Case Summaries: 22 March 1999
THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.
R v Liverpool Magistrates' Court, ex p Abiaka; QBD, Div Ct (Kennedy LJ, Blofeld J) 5 March 1999. ON A true construction of s 16(1) of the Prosecution of Offences Act 1985 any magistrates' court had the power to make a defendant's costs order: the power was not restricted to the particular bench of magistrates who had actually dismissed the case against the defendant. Furthermore, there was nothing in the statute which stated that costs orders had to be made timeously. Stuart Mills (R.M. Broudie & Co, Liverpool) for the applicant. Tax Hillsdown Holding plc v IR Commrs; Ch D (Arden J) 11 March 1999. THE WORD "payment" meant "effective payment" in relation to a payment made to an employer out of its approved pension scheme, giving rise to a tax liability under s 601 of the Taxes Act 1988. Where the payment to the employer was found to be in breach of trust and was returned to the pension fund by order of the court, there was no "effective payment" and the Revenue had to repay the tax. David Oliver QC and Nigel Giffen (Herbert Smith) for the taxpayer; Ian Glick QC and Richard Gillis (IR Solr) for the Crown. Sentencing Attorney-General's Reference (No 71 of 1998); CA, Crim Div (Judge LJ, Sachs, Klevan JJ) 8 March 1999. WHERE AN offender who had already been convicted of a "serious offence" within s 2(5) of the Crime (Sentences) Act 1997 committed a robbery which, in order to qualify as a second "serious offence" making him liable to a sentence of life imprisonment, required that the offender had had possession of a firearm, it was sufficient that the offence had been committed as a joint enterprise where a firearm had been used, even though the offender himself had never had possession of it. Neil Moore (CPS) for the Attorney General; Louise Godfrey QC (Grahame Stowe Bateson, Leeds) for the offender. Employment Barber and ors v RJB Mining (UK) Ltd; QBD (Gage J) 3 March 1999. REGULATION 4(1) of the Working Time Regulations 1998, which set a maximum weekly working time for all workers covered by the regulations, imposed a contractual …
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Publication information: Article title: Case Summaries: 22 March 1999. Contributors: Not available. Newspaper title: The Independent (London, England). Publication date: March 22, 1999. Page number: 7. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.
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