Law Report: Case summaries

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

Child

Re B (a minor); FD (Ewbank J); 27 June 1994.

Following the separation of his parents, a child who had acquired habitual residence in England was taken back to Canada for a short time while his parents attempted a reconciliation, but the child did not thereby acquire habitual residence in Canada.

It was desirable that if a specific defence was to be raised to an application under the Convention on the Civil Aspects of International Child Abduction 1980 it should be indicated in the affidavits or prior notice should be given of such an intention.

Ian Karsten QC and Jeremy Rosenblatt (Laurence Singer, Amersham) for the father; James Holman QC and Nicola Simpson (Jane Dicks & Co, Chesham) for the mother.

Re W (a minor); FD (Ewbank J); 17 June 1994.

A court dealing with an application for a secure accommodation order could allow a child to be present, but should only do so if satisfied attendance would be in the interests of the child.

Where the court was of the view on the material before it that the child could be unruly, for instance that the child would have to be shackled in court to control him or her, it had power in the exercise of its inherent jurisdiction to control its own proceedings to refuse to allow the child into court.

Peter Thornton QC and Susannah Walker (Jane Coker & Partners, Tottenham) for the child; Kate Hudson (Alun G Phillips) for the council; Cherry Harding (Farrell Matthews & Weir) for the mother; Claire Turney, solicitor (Philcox Gray & Co) for the guardian ad litem; Anna Pauffley (Official Solicitor) for the Official Solicitor.

Compulsory purchase

Sheffield Development Corp v Glossop Sectional Buildings Ltd; CA (Sir Stephen Brown P, Staughton, Rose LJJ); 30 June 1994.

A person claiming compensation under s 46(1) of the Land Compensation Act 1973 who otherwise fulfilled all the requirements of the section did not fail to qualify for compensation merely because he had ceased to trade after the date of a deemed notice to quit but before the acquiring authority had required the claimant to deliver up possession of the land.

Malcolm Spence QC and Mark Lowe (Nabarro Nathanson, Doncaster) for the corporation; Christopher Thomas QC and Clive Smith (Ronald England & Sons, Sheffield) for the claimant.

Housing

R v Ealing Borough Council, Ex p Sukhija; CA(Sir Stephen Brown P, Staughton, Rose LJJ); 24 June 1994.

A statement by an intentionally homeless person that she had believed that there would be no difficulty finding work in England was a matter of aspiration and hope rather than a relevant fact within the meaning of s 60(3).

The court ruled that the local authority had been justified in taking the statement into account in reaching its conclusion that she had not established that she had been unaware of a relevant fact within section 60(3) and that therefore she had deliberately left settled accommodation in India and was not entitled to be rehoused.

Lisa Giovannetti (Council Solicitor) for the council; Ian Lewis (JR Jones) for the applicant.

Lease

Hindcastle Ltd v Barbara Attenborough Associates Ltd and ors; CA (Sir Stephen Brown P, Rose, Millett LJJ); 15 June 1994.

Where the liquidator of a company, which had taken an assignment of a lease from an intermediate assignee, had disclaimed the lease under s 178(4)(b) of the Insolvency Act 1986, the original lessee and any surety for the original lessee nevertheless remained liable to pay the rent due under the lease. The position of an intermediate asssignee of the lease who had entered into direct contractual relationship with the lessor was indistinguishable from that of the original lessee.

David Oliver QC and Carolyn Walton (Stallards) for the appellants; Jonathan Arkush (Chethams) for the lessor.

Pharmacists

R v Yorkshire Regional Health Authority, Ex p Suri; R v Same, Ex p Gompels; QBD(DC) (Popplewell J); 1 July 1994.

For the purposes of reg 4 of the National Health Service (Pharmaceutical Services) Regulations 1992 the question of whether the relocation of a pharmacy was to the same neighbourhood was a question of fact to be determined having regard to both geographical and social factors and taking the population as a whole as opposed to restricting it to the 'patient' population. The regional health authority's decision should be succinct and there was no need for a lengthy decision letter.

Michael Beloff QC and Jonathan Fisher (Charles Russell) for the applicants; Robert Carnwath QC and Keith Freeman (FHS Appeal Unit) for the respondents; Cherie Booth (Lloyds Group Legal Services, Warley); Jonathan Harvie QC and Judith Beale (Boots Legal Department, Nottingham) for interested parties.

