CASE SUMMARIES

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

Banking

BCCI v Malik & ors; ChD (N Stewart QC, Dep J); 8 Feb 1995.

Liquidation did not in itself terminate a company's contracts; still less did the appointment of a provisional liquidator. The fact that normal market forces no longer applied to the setting of BCCI's base rate after 5 July 1991 did not remove their contractual right to fix their own base rate and calculate interest by reference to that rate where lending terms stipulated such a formula, nor take away their right to charge compound interest.

Jonathan Crow (Stephenson Harwood) for BCCI: Ajmalul Hossain (Hallewell Bunyard) for the first two defendants.

Company

Neptune (Vehicle Washing Equipment) Ltd v Fitzgerald; ChD (Lightman J); 10 Feb 1995.

For the purpose of s 317 of the Companies Act 1985, there could be a directions meeting in the case of a sole director. A sole director could not evade compliance with s 317 by considering or committing the company to a contract in which he was interested otherwise than at a directors' meeting or by delegating the decision-making to others.

Elizabeth Jones (Harbottle & Lewis) for the plaintiff; Michael Roberts (Amery-Parkes) for the defendant.

Contempt

Peach & Grey v Sommers; QB Div Ct (Rose LJ, Tuckey J); 10 Feb 1995.

A Divisional Court had jurisdiction to hear a contempt application under RSC Ord 52, r 2 arising out of proceedings in an industrial tribunal since the latter was an inferior court for the purposes of the rule. Though not a court of record, the tribunal had all the characteristics of a body exercising judicial functions, including a legally qualified chairman appointed by Parliament, rules of procedure, power to impel witnesses and administer oaths and a duty to give reasons for its decisions.

Giles Harrap (Peach & Grey, Southampton) for the applicants; Nigel Baker QC, Nicholas Dean (Dibbons Baehr, Bourne-mouth) for the respondent; Andrew Hopper, Solicitor, for the Law Society.

Housing

R v Westminster CC, ex p Mulonso; CA (Balcombe, Roch, Saville LJJ); 1 Feb 1995.

The existence of rent arrears in respect of stage 1 or 2 temporary accommodation could not per se discharge a local authority's statutory duty, under s 65(2) of the Housing Act 1985, to secure suitable permanent accommodation for a homeless applicant. However, such arrears might have that effect if the stage 1 or 2 accommodation was "settled accommodation", so its loss created a fress incidence of homelessness, and if its loss was due to the applicant's deliberate act or omission, so the homelessness was intentional.

Robert Latham (Glazer Delmar) for the appellant; Clive Hugh Jones (City Solicitor) for Westminster.

Interview

Re M (minors; interview); FamD (Hale J); 27 Jan 1995.

In a dispute between solicitors preparing a father's defence to a charge of rape, and the local authority which shared parental responsibility for a child in care, the court had the power under its inherent jurisdiction to de-cide how the child should be interviewed. Weighed against the interests of justice in properly preparing the father's defence, the child's welfare was not the sole or overriding consideration.

Charles Geekie (Council Solicitor) for the local authority; David Turner (Johns & Saggar) for the father; Caroline Lester (Judge & Priestley) for the mother; Nigel Taylor, solicitor (Ewings & Co) for the guardian ad litem.

Practice

Practice Directions; QBD & ChD (Lord Taylor of Gosforth CJ, Sir Richard Scott V-C); 24 Jan 1995; FamD (Sir Stephen Brown P); 2 Feb 1995.

To achieve a reduction in costs and delay, courts would henceforth assert greater control over the preparation and conduct of cases.

They would exercise their discretion to limit discovery, length of oral submissions, time allowed for examining witnesses and reading aloud. Issues and evidence should be confined to what was essential, expert evidence was to be reduced and the main issues were to be identified in advance of hearings. Court bundles must be lodged two clear days before the hearing and must be properly paginated and indexed.

Failure by practitioners to conduct cases economically would be visited by orders for costs.

Reasons

R v Stafford Crown Court, ex p Reid & anr; QB Div Ct (Rose LJ, Tuckey J); 10 Feb 1995.

There was no need for a Crown Court judge to give reasons when refusing an application for an extension of time to appeal against conviction in the magistrates' court under r 7 of the Crown Court Rules 1982.

The decision was the result of a procedural function, not a judicial one, so fairness did not demand the giving of reasons.

Nicholas Paul (Tyndallwoods, Birmingham) for the applicants.

