Monday Law Report: Case Summaries ; 30 October 2000

The Independent (London, England), October 3, 2000 | Go to article overview
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Monday Law Report: Case Summaries ; 30 October 2000


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

LOCAL GOVERNMENT

R v Flintshire County Council, ex p Armstrong-Braun; QBD Crown Office List (Harrison J) 18 July 2000.

A county council standing order which required that a motion should be proposed and seconded before it was put on the council's agenda was not contrary to the policy and objectives of the Local Government Act 1972. It could quite properly be said to be concerned with the regulation of council business and proceedings within para 42 of Sch 12 to the Act.

Robert McCracken, Adam Solomon (Hill Dickinson) for the applicant; Clive Lewis (Peter Evans) for the county council.

NATURAL JUSTICE

R v Secretary of State for Health, ex p Wagstaff; R v Secretary of State for Health, ex p Associated Newspapers Ltd; Div Ct (Kennedy LJ, Jackson J) 20 July 2000.

Where the Secretary of State for Health had established an inquiry under s 2 of the National Health Service Act 1977 to consider the issues raised by the conviction of a general practitioner on 15 counts of murder, his decision not to hold the inquiry in public contravened art 10 of the European Convention on Human Rights since, on balance, the reasons he had given for the curtailment of the freedom to receive information and the freedom of expression were not persuasive.

Augustus Ullstein QC, Nicholas Bowen, Galina Ward (Alexander, Harris, Altrincham) for W and the victims' families; Desmond Browne QC, Matthew Nicklin Swepstone Walsh) for Associated Newspapers Ltd; David Elvin QC, James Maurici Mark Gidden) for the Secretary of State; Richard Gordon QC, Louis Browne Treasury Solicitor) for the inquiry chairman.

PENSION

Equitable Life Assurance Society v Hyman; HL Lord Slynn of Hadley, Lord Sten, Lord Hoffmann, Lord Cooke of Thorndon,Lord Hobhouse of Woodborough) 20 July 2000.

A life assurance society had acted in breach of its articles of association in adopting a policy whereby it paid a lower final bonus to policy-holders who had opted for an annuity at a guaranteed annual rate than the rate paid to policyholders who had chosen other options.

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Monday Law Report: Case Summaries ; 30 October 2000
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