Law Report: Case Summaries

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

Coroner

R v Coroner for Kent, Ex p Johnstone; QBD(DC) (McCowan LJ, Buxton J); 23 June 1994.

Since neuroleptic malignant syndrome is a reaction to drugs such as neuroleptics, whereas acute exhaustion mania is not, the pathologist at an inquest was wrong to suggest that the two phrases were interchangeable. In those circumstances, the jury's verdict of death by natural causes would be quashed and a fresh inquest ordered. The applicant, who was not legally aided, was awarded costs.

Edward Fitzgerald (Scott- Moncrieff & Harbour, Brighton) for the applicant; Paul Rees (Kent County Council Solicitor) for the coroner.

Crime

R v Taylor (Gary); CA(Crim Div)(Evans LJ, Popplewell, Tucker JJ); 22 July 1994.

It was a fundamental right of a defendant to see and know the identity of his accusers, including witnesses for the Crown, which should only be denied in rare and exceptional cases. Whether such circumstances existed was pre-eminently a decision for the exercise of the trial judge's discretion. In exercising that discretion (1) there must be real grounds for fear of the consequences if the evidence were given and the identity of the witness revealed; (2) the evidence must be sufficiently relevant and important to make it unfair to make the Crown proceed without it; (3) the Crown must satisfy the court that the credit worthiness of the witness had been fully investigated and disclosed; (4)the court must be satisfied that there would be no undue prejudice to the accused; and (5) the court could balance the need for protection of witnesses, including the extent of that protection, against unfairness or the appearance of unfairness.

Alan Rawley QC (Registrar of Criminal Appeals) for the appellant; David Spens (CPS) for the Crown.

R v Gray and ors; CA(Crim Div)(Glidewell LJ, Blofeld, Buxton JJ); 29 July 1994.

Where two persons are engaged in a common enterprise, the acts and declarations of one in pursuance of that common enterprise are admissible against the other. That principle, where a conspiracy was not charged, applied to the commission by two or more people acting in concert of a substantive offence or series of offences, and was limited to evidence which showed the involvement of each of the defendants in the commission of the offence or offences.

Clare Montgomery; Roderick Price; Peter Lodder; Paul Spencer (Registrar of Criminal Appeals) for the four appellants; Peter W Clarke and Philip Katz (DTI Solicitor) for the Crown.

EC law

French Republic and ors (interveners) v Commission of the European Communities (Case C-327/91); ECJ; 9 Aug 1994.

On 23 Sept 1991 the Commission of the European Communities and the United States signed an agreement on certain measures of co-operation, co-ordination and consultation in relation to the application of their respective competition laws. On an application for a declaration that the agreement was void, the ECJ declared void the act whereby the commission had sought to conclude the agreement, on the ground that by art. 228(1) of the EEC Treaty the commission had the power to negotiate an agreement such as the one in question, but, 'subject to the powers vested in the commission in this field' only the council could conclude such an agreement. The commission's argument that the case came within the proviso because, inter alia, the agreement was a mere administrative one which the commission was competent to conclude, was rejected by the court.

Employment

Mediguard Services Ltd v Thame; EAT (Morison J, Mr AC Blyghton, Mr KM Young); 29 July 1994.

Compensation for unfair dismissal was consideration received by a former employee from his former employer in respect of his employment and therefore constituted 'pay' within art. 119 of the EC Treaty. Accordingly a part- time employee who was unable under domestic law to bring a claim before an industrial tribunal for unfair dismissal could rely instead on art. 119.

Joanne Connolly (Robert Ward-Jones, East Grinstead) for the employer; Caroline Underhill, representative (Avon and Bristol Community Law Centre) for the employee.

R v Inland Revenue Commissioners, Ex p Unilever plc and related appeal; QBD(Macpherson J); 29 July 1994.

The Revenue, having allowed informal claims made by a company for loss of relief against its corporation tax liability over many years, had acted unfairly in refusing similar claims without notice to the taxpayer that the established practice was no longer acceptable. Acquiescence in accepting informal or late claims on previous occasions amounted to a representation that such claims would be accepted. The Revenue should exercise its discretion to allow the claims.

Robert Venables QC and JAmes Kessler (Beachcroft Stanleys) for the taxpayers; Alan Moses QC and Rabinder Singh (Inland Revenue Solicitor) for the Crown.

Value added tax

Primback Ltd v Customs and Excise Commissioners; QBD(May J); 26 July 1994.

A company operating retail scheme A, pursuant to customs notice 727, attracted VAT on the full amount of the advertised price where 'interest-free credit' was offered. The company, which would receive from a finance house a lesser amount reflecting a deduction for interest charges over the period of a loan made to the customer, claimed that the price received for the goods, on which VAT was due, was not the full advertised price but the amount actually received from the finance house. The exemption for the provision of credit in the Value Added Tax Act 1983, Sch 6, grp 5, did not apply since no separate charge for credit was disclosed to the customer.

Roderick Cordara QC and Perdita Cargill-Thompson (HH Mainprice) for the taxpayer; Christopher Vadja (Customs & Excise Solicitor) for the Crown.

