England and Wales High Court of Justice

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F & I Services Ltd, R (On The Application Of) v Customs & Excise, Court of Appeal - Administrative Court, April 14, 2000, [2000] EWHC Admin 327




Royal Courts of Justice
Strand
London WC2A 2LL

Friday 14th April 2000
B e f o r e

THE HON. MR JUSTICE CARNWATH

R -V- COMMISSIONERS OF CUSTOMS AND EXCISE
EX PARTE F & I SERVICES LTD

AND

F & I SERVICES LIMITED
-V-
COMMISSIONERS OF CUSTOMS AND EXCISE

__________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
__________

Mr Michael Kent QC and Mr Rupert Anderson (instructed by Solicitors of HM Customs and Excise New Kings Beam House 22 Upper Ground London SE1 9PJ) appeared on behalf of HM Commissioners of Customs and Excise.

Mr Roderick Cordara QC and Miss Perdita Cargill-Thompson (instructed by Messrs Hutchinson Mainprice & Co, 80- Ebury Street London SW1W 9QD appeared on behalf of F & I Services Ltd
__________

Judgment
As Approved by the Court

Crown Copyright ©



The Hon. Mr Justice Carnwath:

Part I - The Appeal
Introduction

I have before me an appeal from a decision of the VAT Tribunal (Mr Nicol and Mr Khan) dated 26th February 1999. (The related application for judicial review against the Commissioners of Customs and Excise will be considered in Part II.) The facts relevant to the appeal are fully set out in the Tribunal's decision and it is unnecessary to do more than summarise them.
The appeal concerned a proposed scheme, whereby books of vouchers would be sold to car dealers for them to offer to purchasers of cars. Each voucher was for a specified sum which could be used towards the purchase of goods or services with a named retailer (for instance The Sock Shop or Harvester Restaurants), or of mechanical breakdown insurance provided through the car dealer. The total nominal value of the vouchers in each book was approximately £2,200. They were sold to car dealers for the price of £10.40 each, and by the car dealers to their customers at a nominal price of £300, included as part of the overall price of the car (there is a dispute whether it represents the true price for the vouchers). The scheme was devised by the appellants ("F&I") who had an established business relationship with a car dealer network. They arranged for a company called Entertainment Publications Ltd ("EP") to design and produce the voucher booklet and to contract with the retailers named in the vouchers. It was accepted by F&I that VAT was chargeable on the supply of books to the car-dealers, but it was hoped to avoid...
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Atkins v Director Of Public Prosecutions, Court of Appeal - Administrative Court, March 08, 2000, [2000] EWHC Admin 302,[2000] 2 All ER 425,[2000] 1 WLR 1427,[2001] 1 WLR 1427


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Case No: CO/3417/99
CO/3002/99
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST
DIVISIONAL COURT
Royal Courts of Justice
Strand, London, WC2A 2LL

Wednesday 8 March 2000

B e f o r e :

LORD JUSTICE SIMON BROWN
and
MR JUSTICE BLOFELD

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- - - - - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
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Miss Helen Malcolm (instructed by Offenbach & Co of London W1V 2BA Solicitors) appeared for the Appellant, Dr Atkins
Mr Peter Blair (instructed by Nile Arnall of Bristol BS1 5NA Solicitors) appeared for the Appellant, Mr Goodland
Mr Robert Davies (instructed by The Treasury Solicitor) appeared for the DPP

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Judgment
As Approved by the Court

Crown Copyright ©


Lord Justice Simon Brown: These two appeals by way of case stated raise a number of interesting and difficult questions as to the proper construction and application of the Protection of Children Act 1978 (the PCA) and s.160 of the Criminal Justice Act 1988 (the CJA), provisions concerned with indecent photographs of children.

Antony Rowan Atkins was convicted by the Avon Metropolitan Stipendiary Magistrate at Bristol Magistrates Court on 27 May 1999 of 10 offences of having in his possession indecent photographs of children between specified dates in October 1997 contrary to s.160(1) of the CJA. On 25 May 1999 the Magistrate had upheld a submission that Dr Atkins had no case to answer in respect of 21 additional counts of making indecent photographs of children between the same dates contrary to s.1(1)(a) of the PCA. Dr Atkins appeals against his conviction on the 10 possession counts; the DPP appeals against Dr Atkins' acquittal on the 21 "making" counts.

