) Amendment Regulations 1992, failed to comply with the duty imposed by s 61(7) of the Social Security Act 1986, to consult with such organisations as the applicants, the AMA and Hackney LBC. Although the applicants were entitled to a declaration to that effect, no useful purpose would be served by revoking the regulations and accordingly the court refused to quash the regulations or declare them ultra vires and the regulations remain in force.

Andrew Arden QC and Richard Drabble (National Housing Law Service) for the AMA; Andrew Arden QC and Jonathan Manning (Borough Solicitor) for Hackney; John Howell (DSS Solicitor) for the Secretary of State.

Social security

R v Social Security Commissioner, Ex p Pattni; CA (Lord Donaldson of Lymington MR, Nolan, Scott LJJ); 8 July 1992.

Although it was only in rare cases that a judge should set aside leave to apply for judicial review granted by another judge, he should do so where the judge had granted leave to apply for judicial review of a decision of a social security commissioner refusing the applicant leave to appeal from a social security appeal tribunal without identifying the point of law as required by s 101(1) of the Social Security Act 1975. Where an applicant appeared in person and the judge thought there was a point of law but he could not identify it he should adjourn the application for an inter partes hearing.

Presiley Baxendale QC (DSS Solicitor) for the commissioner; the applicant apeared in person.

Correction

In European Partners in Capital (Epic) Holdings BV v Goddard & Smith, Independent case summaries, 13 July 1992, Williams Davies Meltzer were the solicitors for the appellants.

Start your day with The Independent, sign up for daily news emails
Voices
Lucerne’s Hotel Château Gütsch, one of the lots in our Homeless Veterans appeal charity auction
charity appeal
Arts and Entertainment
Tony Hughes (James Nesbitt) after his son Olly disappeared on a family holiday in France
tv
News
people

Jo from Northern Ireland was less than impressed by Russell Brand's attempt to stage a publicity stunt

Sport
Scunthorpe goalkeeper Sam Slocombe (left) is congratulated by winning penalty taker Miguel Llera (right)
football
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksNow available in paperback
Arts and Entertainment
The Apprentice candidates Roisin Hogan, Solomon Akhtar, Mark Wright, Bianca Miller, Daniel Lassman
tvReview: But which contestants got the boot?
Life and Style
A woman walks by a pandal art installation entitled 'Mars Mission' with the figure of an astronaut during the Durga Puja festival in Calcutta, India
techHow we’ll investigate the existence of, and maybe move in with, our alien neighbours
Arts and Entertainment
Jim Carrey and Jeff Daniels ride again in Dumb and Dumber To
filmReview: Dumb And Dumber To was a really stupid idea
Arts and Entertainment
Sir Ian McKellen tempts the Cookie Monster
tvSir Ian McKellen joins the Cookie Monster for a lesson on temptation
News
i100
Travel
Tourists bask in the sun beneath the skyscrapers of Dubai
travelBritish embassy uses social media campaign to issue travel advice for festive holiday-makers in UAE
Arts and Entertainment
Jennifer Saunders stars as Miss Windsor, Dennis's hysterical French teacher
filmJennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress
Life and Style
tech
Sport
Nabil Bentaleb (centre) celebrates putting Tottenham ahead
footballTottenham 4 Newcastle 0: Spurs fans dreaming of Wembley final after dominant win
Voices
Jimmy Mubenga died after being restrained on an aircraft by G4S escorts
voicesJonathan Cox: Tragedy of Jimmy Mubenga highlights lack of dignity shown to migrants
Life and Style
Sebastian Siemiatkowski is the 33-year-old co-founder and CEO of Klarna, which provides a simple way for people to buy things online
tech
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: Helpdesk Analyst

£25000 per annum: Ashdown Group: An established media firm based in Surrey is ...

Ashdown Group: Java Developer - Hertfordshire - £47,000 + bonus + benefits

£40000 - £470000 per annum + bonus: Ashdown Group: Java Developer / J2EE Devel...

Ashdown Group: Head of Finance - Financial Director - London - £70,000

£70000 per annum: Ashdown Group: Head of Finance - Financial Controller - Fina...

Recruitment Genius: Business Development Executive - Nationwide - OTE £65,000

£30000 - £65000 per annum: Recruitment Genius: This small technology business ...

Day In a Page

Jeb Bush vs Hillary Clinton: The power dynamics of the two first families

Jeb Bush vs Hillary Clinton

Karen Tumulty explores the power dynamics of the two first families
Stockholm is rivalling Silicon Valley with a hotbed of technology start-ups

Stockholm is rivalling Silicon Valley

The Swedish capital is home to two of the most popular video games in the world, as well as thousands of technology start-ups worth hundreds of millions of pounds – and it's all happened since 2009
Did Japanese workers really get their symbols mixed up and display Santa on a crucifix?

Crucified Santa: Urban myth refuses to die

The story goes that Japanese store workers created a life-size effigy of a smiling "Father Kurisumasu" attached to a facsimile of Our Lord's final instrument of torture
Jennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress

The Boy in the Dress: On set with the stars

Walliams' story about a boy who goes to school in a dress will be shown this Christmas
La Famille Bélier is being touted as this year's Amelie - so why are many in the deaf community outraged by it?

Deaf community outraged by La Famille Bélier

The new film tells the story of a deaf-mute farming family and is being touted as this year's Amelie
10 best high-end laptops

10 best high-end laptops

From lightweight and zippy devices to gaming beasts, we test the latest in top-spec portable computers
Michael Carberry: ‘After such a tough time, I’m not sure I will stay in the game’

Michael Carberry: ‘After such a tough time, I’m not sure I will stay in the game’

The batsman has grown disillusioned after England’s Ashes debacle and allegations linking him to the Pietersen affair
Susie Wolff: A driving force in battle for equality behind the wheel

Susie Wolff: A driving force in battle for equality behind the wheel

The Williams driver has had plenty of doubters, but hopes she will be judged by her ability in the cockpit
Adam Gemili interview: 'No abs Adam' plans to muscle in on Usain Bolt's turf

'No abs Adam' plans to muscle in on Usain Bolt's turf

After a year touched by tragedy, Adam Gemili wants to become the sixth Briton to run a sub-10sec 100m
Calls for a military mental health 'quality mark'

Homeless Veterans campaign

Expert calls for military mental health 'quality mark'
Racton Man: Analysis shows famous skeleton was a 6ft Bronze Age superman

Meet Racton Man

Analysis shows famous skeleton was a 6ft Bronze Age superman
Garden Bridge: St Paul’s adds to £175m project’s troubled waters

Garden Bridge

St Paul’s adds to £175m project’s troubled waters
Stuff your own Christmas mouse ornament: An evening class in taxidermy with a festive feel

Stuff your own Christmas mouse ornament

An evening class in taxidermy with a festive feel
Joint Enterprise: The legal doctrine which critics say has caused hundreds of miscarriages of justice

Joint Enterprise

The legal doctrine which critics say has caused hundreds of miscarriages of justice
Freud and Eros: Love, Lust and Longing at the Freud Museum: Objects of Desire

Freud and Eros

Love, Lust and Longing at the Freud Museum