Arts and Entertainment
Gregg Wallace in Summer's Supermarket Secrets
tv All of this year's 15 contestants have now been named
Arts and Entertainment
Inside the gallery at Frederick Bremer School in Walthamstow
tvSimon Usborne goes behind-the-scenes to watch the latest series
Life and Style
A picture taken on January 12, 2011 shows sex shops at the Paris district of Pigalle.
newsThe industry's trade body issued the moratorium on Friday
News
Winchester College Football (universally known as Winkies) is designed to make athletic skill all but irrelevant
Life...arcane public school games explained
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn evocation of the conflict through the eyes of those who lived through it
Arts and Entertainment
Could we see Iain back in the Bake Off tent next week?
tv Contestant teased Newsnight viewers on potential reappearance
Life and Style
Silvia says of her famous creation: 'I never stopped wearing it. Because I like to wear things when they are off the radar'
fashionThe fashion house celebrated fifteen years of the punchy pouch with a weighty tome
News
i100(and it's got nothing to do with the Great British Bake Off)
News
Angelina Jolie with her father Jon Voight
peopleAsked whether he was upset not to be invited, he responded by saying he was busy with the Emmy Awards
News
Bill Kerr has died aged 92
peopleBill Kerr appeared in Hancock’s Half Hour and later worked alongside Spike Milligan and Peter Sellers
News
news It's not just the world that's a mess at the moment...
Sport
footballPremiership preview: All the talking points ahead of this weekend's matches
News
Keira Knightley poses topless for a special September The Photographer's issue of Interview Magazine, out now
people
Voices
The Ukip leader has consistently refused to be drawn on where he would mount an attempt to secure a parliamentary seat
voicesNigel Farage: Those who predicted we would lose momentum heading into the 2015 election are going to have to think again
Arts and Entertainment
Cara Delevingne made her acting debut in Anna Karenina in 2012
film Cara Delevingne 'in talks' to star in Zoolander sequel
News
i100
Sport
Mario Balotelli pictured in his Liverpool shirt for the first time
football
Life and Style
tech
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

C# Algo-Developer (BDD/TDD, ASP.NET, JavaScript, RX)

£45000 - £69999 per annum + Benefits + Bonus: Harrington Starr: C# Algo-Develo...

Senior Data Scientist (Data Mining, Apache Mahout, Python,R,AI)

£60000 - £70000 per annum + Benefits + Bonus: Harrington Starr: Senior Data Sc...

Data Scientist (SQL,Data mining, data modelling, PHD, AI)

£50000 - £80000 per annum + benefits+bonus+package: Harrington Starr: Data Sci...

Java Developer - 1 year contract

£350 - £400 Per Day: Clearwater People Solutions Ltd: Our client based in Cent...

Day In a Page

Ukraine crisis: The phoney war is over as Russian troops and armour pour across the border

The phoney war is over

Russian troops and armour pour into Ukraine
Potatoes could be off the menu as crop pests threaten UK

Potatoes could be off the menu as crop pests threaten UK

The world’s entire food system is under attack - and Britain is most at risk, according to a new study
Gangnam smile: why the Chinese are flocking to South Korea to buy a new face

Gangnam smile: why the Chinese are flocking to South Korea to buy a new face

Seoul's plastic surgery industry is booming thanks to the popularity of the K-Pop look
From Mozart to Orson Welles: Creative geniuses who peaked too soon

Creative geniuses who peaked too soon

After the death of Sandy Wilson, 90, who wrote his only hit musical in his twenties, John Walsh wonders what it's like to peak too soon and go on to live a life more ordinary
Caught in the crossfire of a cyber Cold War

Caught in the crossfire of a cyber Cold War

Fears are mounting that Vladimir Putin has instructed hackers to target banks like JP Morgan
Salomé's feminine wiles have inspired writers, painters and musicians for 2,000 years

Salomé: A head for seduction

Salomé's feminine wiles have inspired writers, painters and musicians for 2,000 years. Now audiences can meet the Biblical femme fatale in two new stage and screen projects
From Bram Stoker to Stanley Kubrick, the British Library's latest exhibition celebrates all things Gothic

British Library celebrates all things Gothic

Forthcoming exhibition Terror and Wonder: The Gothic Imagination will be the UK's largest ever celebration of Gothic literature
The Hard Rock Café's owners are embroiled in a bitter legal dispute - but is the restaurant chain worth fighting for?

Is the Hard Rock Café worth fighting for?

The restaurant chain's owners are currently embroiled in a bitter legal dispute
Caribbean cuisine is becoming increasingly popular in the UK ... and there's more to it than jerk chicken at carnival

In search of Caribbean soul food

Caribbean cuisine is becoming increasingly popular in the UK ... and there's more to it than jerk chicken at carnival
11 best face powders

11 best face powders

Sweep away shiny skin with our pick of the best pressed and loose powder bases
England vs Norway: Roy Hodgson's hands tied by exploding top flight

Roy Hodgson's hands tied by exploding top flight

Lack of Englishmen at leading Premier League clubs leaves manager hamstrung
Angel Di Maria and Cristiano Ronaldo: A tale of two Manchester United No 7s

Di Maria and Ronaldo: A tale of two Manchester United No 7s

They both inherited the iconic shirt at Old Trafford, but the £59.7m new boy is joining a club in a very different state
Israel-Gaza conflict: No victory for Israel despite weeks of death and devastation

Robert Fisk: No victory for Israel despite weeks of devastation

Palestinians have won: they are still in Gaza, and Hamas is still there
Mary Beard writes character reference for Twitter troll who called her a 'slut'

Unlikely friends: Mary Beard and the troll who called her a ‘filthy old slut’

The Cambridge University classicist even wrote the student a character reference
America’s new apartheid: Prosperous white districts are choosing to break away from black cities and go it alone

America’s new apartheid

Prosperous white districts are choosing to break away from black cities and go it alone