Peter John Goodland was convicted by the Avon Justices at Bristol Magistrates Court on 21 April 1999 on one count of having in his possession on 5 November 1998 an indecent pseudo-photograph of a child contrary to s.160(1) of the CJA. He now appeals against that conviction.
Although the two appeals raise entirely different points (both coming by sheer chance from Bristol Magistrates Court), it has se...
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Ebuki, R (on the application of) v London Borough Of Barking & Dagenham, Court of Appeal - Administrative Court, December 05, 2000, [2000] EWHC Admin 426

CO/1066/2000
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST
Royal Courts of Justice
Strand
London WC2A 2LL

Tuesday 5 December 2000
B e f o r e
Mr JACK BEATSON Q.C.

Sitting as a Deputy High Court Judge
THE QUEEN
v
MAYOR AND BURGESSES OF THE LONDON BOROUGH
OF BARKING AND DAGENHAM
EX PARTE
(1) MAKILA EBUKI
(2) BRANDON EBUKI (BY HIS MOTHER AND
LITIGATION FRIEND MAKILA EBUKI)
- - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Ms N Ulasi (instructed by Ulasi & Partners, Corbett Grove, N22 8DQ) appeared on behalf of the Claimant
Mr M Cumming (instructed by Edell Jones & Lessers DX4701 East Ham) appeared on bahalf of the Defendant
Judgment
As Approved by the Court

Crown Copyright ©

JACK. BEATSON Q.C.:-

These judicial review proceedings are concerned with section 17 of the Children Act 1989 which imposes a general duty on local authorities to safeguard and promote the welfare of children by providing services for children in need. Section 17 provides:
It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)-
to safeguard and promote the elfare of children within their area who are in need; and
so far as is consistent with that duty, to promote the upbringing of such children by their families,
by providing a range and level of serives appropriate to those children's needs.
... (6) The services provided by a local authority in the ex...
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Al-Fawwaz v The Governor Of Brixton Prison, Court of Appeal - Administrative Court, November 30, 2000, [2000] EWHC Admin 424




Case No: CO/3833/99

IN THE SUPREME COURT OF JUDICATURE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 30 November 2000

B e f o r e :

LORD JUSTICE BUXTON
MR JUSTICE ELIAS


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- - - - - - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)

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Mr Edward Fitzgerald QC and Mr Keir Starmer (instructed by Raja & Partners for the Applicant)
Mr James Lewis and Miss Saba Naqshbandi (instructed by the Treasury Solicitor for the Respondent)

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Judgment
As Approved by the Court

Crown Copyright ©




Lord Justice Buxton:
1. This the judgment of the court, to which both members have made substantial contributions.
The basic facts and the issues
2. The applicant Mr Al-Fawwaz is accused in proceedings before the United States District Court for the Southern District of New York of conspiring with Usama bin Laden and others between 1 January 1993 and 27 September 1998 by agreeing that:
a) citizens of the the USA would be murdered in the the USA and elsewhere;
b) bombs would be planted and exploded at American embassies and other American installations;
c) American officials would be killed in the Middle East and Africa;
d) American soliders deployed in the United Nations peacekeeping missions would be murdered;
e) American Diplomats and other internationally protected persons would be murdered.
3. The category referred to of Internationally Protected Persons [IPP] is recognised by the [United Kingdom] Internationally Protected Persons Act 1978. That provides that any murder of an IPP outside the United Kingdom is justiciable within the United Kingdom, even if the accused is not a United Kingdom citizen. 4. The USA government's case alleges as follows. Bin Laden was the moving force in an Islamic terrorist organisation called Al-Qaida, devoted to violent opposition to, in particular, the USA. The organisation issued various Fatwahs or rulings, which members were obliged to obey, including rulings requiring the pursuit of jihad (holy war) against the USA. Since 1993 al Qaida had operated a cell in Kenya. In 1994 it created an organisation in London called the Advice and Reform Committee [ARC], which purported to be devoted to peaceful activities against breaches of human rights in Arab countries, but which was in fact the London organisation of the conspiracy. Amongst the alleged fruits of this conspira...
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Higher Education Statistics Agency Ltd & Customs & Excise, Court of Appeal - Administrative Court, March 28, 2000, [2000] EWHC Admin 311




Case no: co/1268/99
In the HIGH Court of JUSTICE
QUEENS BENCH DIVISION
CROWN OFFICE LIST
Royal Courts of justice
Strand, London, wc2a 2ll

Tuesday 28 March 2000
Before:

thE HON MR JUSTICE MOses
BETWEEN:

Higher education statistics agency limited
Appellant
And

The commissioners of custom and excise
RESPONDANT
____________________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
____________________

MR RUPERT BALDRY (instructed by messrs willans/ Gloucester GL50 1RH) appeared on behalf of the Appellant.
MR PETER MANTLE and MR OWAIN THOMAS (instructed by H.M. Customs and Exvise Solicitor) appeared on behalf of the Respondent.

