LAW SUMMARIES

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

Broadcasting

R v Broadcasting Complaints Commission, Ex p Granada Television Ltd; CA (Balcombe, McCowan LJJ, Sir Tasker Watkins) 14 Dec 1994.

The court would be slow to overturn a finding of the BCC, which was the body which Parliament considered appropriate to determine questions of fact and degree, such as whether there had been an infringement of privacy relating to a matter which had once been in the public domain.

Nicholas Chambers QC and Andrew Caldecott QC (Goodman Derrick) for Granada; David Pannick QC (Gregory Rowcliffe & Milners) for the BCC.

Contract

Barclays Bank plc v Fairclough Building Ltd and ors; CA (Nourse, Beldam LJJ, Sir Tasker Watkins); 26 Jan 1995.

A person undertaking to clean asbestos with a high-pressure hose did not simply warrant that the asbestos sheets would be clean when he had finished. He undertook to carry out the work with the care and skill necessary to perform the task safely and without causing extensive contamination of the surrounding area. He had to be conversant not only with the operation of the hose but with the risks associated with the work he was carrying out.

David Blunt QC and Charles Cory-Wright (Davies-Lavery, Maidstone) for the appellant; Giles Wingate-Saul QC and Michael Smith (Keogh Ritson, Bolton) for the respondent.

Crime

R v Bailey; CA (Crim Div) (Roch LJ, Garland, Gage JJ); 21 Dec 1994.

A trial judge should warn the jury pursuant to s 77 of the Police and Criminal Evidence Act 1984 that they should exercise a special need for caution before convicting an accused where the case depended substantially on the confession of a mentally handicapped person which was not made in the presence of an independent person. Confessions made to friends do not fall within the ambit of s 77.

Geoffrey Robertson QC, who did not appear below (Registrar of Criminal Appeals) for the appellant; Timothy Barnes QC (CPS) for the Crown.

Immigration

R v Secretary of State for the Home Department, Ex p Kuet and ors; CA (Sir Thomas Bingham MR, Hobhouse, Morritt LJJ); 19 Dec 1994.

A case is only authority for the decision of law it contains. If the relevant decision was one on a matter of fact, a different court was at liberty to reach a different decision. If the relevant question was assumed, it was not part of the decision and another court was not bound to make the same assumption.

Nicholas Blake QC (E Edwards Son & Noice) for the appellants; Mark Shaw (Treasury Solicitor) for the Home Secretary.

Start your day with The Independent, sign up for daily news emails
  • 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

Ashdown Group: Front-End UI Application Developer

£30000 - £40000 per annum + Benefits: Ashdown Group: Front-End UI Application ...

Recruitment Genius: Digital Account Executive

£18000 - £26000 per annum: Recruitment Genius: They work with major vehicle ma...

Recruitment Genius: Service Engineers - Doncaster / Hull

£27000 per annum: Recruitment Genius: Domestic Service Only Engineers are requ...

Recruitment Genius: Employability / Recruitment Adviser

£23600 - £27500 per annum: Recruitment Genius: The Employability Service withi...

Day In a Page

Where the spooks get their coffee fix: The busiest Starbucks in the US is also the most secretive

The secret CIA Starbucks

The coffee shop is deep inside the agency's forested Virginia compound
Revealed: How the Establishment closed ranks over fallout from Loch Ness Monster 'sighting'

How the Establishment closed ranks over fallout from Nessie 'sighting'

The Natural History Museum's chief scientist was dismissed for declaring he had found the monster
One million Britons using food banks, according to Trussell Trust

One million Britons using food banks

Huge surge in number of families dependent on emergency food aid
Excavation at Italian cafe to fix rising damp unearths 2,500 years of history in 3,000 amazing objects

2,500 years of history in 3,000 amazing objects

Excavation at Italian cafe to fix rising damp unearths trove
The Hubble Space Telescope's amazing journey, 25 years on

The Hubble Space Telescope's amazing journey 25 years on

The space telescope was seen as a costly flop on its first release
Did Conservative peer Lord Ashcroft quit the House of Lords to become a non-dom?

Did Lord Ashcroft quit the House of Lords to become a non-dom?

A document seen by The Independent shows that a week after he resigned from the Lords he sold 350,000 shares in an American company - netting him $11.2m
Apple's ethnic emojis are being used to make racist comments on social media

Ethnic emojis used in racist comments

They were intended to promote harmony, but have achieved the opposite
Sir Kenneth Branagh interview: 'My bones are in the theatre'

Sir Kenneth Branagh: 'My bones are in the theatre'

The actor-turned-director’s new company will stage five plays from October – including works by Shakespeare and John Osborne
The sloth is now the face (and furry body) of three big advertising campaigns

The sloth is the face of three ad campaigns

Priya Elan discovers why slow and sleepy wins the race for brands in need of a new image
How to run a restaurant: As two newbies discovered, there's more to it than good food

How to run a restaurant

As two newbies discovered, there's more to it than good food
Record Store Day: Remembering an era when buying and selling discs were labours of love

Record Store Day: The vinyl countdown

For Lois Pryce, working in a record shop was a dream job - until the bean counters ruined it
Usher, Mary J Blige and Will.i.am to give free concert as part of the Global Poverty Project

Mary J Blige and Will.i.am to give free concert

The concert in Washington is part of the Global Citizen project, which aims to encourage young people to donate to charity
10 best tote bags

Accessorise with a stylish shopper this spring: 10 best tote bags

We find carriers with room for all your essentials (and a bit more)
Paul Scholes column: I hear Manchester City are closing on Pep Guardiola for next summer – but I'd also love to see Jürgen Klopp managing in England

Paul Scholes column

I hear Manchester City are closing on Pep Guardiola for next summer – but I'd also love to see Jürgen Klopp managing in England
Jessica Ennis-Hill: 'I just want to give it my best shot'

Jessica Ennis-Hill: 'I just want to give it my best shot'

The heptathlete has gone from the toast of the nation to being a sleep-deprived mum - but she’s ready to compete again. She just doesn't know how well she'll do...