Law Report: Case Summaries ; 13 March 2000
THESE NOTES of judgments were prepared by the reporters of the All England Law Reports.
Burgess v British Steel and anor; CA (Swinton Thomas, Chadwick, Clarke LJJ) 19 Jan 2000.
Where, following a payment into court by the defendant to an action for damages for personal injuries the defendant had disclosed to the claimant the report of an expert witness which indicated that the claimant was malingering, and the claimant was eventually awarded less than the sum paid in, the judge was wrong to depart from the normal rule and make no order for costs from the date of the payment in. There was no evidence that the claimant had come to court other than to recover damages claimed by him. He had not done so to protect his good character and the judge had not mentioned the issue of malingering when dealing with the question of damages.
Christopher Kemp (Clarke Wilmot & Clarke, Bristol) for the claimant; Benjamin Browne QC (Rigg & Co, Bristol) for the defendants.
Sinclair v British Telecommunications plc; CA (Peter Gibson, Judge LJJ, Ferris J) 21 Jan 2000.
The court had an inherent jurisdiction by which it could prevent a claimant from subjecting a defendant to an action to a second, substanti-ally similar, action without satisfying his obligations in respect of the first action, and the jurisdiction was sufficiently wide to enable the court to make an order against a claimant in the second action where he was the successor in title of the claimant in the first action.
Philip Engleman, Paul Spencer (instructed by Bettesh Fox) for S; Malcolm Chapple (BT Group Legal Services) for BT.
Bache v Essex County Council; CA (Peter Gibson, Mummery LJJ, Ferris J) 21 Jan 2000.
Section 6(1) of the Employment Tribunals Act 1996 conferred an unqualified statutory right on an applicant to be represented before an employment tribunal by a person of his or her choosing. In an extreme case, where a representative caused difficulty for the tribunal, the conduct of the representative could constitute contempt, although the tribunal itself would not be able to punish for contempt.
Thomas Roe (The Bar pro bono unit) for B; Thomas Linden (Essex County Council Corporate Law Division) for the council.
R v South Ribble Borough Council Housing Benefit Review Board, ex p Hamilton; CA (Henry, Robert Walker LJJ, Scott Baker J) 24 Jan 2000.
A housing benefit review board could make a finding that a current award of income support on which a …
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Publication information: Article title: Law Report: Case Summaries ; 13 March 2000. Contributors: Not available. Newspaper title: The Independent (London, England). Publication date: March 13, 2000. Page number: 16. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.