Law: Case Summaries

The Independent (London, England), March 15, 1999 | Go to article overview
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Law: Case Summaries


THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.

Sentencing

R v Brown and ors; CA, Crim Div (Auld LJ, Forbes, David Steel JJ) 3 Feb 1999. WHILST SUBSTANTIAL sentences were justified for offences of conspiracy to pervert the course of justice and conspiracy to corrupt a police officer because of the impact of such offences on the criminal justice system, a starting point of 13 years' imprisonment was far too high, even where a defendant who was a former police officer had used know-how and contacts gained during his time in the police force in committing a pattern of serious offences. John Nutting QC, Anne Johnston (Registrar of Criminal Appeals) for Brown; Graham Henson (Registrar of Criminal Appeals) for King; Sasha Wass (Registrar of Criminal Appeals) for Mahoney. Negligence Nationwide Building Society v Thimbleby & Co; Ch D (Blackburne J) 26 Feb 1999. "NEGLIGENCE" IN s 4 of the Law Reform (Contributory Negligence) Acr 1945, whether applied to a plaintiff or a defendant, meant negligence actionable as a tort. Accordingly, contributory negligence was not available as a defence in an action for damages for deceit. Michael Driscoll QC, Timothy Higginson, Ian Gatt (Dibb Lupton Alsop) for the plaintiff; Nicholas Davidson QC, Francis Bacon (Browne Jacobson) for the defendant. Insolvency Re a debtor (No SD 27 of 1998); Ch D (Neuberger J) 4 March 1999. THE COURT could set aside a statutory demand served on a debtor in respect of a stopped cheque under r 6.5(a) of the Insolvency Rules 1986 where the debtor raised a claim against the creditor which could not be a defence to a claim on the cheque, if it were satisfied that there was a good reason for so doing. Matthew Wales (Rickerby Watterson, Cheltenham) for the debtor; Louise Varty (Grange Wintringham, Grimsby) for the respondent. Crown Court R v Snaresbrook Crown Court, ex p Input Management Ltd; QBD, Div Ct (Kennedy LJ, Blofeld J) 4 March 1999. WHERE NO reasons had been given by a judge sitting with justices in the Crown Court when dismissing an appeal from the magistrates' court, a note of the proceedings subsequently provided by the judge, which was unsupported by an affidavit and was not signed by the other members of the court, was of no real weight.

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