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

Carriage by air

Antwerp United Diamonds BVBA & anr v Air Europe (a firm); CA (Butler- Sloss, Hirst, Otton LJJ) 22 March 1995.

The owners of a consignment of diamonds could recover more than the amount specified in a special declaration of interest made by them in accordance with art 22(2)(a) of the Warsaw Convention, as amended by the Hague Protocol 1955, given force of law in England under the Carriage by Air Act 1961, where, upon proof of extreme misconduct by the carrier or its servants or agents within art 25, the limits of liability specified by art 22(2)(a) did not to apply.


Re M (minors: grandparental contact); CA (Butler-Sloss, Simon Brown, Ward LJJ) 30 March 1995.

Grandparents were not accorded the same right, under s34 of the Children Act 1989, as parents and others who had had parental responsibility for children immediately before they were taken into care, to apply for contact orders but had to obtain leave before making such an application. In deciding whether to grant leave, the court must consider the nature of the contact, the connection between the applicant and the child, any risk of disruption raised by the application and the wishes of the parents and local authority.

Jane Hoyal (Bernard Pearce & Co, Enfield) for the grandmother; John Reddish (Patricia Adley, Enfield) for the council.


South & District Finance plc v Barnes & other appeals; CA (Leggatt, Roch, Aldous LJJ) 23 March 1995.

In a creditor's action to recover possession of property on which a regulated loan agreement had been secured, the court's power to consider an order giving the debtor time to make reasonable amounts of payment was related to the total indebtedness secured by the charge on the property. If a time order was made, amendments to the rate of interest and/or term of the loan were inevitable.

Michael Beloff QC, Jan Luba (Batchelors, Bedford); Jan Luba (Lancashire Free Legal Action Centre, Blackpool; Bobbetts Macken, Bristol) for the borrowers; Anthony Scrivener QC, Jonathan Seitler (Graham Harvey) for Southern & District Finance; Peter Wulwik (Michael R Jaye & Co; Brand Montague) for J & J Securities and Equity Home Loans.


R v Aworinde; CA (Cr Div) (Hutchinson LJ, Tucker, Holland JJ) 14 March 1995.

Bogus insurance certificate forms, albeit uncompleted, could constitute a document covered by s173(1)(c) of the Road Traffic Act 1988, because they might be likely to deceive anyone seeking insurance cover for his or her car.

Paul Crampin (Registrar of Criminal Appeals) for the appellant; Lydia Barnfather (CPS) for the Crown.


Koenigsberger v Mellor (Insp of Taxes); CA (Leggatt, Simon Brown, Ward LJJ); 17 March 1995.

An external name at Lloyd's was not entitled to retirement annuity relief under the Income and Corporation Taxes Act 1988, s619(1) in respect of his underwriting profits. Although the Lloyd's income was immediately derived from the trade of underwriting within s619, the taxpayer was not carrying on a trade. The business was exclusively carried on by his agents and the heads of the syndicates of which he was a member.

Leolin Price QC (Rosenbergs) for the taxpayer; Timothy Brennan (Inland Revenue) for the Crown.


Basingstoke & Deane BC v Paice; CA (Stuart-Smith, Waite, Millett LJJ); 17 March 1995.

Where the tenant of a dwelling house forming part of larger premises, let by the council to an intermediate lessee on a business tenancy, became, on the surrender by the intermediate lessee of the mesne tenancy to the council, the direct tenant of the council, he was entitled to have his tenancy treated as a secure tenancy under the Housing Act 1985.

