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.

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
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
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
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
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
News
i100
Arts and Entertainment
Adèle Exarchopoulos and Léa Seydoux play teeneage lovers in the French erotic drama 'Blue Is The Warmest Colour' - The survey found four times as many women admitting to same-sex experiences than 20 years ago
filmBlue Is The Warmest Colour, Bojack Horseman and Hobbit on the way
News
Kenny Ireland, pictured in 2010.
peopleBenidorm actor was just 68
Arts and Entertainment
Preparations begin for Edinburgh Festival 2014
Edinburgh festivalAll the best shows to see at Edinburgh this year
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

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
Save the tiger: The day America’s love of backyard tigers led to a horrific bloodbath

The day America’s love of backyard tigers led to a horrific bloodbath

With only six per cent of the US population of these amazing big cats held in zoos, the Zanesville incident in 2011 was inevitable
Samuel Beckett's biographer reveals secrets of the writer's time as a French Resistance spy

How Samuel Beckett became a French Resistance spy

As this year's Samuel Beckett festival opens in Enniskillen, James Knowlson, recalls how the Irish writer risked his life for liberty and narrowly escaped capture by the Gestapo
We will remember them: relatives still honour those who fought in the Great War

We will remember them

Relatives still honour those who fought in the Great War
Star Wars Episode VII is being shot on film - and now Kodak is launching a last-ditch bid to keep celluloid alive

Kodak's last-ditch bid to keep celluloid alive

Director J J Abrams and a few digital refuseniks shoot movies on film. Simon Usborne wonders what the fuss is about
Once stilted and melodramatic, Hollywood is giving acting in video games a makeover

Acting in video games gets a makeover

David Crookes meets two of the genre's most popular voices