Law Report: Case Summaries

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

Damages

Royscott Commercial Leasing Ltd v Ismail - CA (Glidewell, Kennedy, Hirst LJJ), 29 April 1993.

The rule of mitigation of damages does not apply to a claim under a contract of indemnity as it is a claim for a debt due under a contract, not a claim for damages for breach of contract.

Bryan McGuire (Edge & Ellison, Birmingham) for the finance company.

Crime

R v Chambers - CA (Crim Div) (Watkins LJ, Henry, Pill JJ), 6 May 1993.

Although the conventional form of a direction to be given to a jury was merely a guide and no particular form of words was required, it was sensible when directing a jury on corroboration in cases of alleged sexual offences to give the two parts of the direction in the conventional order: directing first on the danger of convicting on uncorroborated evidence and then dealing in detail with what amounted to corroboration.

Penelope Barrett (Registrar of Criminal Appeals) for the appellant; William Everard (CPS) for the Crown.

Landlord and

tenant

Air India v Balabel - CA (Stuart-Smith, Waite LJJ), 1 April 1993.

The Landlord and Tenant Act 1988, in relation to the refusal of consent by a landlord to the assignment of a lease, has not altered the law as stated by Balcombe LJ in International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd (1986) 1 All ER 321, 325.

The appellant in person; Gavin Lightman QC and Beverley-Ann Rogers (Hobson Audley) for the respondent.

Maintenance

Re C (a minor) - FD (Ward J), 4 May 1993.

On a local authority's application under Part III of Sch 2, para 23 to the Children Act 1989, for a contribution order in respect of the maintenance of a child being looked after by the local authority, the essential exercise for the court was strictly mathematical and was less concerned with the principle of a prior duty to maintain as required by the different criteria set out under para 4 of Sch 1 (application for a financial order). Therefore the court's essential task was to assess the contributor's means by reference to his available income and the manner in which he expended his income. When conducting that mathematical exercise, the court should have regard to wholly unreasonable expenditure such as flippant luxuries or irresponsible living. However, provided that the money had been expended reasonably, the court was not required to make a value judgment on the expenditure or be affected by notions of prior liability to maintain the child. When granting the order, the court should always state its findings of fact and reasons.

Ashe Lincoln QC and Craig M Barlow (Arnold Rosen & Co) for the appellant; John Reddish (County Solicitor, Surrey) for the council.

Correction

In Re Anderson, the Independent, 24 April 1993, the second part of the two stage process described should have read 'secondly, he had to receive evidence as to the factual matter of whether the applicant was unlawfully at large, applying a criminal standard of proof . . .'

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
News
peopleMathematician John Nash inspired the film Beautiful Mind
News
Richard Blair is concerned the trenches are falling into disrepair
newsGeorge Orwell's son wants to save war site that inspired book
Life and Style
Audrey Hepburn with Hubert De Givenchy, whose well-cut black tuxedo is a 'timeless look'
fashionIt may be a paradox, but the industry loves it
Arts and Entertainment
The pair in their heyday in 1967
music
Life and Style
fashionFrom bathing dresses in the twenties to modern bikinis
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

Guru Careers: Software Developer / C# Developer

£40-50K: Guru Careers: We are seeking an experienced Software / C# Developer w...

Guru Careers: Software Developer

£35 - 40k + Benefits: Guru Careers: We are seeking a Software Developer (JavaS...

SThree: Trainee Recruitment Consultant / Resourcer

£18000 - £23000 per annum + Commission: SThree: As a Trainee Recruitment Consu...

Ashdown Group: UI Developer - (UI, HTML, CSS, JavaScript, AngularJS)

£25000 - £40000 per annum: Ashdown Group: UI Developer - (UI, JavaScript, HTML...

Day In a Page

Abuse - and the hell that came afterwards

Abuse - and the hell that follows

James Rhodes on the extraordinary legal battle to publish his memoir
Why we need a 'tranquility map' of England, according to campaigners

It's oh so quiet!

The case for a 'tranquility map' of England
'Timeless fashion': It may be a paradox, but the industry loves it

'Timeless fashion'

It may be a paradox, but the industry loves it
If the West needs a bridge to the 'moderates' inside Isis, maybe we could have done with Osama bin Laden staying alive after all

Could have done with Osama bin Laden staying alive?

Robert Fisk on the Fountainheads of World Evil in 2011 - and 2015
New exhibition celebrates the evolution of swimwear

Evolution of swimwear

From bathing dresses in the twenties to modern bikinis
Sun, sex and an anthropological study: One British academic's summer of hell in Magaluf

Sun, sex and an anthropological study

One academic’s summer of hell in Magaluf
From Shakespeare to Rising Damp... to Vicious

Frances de la Tour's 50-year triumph

'Rising Damp' brought De la Tour such recognition that she could be forgiven if she'd never been able to move on. But at 70, she continues to flourish - and to beguile
'That Whitsun, I was late getting away...'

Ian McMillan on the Whitsun Weddings

This weekend is Whitsun, and while the festival may no longer resonate, Larkin's best-loved poem, lives on - along with the train journey at the heart of it
Kathryn Williams explores the works and influences of Sylvia Plath in a new light

Songs from the bell jar

Kathryn Williams explores the works and influences of Sylvia Plath
How one man's day in high heels showed him that Cannes must change its 'no flats' policy

One man's day in high heels

...showed him that Cannes must change its 'flats' policy
Is a quiet crusade to reform executive pay bearing fruit?

Is a quiet crusade to reform executive pay bearing fruit?

Dominic Rossi of Fidelity says his pressure on business to control rewards is working. But why aren’t other fund managers helping?
The King David Hotel gives precious work to Palestinians - unless peace talks are on

King David Hotel: Palestinians not included

The King David is special to Jerusalem. Nick Kochan checked in and discovered it has some special arrangements, too
More people moving from Australia to New Zealand than in the other direction for first time in 24 years

End of the Aussie brain drain

More people moving from Australia to New Zealand than in the other direction for first time in 24 years
Meditation is touted as a cure for mental instability but can it actually be bad for you?

Can meditation be bad for you?

Researching a mass murder, Dr Miguel Farias discovered that, far from bringing inner peace, meditation can leave devotees in pieces
Eurovision 2015: Australians will be cheering on their first-ever entrant this Saturday

Australia's first-ever Eurovision entrant

Australia, a nation of kitsch-worshippers, has always loved the Eurovision Song Contest. Maggie Alderson says it'll fit in fine