____________________

Judgment
As Approved by the Court

Crown Copyright ©





Introduction
In this appeal from a decision of the VAT and Duties Tribunal the issue is whether the Appellant, Higher Education Statistics Agency Ltd ("HESA") is liable to pay VAT when it purchased freehold premises at a public auction. The property was an asset of the business of the vendor, Royal and Sun Alliance Insurance Plc ("RSA"). The sale was the transfer of part of RSA's business as a going concern; the property was rent...
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Godfrey v Conwy County Borough Council, Court of Appeal - Administrative Court, November 13, 2000, [2000] EWHC Admin 443

SMITH BERNAL
CO/438/2000
[2000] EWHC Admin 443 (14 November 2000)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)
Royal Courts of Justice
Strand
London WC2

Monday 13 November 2000

B e f o r e:

LORD JUSTICE ROSE

-and-

MR JUSTICE MOSES

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GODFREY


-v-


CONWY COUNTY BOROUGH COUNCIL

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(Computer-aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040/0171-404 1400
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)

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MR C HALE (instructed by DP HARDING & CO SOLICITORS, 220 WALTON BRECH RD, LIVERPOOL L4 ORQ) appeared on behalf of the Claimant.
MR A THOMAS (instructed by CONWY COUNTY BOROUGH COUNCIL) appeared on behalf of the Defendant.


J U D G M E N T 1. LORD JUSTICE ROSE: This is an appeal by way of case stated against a decision of the Chester Crown Court who dismissed an appeal from the County of Conwy Justices sitting at Abergele on 21st December 1998. The Crown Court decision was on 15th September 1999. 2. The case conce...
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M L, R (on the application of) v Secretary Of State For Heal, Court of Appeal - Administrative Court, October 11, 2000, [2000] EWHC Admin 397


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Case No: CO/4858/1999

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 11 October 2000

B e f o r e :

THE HON MR JUSTICE SCOTT BAKER




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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Mr Richard Gordon QC & Fenella Morris(instructed by Peter Edwards & Co for the Applicant)
Mr Philip Sales (instructed by The Department of Health for the Respondent)

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Judgment
As Approved by the Court

Crown Copyright



Mr Justice Scott Baker:
The Applicant is a patient at Rampton Hospital. He seeks to challenge Health Service Circular HSC 1999/160 dated 23 July 1999 which sets out Directions and Guidance for visits by children to patients in high security hospitals namely Ashworth, Broadmoor and Rampton. Patients in these hospitals suffer from mental disorders and need to be treated and cared for in conditions of special security because of their dangerous, violent or criminal tendencies.
The statement of Jennifer Anne Gray sets out in detail the background to this challenge and the circumstances leading to the promulgation of the circular. Section 4 of the National Health Service Act 1977 requires the Secretary of State for Health to provide special hospitals for detained mentally disordered patients. There are three such hospitals of which Rampton, with which this case is directly concerned, has a catchment area that comprises Yorkshire and parts of eastern and central England. It has an average patient population of around 450. Patients are housed in high security wards and the average stay is 7½ years, although some patients remain a good deal longer. Ov...
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Tesco Stores Ltd v Secretary Of State For Environment, Transport & Regions, Court of Appeal - Administrative Court, May 25, 2000, [2000] EWHC Admin 349



Case no: CO/2297/2000
IN THE high court of justice
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT



Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 21st December 2000

Before:

The honourable mr justice richards

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Tesco stores limited
-v-
the secretary of state for the environment, transport and the regions

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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Mr P Clarkson QC and Mr S White (Instructed by Berwin Leighton solicitors, Adelaide House, London Bridge, London, EC4A 9HA) on behalf of the Claimant
Ms N Lieven (Instructed by Treasury Solicitor London,SW1H 9JS) on behalf of the Defendant


