The Gazette 1973

CURRENT LAW DIGEST SELECTED

In reading these cases note should be taken of the differences in English and Irish statute law. All dates relate to dates reported in The Times newspaper. Arbitration [Judgment delivered November 28]

Nationality A British protected person who went to Palestine before 1948 and became an Israeli national when Israel became independent on May 16, 1948, did not have a dual nationality so as to be both an Israeli national and a British national. Medins v Whimster; 29/11/72; C.A. Negligence Before Lord Justice Sachs, Lord Justice Karminski and Lord Justice Lawton. [Judgments delivered November 24] The duty of a highway authority under section 44 of the Highways Act, 1959, is reasonably to maintain and repair it so that it is free of danger to all who use it in a way normally to be expected of them, tak'ng into account the traffic normally to be expected on it. The authority cannot expect all drivers to be model drivers. Rider v Rider and Another; 28/11/72; C.A. Before Lord Justice Davies, Lord Justice Karminski and Lord Justice Lawton. The Post Office won an appeal from an award of £13,647 damages, by Mr. Justice O'Connor last March, to the administrators of the estate of Mr. Norman Brian West- wood, a Post Office technician, who died after falling through a trap door of the lift room at Hackney telephone exchange when working there on November 7, 1969. Lord Justice Lawton, in a reserved judgment, said that the Post Office had submitted that however much they might have been to blame for the physical condition which was the immediate cause of the accident, they were not liable to pay the plaintiffs damages because when the accident hap- pened Mr. Westwood was a trespasser. Westwood and Another v The Post Office; 23/11/1972; C.A. Before Lord Reid, Lord Wilberforce, Lord Simon, Lord Kilbrandon and Lord Salmon. A workman who contracted dermatitis after working only three days in new and worse conditions won his right to claim damages from his employers, the National Coal Board. The House of Lords decided that the board's failure to pro- vide adequate washing facilities materially contributed to the risk of a disease about which medical science was not yet fully informed. McGhee v National Coal Board; 15/11/72; House of Lords. A football club was held not to be liable to pay national insurance and industrial injury contribut : ons in respect of a player who could not play football after being injured even though he was quite capable of doing other work at the time. Chesterfield Football Club v Secretary of State for Social Services; 1/12/72; Q.B.D. Statute of Limitation Before Lord Denning, the Master of the Rolls, Lord Justice Megaw and Mr. Justice Brabin. Estate agents who sold a house in 1961 when the founda- tions had already been covered up were held not entitled to rely on the Limitation Act, 1939, as a defence to an action the purchaser began in 1969, because they had known at the date of the sale that the foundations put in were unsound since the site was an old chalk pit which had been filled in as a rubbish dump. The Court held that the pur- chaser's right of action was not time-barred as it had been concealed by "fraud" consisting of reckless conduct by the defendants, within the meaning given to "fraud" in section Social Welfare Before Mr. Justice Bean.

Factors to be considered by the Court when exercising discretion whether or not to order an arbitration Tribunal to state an award in the form of a special case were listed by Mr. Justice Kerr in a reserved judgment in open court after arguments in chambers. Halfdan Greig & Co. A / S v Sterling Coal & Navigation Corp. & another; 5 / 1 2 / 7 2; Q.B.D. Crime Before Lord Widgery, the Lord Chief Justice, Mr. Justice Willis and Mr. Justice Talbot. Croydon Juvenile Court justices were justified in ordering Croydon Corporation to pay fines imposed on a child in the corporation's care and control and living at a home which the corporation owned and ran. The fines were imposed under section 55 of the Children and Young Persons Act, 1933, in respect of offences committed by the child. Reg. v Croydon Juvenile Court Justices; 5/12/72;. Q.B.D. Before Lord Widgery, the Lord Chief Justice, Lord Justice Megawe and Mr. Justice Talbot. The Court held that taking two bottles of whisky from a display stand in a supermarket and placing them with an intent to steal in a shopping bag was "appropriation" within section 1 (1) of the Theft Act, 1968. Reg. v McPherson and Others; 28/11/1972; C.A. Before Lord Widgery, the Lord Chief Justice, Mr. Justice Melford Stevenson and Mr. Justice Brabin. When the Court of Appeal orders the examination of witnesses under section 23 (4) of the Criminal Appeal Act, 1968, the principle to be applied is that the examination should take place in open court unless the examiner thinks that the ends of justice will not be served by sitting in open court. The examiner has a discretion to hear the witnesses in private, and the discretion is to be exercised where the ends of justice would not be served by a sitting in open court. Reg. v Stafford; Reg. v Luvaglio; 14/11/1972; C.A. Damages Before Judge Stabb (sitting as a Deputy Judge of the Queen's Bench Division). The owners of three terraced cottages, of which one was demolished by a lorry, were held not to be entitled to damages for the cost of their reinstatement since they had previously formed thei ntention of demolishing them as and when the opportunity presented itself. Hole & Son (Sayers Common) Ltd. & Another v Harrisons of Thurnscoe Ltd., and Others; 23/11/72. Q.B.D. Evidence Before Mr. Justice Megarry. [Judgment delivered November 13] Expert valuers' evidence is not exempt from the hearsay rule, his Lordship said when giving judgment on an appli- cation by the plaintiffs, English Exporters (London) Ltd., of Baker Street, W, for a new tenancy (and at what rent) of their premises from their landlords, Eldonwall Ltd., also of Baker Street, and on an application by Eldonwall that an interim rent be determined. English Exporters (London) Ltd. v Edlsonwall Ltd.; 16/11/72; Ch.D. Before Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Pearson, Lord Diplock and Lord Cross of Chelsea. The evidence of an unsworn child admitted pursuant to section 38 (1) of the Children and Young Persons Act, 1933 can amount to corroboration of evidence given on oath by another child (a complainant). Director of Public Prosecutions v Hester; 22/11/1972; House of Lords.

26 (b) of the 1939 Act in the decided cases. King v Victor Parsons & Co.; 16/11/1972; C.A. 12