Keith Wylie (Doggett Hawke Wright, Basingstoke) for the tenant; Jeffrey Widdup (MD Sullivan-Gould, Basingstoke) for the council.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooksA celebration of British elections
Arts and Entertainment
Billie Piper as Brona in Penny Dreadful
tvReview: It’s business as usual in Victorian London. Let’s hope that changes as we get further into the new series spoiler alert
Life and Style
A nurse tends to a recovering patient on a general ward at The Queen Elizabeth Hospital in Birmingham
Fans take a selfie with Ed Miliband in Kempston, near Bedford, on Tuesday
election 2015
Arts and Entertainment
No Offence
tvReview: No Offence has characters who are larger than life and yet somehow completely true to life at the same time spoiler alert
Chuck Norris pictured in 1996
  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: IT Support Engineer - Leeds

£22000 - £25000 per annum: Ashdown Group: IT Support Engineer - Leeds This i...

SThree: Trainee Recruitment Consultant - Bristol

£18000 - £23000 per annum + Uncapped OTE: SThree: SThree Trainee Recruitment C...

SThree: Trainee Recruitment Consultant - Birmingham

£18000 - £23000 per annum + Uncapped OTE: SThree: SThree Trainee Recruitment C...

Guru Careers: Project Manager / Business Analyst

£40-50k + Benefits.: Guru Careers: A Project Manager / Business Analyst is nee...

Day In a Page

General Election 2015: Ed Miliband's unlikely journey from hapless geek to heart-throb

Miliband's unlikely journey from hapless geek to heart-throb

He was meant to be Labour's biggest handicap - but has become almost an asset
General Election 2015: A guide to the smaller parties, from the the National Health Action Party to the Church of the Militant Elvis Party

On the margins

From Militant Elvis to Women's Equality: a guide to the underdogs standing in the election
Amr Darrag: Ex-Muslim Brotherhood minister in exile still believes Egypt's military regime can be replaced with 'moderate' Islamic rule

'This is the battle of young Egypt for the future of our country'

Ex-Muslim Brotherhood minister Amr Darrag still believes the opposition can rid Egypt of its military regime and replace it with 'moderate' Islamic rule, he tells Robert Fisk
Why patients must rely less on doctors: Improving our own health is the 'blockbuster drug of the century'

Why patients must rely less on doctors

Improving our own health is the 'blockbuster drug of the century'
Sarah Lucas is the perfect artist to represent Britain at the Venice Biennale

Flesh in Venice

Sarah Lucas has filled the British pavilion at the Venice Biennale with slinky cats and casts of her female friends' private parts. It makes you proud to be a woman, says Karen Wright
11 best anti-ageing day creams

11 best anti-ageing day creams

Slow down the ageing process with one of these high-performance, hardworking anti-agers
Juventus 2 Real Madrid 1: Five things we learnt, including Iker Casillas is past it and Carlos Tevez remains effective

Juventus vs Real Madrid

Five things we learnt from the Italian's Champions League first leg win over the Spanish giants
Ashes 2015: Test series looks a lost cause for England... whoever takes over as ECB director of cricket

Ashes series looks a lost cause for England...

Whoever takes over as ECB director of cricket, says Stephen Brenkley
Fishing for votes with Nigel Farage: The Ukip leader shows how he can work an audience as he casts his line to the disaffected of Grimsby

Fishing is on Nigel Farage's mind

Ukip leader casts a line to the disaffected
Who is bombing whom in the Middle East? It's amazing they don't all hit each other

Who is bombing whom in the Middle East?

Robert Fisk untangles the countries and factions
China's influence on fashion: At the top of the game both creatively and commercially

China's influence on fashion

At the top of the game both creatively and commercially
Lord O’Donnell: Former cabinet secretary on the election and life away from the levers of power

The man known as GOD has a reputation for getting the job done

Lord O'Donnell's three principles of rule
Rainbow shades: It's all bright on the night

Rainbow shades

It's all bright on the night
'It was first time I had ever tasted chocolate. I kept a piece, and when Amsterdam was liberated, I gave it to the first Allied soldier I saw'

Bread from heaven

Dutch survivors thank RAF for World War II drop that saved millions
Britain will be 'run for the wealthy and powerful' if Tories retain power - Labour

How 'the Axe' helped Labour

UK will be 'run for the wealthy and powerful' if Tories retain power