LAW REPORTS: CASE SUMMARIES

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

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

Child

Re J (a minor: specific issue order); FD (Wall J); 14 Feb 1995.

The court had no jurisdiction under the Children Act 1989 to grant leave to a minor to apply for a specific issue order under s 8 requiring the local authority to deem him to be a child in need under s 17 and make appropriate provision for him. The question whether or not he was a child in need was not a specific question arising in connection with parental responsibility. It was a matter for the local authority, whose powers and duties under Part III of the Children Act should not be the subject of judicial scrutiny except by means of judicial review.

Vera Meyer (Council Solicitor) for the local authority; Stephen Cobb (S Harman, Canterbury) for the applicant.

Coroners

R v HM Attorney General, Ex p Ferrante; CA (Sir Thomas Bingham MR, Kennedy, Millett LJJ); 8 Feb 1995.

The Attorney General, in considering whether to give his authority for an application to the High Court under s 13 of the Coroners Act 1988 for the holding of another inquest, was entitled to have regard to the prospects of success of such an application.

Richard Gordon QC (Trump & Partners, Bristol) for the applicant; Stephen Richards (Treasury Solicitor) for the AG.

Evidence

R v Foxley; CA (Cr Div) (Roch LJ, Curtis, Stuart White JJ); 6 Feb 1995.

The wording of s 24(1)(ii) of the Criminal Justice Act 1988 (pursuant to which a statement in a document containing information supplied by a person with personal knowledge of the matters dealt with, was, subject to conditions, admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible) demonstrated that Parliament anticipated that courts could draw inferences as to the personal knowledge of the person supplying the information of the matters dealt with, the document speaking for itself, provided the two conditions in the subsection were satisfied. Direct oral evidence was not essential, although often desirable.

Roy Amlot QC, Christopher Sallon QC (Registrar of Criminal Appeals) for the appellant; Victor Temple QC, Warwick McKinnon (CPS HQ) for the Crown.

VAT

Customs & Excise Commrs v Richmond Theatre Mgt Ltd; QBD (Dyson J); 30 Jan 1995.

VAT was to be accounted for when advance payment was received for tickets by a theatre management, not when the performance took place, notwithstanding the statement in the conditions of sale that the money was held on trust for the customer pending performance.

Kenneth Parker QC (Customs & Excise) for the Crown; the taxpayer did not appear.

Virgin Atlantic Airways Ltd v Customs & Excise Commrs; Canadian Airlines Intl Ltd v Same; QBD (Turner J); 3 Feb 1995.

The provision of a limousine service to the airport for first class airline passengers was not for VAT purposes a supply separate from, but was incidental to, the supply of international air travel, which was zero-rated.

David Milne QC, Rupert Baldry (KPMG Peat Marwick and Legal Dept, Virgin Atlantic Airways) for Virgin; Kevin Prosser (Ashurst Morris & Crisp) for Canadian Airways; Stephen Richards (Customs & Excise) for the Crown.

Negligence

Defreitas v O'Brien and anor; CA (Leggatt, Swinton Thomas, Otton LJJ); 2 Feb 1995

Where an action for negligence was brought against a doctor, it was open to the judge, in considering whether the doctor had acted in accordance with a responsible body of medical opinion, to find as a fact that a small number of specialists constituted a responsible body and that that body would have considered the doctor's action justified.

Daniel Brennan QC and Charles Utley (Kingsley Napley) for the appellant; Piers Ashworth QC and Terence Coghlan QC (Hempsons) for the respondents.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA celebration of British elections
News
i100
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
health
News
science
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
News
Chuck Norris pictured in 1996
people
Arts and Entertainment
Sarah Lucas, I SCREAM DADDIO, Installation View, British Pavilion 2015
artWhy Sarah Lucas is the perfect choice to represent British art at the Venice Biennale
News
A voter placing a ballot paper in the box at a polling station
i100
News
people
Arts and Entertainment
The Queen (Kristin Scott Thomas) in The Audience
theatreReview: Stephen Daldry's direction is crisp in perfectly-timed revival
Sport
football
  • Get to the point
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

SThree: Trainee Recruitment Consultant - Dublin

£13676.46 - £16411.61 per annum + OTE: SThree: SThree Trainee Recruitment Cons...

Ashdown Group: Marketing or Business Graduate Opportunity - Norwich - £22,000

£18000 - £22000 per annum + training: Ashdown Group: Business and Marketing Gr...

SThree: Trainee Recruitment Consultant

£20000 - £25000 per annum + Commission: SThree: Are you great at building rela...

Ashdown Group: Database Analyst - Birmingham - £22,000 plus benefits

£20000 - £22000 per annum + excellent benefits: Ashdown Group: Application Sup...

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