Judgment
As Approved by the Court


Crown Copyright ©
MR JUSTICE RICHARDS:
This is a claim by Tesco Stores Ltd ("Tesco") under s.288 of the Town and Country Planning Act 1990 challenging a decision of the Secretary of State for the Environment, Transport and the Regions contained in a letter dated 25 May 2000. By that decision, made on a call-in under s.77 of the 1990 Act, the Secretary of State refused planning permission for a proposed development of a supermarket on the site of a former bus depot at Quinton, Birmingham.
The application was for outline planning permission. The total area of the application site was some 2.4 ha, the gross floorspace of the proposed store was 3215 m2 (1910 m2 net) and provision was made for 284 parking spaces associated with the store. The proposed store was an out-of-centre development. Centres within the store's catchment area included Quinton, Halesowen, Bearwood, Blackheath and Harborne.
The local planning authority resolved to grant permission subject to conditions and a s.106 agreement, but the Secretary of State then called the application in. The inspector, after holding a public inquiry, submitted his report on 21 September 1999. In that report he recommended that permission be granted subject to conditions. In his decision letter the Secretary of State disagreed with a number of the conclusions reached by his inspector and rejected the inspector's recommendation.
The basis of challenge to the Secretary of State's decision is fourfold:
that he failed adequately or at all to state what were his conclusions on the need for the development in terms of scale and location; that he failed adequately or at all to state how he applied the sequential approach in the light of his conclusion as to need and as to the centres in which the claimant...
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Braiwaite v Doncaster Metropolitan Borough Council, Court of Appeal - Administrative Court, March 17, 2000, [2000] EWHC Admin 306


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Case No: CO 3435/98

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE

Chester Crown Court
The Castle, Chester CH1 2AN


Monday 17 March 2000


B e f o r e :

THE HON MR JUSTICE FORBES



(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)



Judgment
As Approved by the Court

Crown Copyright ©

Mr Justice FORBES:

INTRODUCTION
Gregory and Martin Braithwaite (the "Applicants") are the freehold owners of approximately 3.6 hectares of agricultural land ("the Braithwaite land"), situated to the west of Pastures Road on the eastern edge of Mexborough and sandwiched between a residential area to its north-west and a sewage treatment works to its south-east. The Respondent, Doncaster Metropolitan Borough Council ("the Council"), is the relevant local Planning Authority for the area in question.

The Braithwaite land, with the addition of a further small area of land not owned by the Applicants, forms a parcel of land to which I shall hereafter refer as "the site". In these proceedings, which are brought under Section 287 of the Town and Country Planning Act 1990 ("the 1990 Act"), the Applicants seek an Order that Policy RL1 of the Doncaster Unitary Development Plan ("the UDP": adopted on 21 July 1998) be quashed, insofar as it relates to the site, and that the Proposals Map of the UDP be amended accordingly.

The Legal Framework
Part II of the 1990 Act contains the relevant statutory provisions which empowered the Council to prepare the UDP for its area. Section 13 of the 1990 Act makes provision for public participation, including the deposit of the plan for inspection and objection. Section 13 (6) requires that there be consideration of objections duly made. By Section 16 (1), where objections have been made to the deposit plan, the local planning authority (i.e. in this case, the Council) is empowered to cause a local Inquiry to be held for the purpose of considering those objections.

Regulation 16 of the Town and Country Planning (Development Plan) Regulations 1991 ("the 1991 Regulations") provides, so far as material:
(1) Where a local planning authority cause a local inquiry or other hearing to be held..... the authority shall, after considering the report of the person holding the inquiry, ... prepare a statement of:

(a) the decisions they have reached in the light of the report and any recommendations contained in the report; and

(b) the reasons for those decisions."

(4) Where the report of the person holding the inquiry ... contains recommendations that the statutory plan proposals should be modified in a manner specified...
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Adewole v Special Adjudicator & Anor, Court of Appeal - Administrative Court, March 27, 2000, [2000] EWHC Admin 309

1
Case no: co/1268/99
In the HIGH Court of JUSTICE
QUEENS BENCH DIVISION
CROWN OFFICE LIST
Royal Courts of justice
Strand, London, wc2a 2ll

Monday 27 March 2000

Before:

thE HON MR JUSTICE MOses

ADERMI OLADELE ADEWOLE
Appellant
And
sPECIAL ADJUDICATOR
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDANT
____________________

(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
____________________

Stephanie Harrison (instructed by Tyndallwodes, Windsor House, Temple Row, Birmingham, B2 52S for the Appellant)
Ashley Underwood (instructed by The Treasury Solicitors for the Respondent)
____________________

Judgment
As Approved by the Court
Crown Copyright ©








Lord Justice Schiemann :-
Mr Adewole is an asylum seeker from Nigeria. He sought asylum on arrival here in October 1998. He was interviewed. His application was rejected by l...
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