Marshall (Inspector of Taxes) v Kerr; HL (Lord Mackay of Clashfern LC, Lord Templeman, Lord Goff of Chieveley, Lord Lowry and Lord Browne-Wilkinson); 30 June 1994.

A scheme to avoid capital gains tax on gains accruing to a foreign trustee failed on the ground that a residuary beneficiary, K, in receipt of capital payments was the settlor of a chose in action, ie, her right to have a will duly administered.

K, who was resident in the UK, settled the property, described as her 'fund', on trusts administered in Jersey by the Jersey resident trustee. K had claimed that, by virtue of the provisions now in the Taxation of Chargeable Gains Act 1992, s 62(6), no charge to capital gains tax arose on K as 'settlor' under the predecessor of s 87 of the 1992 Act since she was deemed by s 62(6) never to have been entitled to the fund which was treated as having passed directly from the testator to the trustee.

Christopher McCall QC and AWH Charles (Inland Revenue Solicitor) for the Crown; Robert Venables QC and Robert Grierson (Wragge & Co, Birmingham) for the taxpayer.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
Arts and Entertainment
This weekend's 'Big Hero 6' by Disney Animation Studios
arts + ents
News
i100
News
Budapest, 1989. Sleepware and panties.
newsDavid Hlynsky's images of Soviet Union shop windows shine a light on our consumerist culture
Arts and Entertainment
Eleanor Catton has hit back after being accused of 'treachery' for criticising the government.
books
News
In humans, the ability to regulate the expression of genes through thoughts alone could open up an entirely new avenue for medicine.
science
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

Recruitment Genius: Transport Administrator / Planner

£20000 - £35000 per annum: Recruitment Genius: This fast growing reinforcing s...

Austen Lloyd: Corporate Tax Associate - London

Excellent Package: Austen Lloyd: CITY - HIGHEST QUALITY INTERNATIONAL FIRM - A...

Austen Lloyd: Senior Law Costs - London City

Excellent Package: Austen Lloyd: CITY - EXCELLENT FIRM - We have an outstandin...

Austen Lloyd: In-House Solicitor / Company Secretary - London

Excellent Package: Austen Lloyd: IN-HOUSE - NATIONAL CHARITY - An exciting and...

Day In a Page

Isis hostage crisis: The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power

Isis hostage crisis

The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power, says Robert Fisk
Missing salvage expert who found $50m of sunken treasure before disappearing, tracked down at last

The runaway buccaneers and the ship full of gold

Salvage expert Tommy Thompson found sunken treasure worth millions. Then he vanished... until now
Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Maverick artist Grayson Perry backs our campaign
Assisted Dying Bill: I want to be able to decide about my own death - I want to have control of my life

Assisted Dying Bill: 'I want control of my life'

This week the Assisted Dying Bill is debated in the Lords. Virginia Ironside, who has already made plans for her own self-deliverance, argues that it's time we allowed people a humane, compassionate death
Move over, kale - cabbage is the new rising star

Cabbage is king again

Sophie Morris banishes thoughts of soggy school dinners and turns over a new leaf
11 best winter skin treats

Give your moisturiser a helping hand: 11 best winter skin treats

Get an extra boost of nourishment from one of these hard-working products
Paul Scholes column: The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him

Paul Scholes column

The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him
Frank Warren column: No cigar, but pots of money: here come the Cubans

Frank Warren's Ringside

No cigar, but pots of money: here come the Cubans
Isis hostage crisis: Militant group stands strong as its numerous enemies fail to find a common plan to defeat it

Isis stands strong as its numerous enemies fail to find a common plan to defeat it

The jihadis are being squeezed militarily and economically, but there is no sign of an implosion, says Patrick Cockburn
Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action

Virtual reality: Seeing is believing

Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action
Homeless Veterans appeal: MP says Coalition ‘not doing enough’

Homeless Veterans appeal

MP says Coalition ‘not doing enough’ to help
Larry David, Steve Coogan and other comedians share stories of depression in new documentary

Comedians share stories of depression

The director of the new documentary, Kevin Pollak, tells Jessica Barrett how he got them to talk
Has The Archers lost the plot with it's spicy storylines?

Has The Archers lost the plot?

A growing number of listeners are voicing their discontent over the rural soap's spicy storylines; so loudly that even the BBC's director-general seems worried, says Simon Kelner
English Heritage adds 14 post-war office buildings to its protected lists

14 office buildings added to protected lists

Christopher Beanland explores the underrated appeal of these palaces of pen-pushing
Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Scientists unearthed the cranial fragments from Manot Cave in West Galilee