News
Susan Sarandon described David Bowie as
peopleSusan Sarandon reveals more on her David Bowie romance
Sport
Arsenal supporters gather for a recent ‘fan party’ in New Jersey
football
Sport
sportDidier Drogba returns to Chelsea on one-year deal
Arts and Entertainment
The Secret Cinema performance of Back to the Future has been cancelled again
film
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
Life and Style
Balmain's autumn/winter 2014 campaign, shot by Mario Sorrenti and featuring Binx Walton, Cara Delevingne, Jourdan Dunn, Ysaunny Brito, Issa Lish and Kayla Scott
fashionHow Olivier Rousteing is revitalising the house of Balmain
News
people
Arts and Entertainment
Christian Grey cradles Ana in the Fifty Shades of Grey film
filmFifty Shades of Grey trailer provokes moral outrage in US
News
BBC broadcaster and presenter Evan Davis, who will be taking over from Jeremy Paxman on Newsnight
peopleForget Paxman - what will Evan Davis be like on Newsnight?
Life and Style
fashionCustomer complained about the visibly protruding ribs
Voices
The new dawn heralded by George Osborne has yet to rise
voicesJames Moore: As the Tories rub their hands together, the average voter will be asking why they're not getting a piece of the action
Sport
Dejan Lovren celebrates scoring for Southampton although the goal was later credited to Adam Lallana
sport
News
newsComedy club forced to apologise as maggots eating a dead pigeon fall out of air-conditioning
Arts and Entertainment
Jo Brand says she's mellowed a lot
tvJo Brand says shows encourage people to laugh at the vulnerable
Life and Style
People may feel that they're procrastinating by watching TV in the evening
life
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 Risk Manager - Banking - London - £650

£600 - £650 per day: Orgtel: Conduct Risk Liaison Manager - Banking - London -...

Commercial Litigation Associate

Highly Attractive Package: Austen Lloyd: CITY - COMMERCIAL LITIGATION - GLOBAL...

Systems Manager - Dynamics AX

£65000 - £75000 per annum + Benefits: Progressive Recruitment: The client is a...

Service Delivery Manager (Software Development, Testing)

£40000 - £45000 per annum: Ashdown Group: A well-established software house ba...

Day In a Page

Evan Davis: The BBC’s wolf in sheep’s clothing to take over at Newsnight

The BBC’s wolf in sheep’s clothing

What will Evan Davis be like on Newsnight?
Finding the names for America’s shame: What happens to the immigrants crossing the US-Mexico border without documents who never make it past the Arizona desert?

Finding the names for America’s shame

The immigrants crossing the US-Mexico border without documents who never make it past the Arizona desert
Inside a church for Born Again Christians: Speaking to God in a Manchester multiplex

Inside a church for Born Again Christians

As Britain's Anglican church struggles to establish its modern identity, one branch of Christianity is booming
Rihanna, Kim Kardashian and me: How Olivier Rousteing is revitalising the house of Balmain

Olivier Rousteing is revitalising the house of Balmain

Parisian couturier Pierre Balmain made his name dressing the mid-century jet set. Today, Olivier Rousteing – heir to the house Pierre built – is celebrating their 21st-century equivalents. The result? Nothing short of Balmania
Cancer, cardiac arrest, HIV and homelessness - and he's only 39

Incredible survival story of David Tovey

Tovey went from cooking for the Queen to rifling through bins for his supper. His is a startling story of endurance against the odds – and of a social safety net failing at every turn
Backhanders, bribery and abuses of power have soared in China as economy surges

Bribery and abuses of power soar in China

The bribery is fuelled by the surge in China's economy but the rules of corruption are subtle and unspoken, finds Evan Osnos, as he learns the dark arts from a master
Commonwealth Games 2014: Highland terriers stole the show at the opening ceremony

Highland terriers steal the show at opening ceremony

Gillian Orr explores why a dog loved by film stars and presidents is finally having its day
German art world rocked as artists use renowned fat sculpture to distil schnapps

Brewing the fat from artwork angers widow of sculptor

Part of Joseph Beuys' 1982 sculpture 'Fettecke' used to distil schnapps
BBC's The Secret History of Our Streets reveals a fascinating window into Britain's past

BBC takes viewers back down memory lane

The Secret History of Our Streets, which returns with three films looking at Scottish streets, is the inverse of Benefits Street - delivering warmth instead of cynicism
Joe, film review: Nicolas Cage delivers an astonishing performance in low budget drama

Nicolas Cage shines in low-budget drama Joe

Cage plays an ex-con in David Gordon Green's independent drama, which has been adapted from a novel by Larry Brown
How to make your own gourmet ice lollies, granitas, slushy cocktails and frozen yoghurt

Make your own ice lollies and frozen yoghurt

Think outside the cool box for this summer's tempting frozen treats
Ford Fiesta is UK's most popular car of all-time, with sales topping 4.1 million since 1976

Fiesta is UK's most popular car of all-time

Sales have topped 4.1 million since 1976. To celebrate this milestone, four Independent writers recall their Fiestas with pride
10 best reed diffusers

Heaven scent: 10 best reed diffusers

Keep your rooms smelling summery and fresh with one of these subtle but distinctive home fragrances that’ll last you months
Commonwealth Games 2014: Female boxers set to compete for first time

Female boxers set to compete at Commonwealth Games for first time

There’s no favourites and with no headguards anything could happen
Five things we’ve learned so far about Manchester United under Louis van Gaal

Five things we’ve learned so far about United under Van Gaal

It’s impossible to avoid the impression that the Dutch manager is playing to the gallery a little