CASE SUMMARIES

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

Company

Re Applied Database Ltd; ChD(Lightman J); 23 Jan 1995.

The court would not exercise its discretion to dispense with advertisement of a winding up petition pursuant to r 4.11 of the Insolvency Rules 1986 on the ground that advertisment would cause exceptional damage to a company which was exceptionally susceptible to such damage.

Mark Arnold (Joseph Hude) for the applicant; Guy Newey (Treasury Solicitor) for the President of the Board of Trade.

Jurisdiction

Liverpool CC v B; FD(Ewbank J); 15 Dec 1994.

Section 60(3) of the Criminal Justice Act 1991 which provided that in the case of a child remanded to local authority accommodation by a youth court, any application under s 25 of the Children Act 1989 be made to that court, did not restrict the court to referral back to the youth court which made made the remand but gave any youth court jurisidiction to put a child in secure accommodation.

William Bellis (City Solicitor) for the council.

Market

Delyn Borough Council v Solitair (Liverpool) Ltd and anor; ChD(Jacob J); 26 Jan 1995.

The grant of planning permission does not confer on the land owners a market right within s 50(2) of the Food Act 1984. Planning permission does not confer a positive right beyond the planning laws.

Stuart Isaacs QC and Clive Lewis (Sharpe Pritchard) for the plaintiff; Augustus Ullstein QC and Victoria Donenge (Clintons) for the defendants.

Planning

Bailey v Secretary of State for the Environment and anor; CA (Nourse, Henry LJJ, Potts J); 15 Dec 1994.

Where a certain use of land began before the beginning of 1964 without planning permission and although unlawful was an established use within s 191 (a) of the Town and Country Planning Act 1990 but a temporary planning permission for that use was granted in 1987, the effect of that planning permission was to render that which had been unlawful lawful and thus bring the use referred to in s 191 to an end.

Accordingly the landowner's entitlement to the grant of an established use certificate ceased.

Jonathan Clay (Hawks & Scofield, Burnham-on-Sea) for the appellants; David Elvin (Treasury Solicitor) for the respondent.

Police

R v Secretary of State for the Home Office, Ex p Goswell; QBD( Brooke J); 9 Dec 1994.

On a police officer's appeal to the Home Secretary against his dismissal from the police force, the person who brought the complaint against the police officer is not entitled to the Home Secretary's report, reasons and order relating to the appeal.

Richard Clayton (Deighton Guedalla) for the applicant; Ian Burnett (Treasury Solicitor) for the Home Secretary.

Revenue

Deeny and ors v Gooda Walker Ltd and Ors; QBD(Potter J); 11 Jan 1995.

Damages awarded to Lloyd's names against their managing agents for failure to exercise reasonable skill and care were taxable in the hands of the names because they were receipts of the names' underwriting business, and no deduction could be made by the managing agents following the principle in British Transport Commission v Gourley [1956] AC 185.

Ian Glick QC and Launcelot Henderson (Inland Revenue Solicitor) for the Crown; David Goldberg QC, Simon Bryan and Hugh McKay (Elbourne Mitchell) for the managing agents; Andrew Park QC and David Lord (Wilde Sapte) for the names.

Value-added tax

Deutsche Ruck Reinusrance UK Ltd v Commissioners of Customs & Excise; QBD(Auld J); 11 Jan 1995.

VAT paid for legal expenses by an insurance company incurred in disputes as to the validity and amount of zero-rated reinsurance contracts with overseas companies was recoverable in full. The expenses were wholly referable to the contracts in question rather than partly attributable to the general overheads of the company which were exempt.

Joe Smouha (HH Mainprice) for the taxpayer; Paul Lasok QC (Customs & Excise Solicitor) for the Crown.

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