The Gazette 1973

The "Spot the Ball" competitions run by the News of the World do not contravene Section 17 (A) (a) (i) of the Betting, Gaming and Lotteries Act, 1963, as being unlawful forecasts of the results of future events. The House by a majority deci- sion (Lord Simon dissenting) allowed the newspaper's appeal from the decision of the Divisional Court which upheld its conviction by City of London magistrates on two summonses. News of the World Ltd. v. Friend; House of Lords; The Times, 1/2/1973. Insurance Before Lord Denning, the Master of the Rolls, Lord Justice Phillimore and Lord Justice Roskill. The hieroglyphics of a Lloyd's broker's slip in "London insur- ance market shorthand" constituting insurance cover for foreign aircraft were interpreted by the Court of /Appeal as defeating claims for over $5Jm insurance arising out of the destruction of three aircraft at Beirut airport on December 28, 1968, when Israeli armed forces made a helicopter raid as a reprisal for an Arab attack on an Israeli aircraft at Athens airport on Boxing Day. American Airlines Inc. v. Hope Banque Sabbag S A L v. Hope; The Times, 20/2/1973. Landlord and Tenant Before Lord Reid, Lord Morris of Borth-y-Gest, Lord Dip- lock, Lord Simon of Glaisdale and Lord Cross of Chelsea. A tenant who in 1965 had noisy young people above him and who told his landlord at that time that if the noise and stamping continued it would one day bring down the ceiling was held not to be entitled to claim damages against the landlord under the implied covenant to keep the structure in repair under Section 32 of the Housing Act, 1961, when in 1968 the bedroom ceiling fell on him and his wife. Their

Lordships held that because the defect in the ceiling was latent and not patent, the landlord's obligation under Section 32 (1) to repair did not arise unless he had prior information which would put a reasonable landlord on inquiry as to whether works of repair were needed at that time. O'Brien and Another v. Robinson House of Lords; The Times, 20/2/1973. "Refreshment house" Before Mr. Justice Kilner Brown. An immobile refreshment stall serving coffee in plastic cups through a hatch in the side of the stall between 8 p.m. and 5 a.m. was held not to be a "late-night refreshment house" under Section 1 of the Late Night Refreshment Houses Act, 1969. Frank Bucknell & Son Ltd. v. Croydon London Borough Council; The Times, 16/1/1973. Security for costs Before Lord Denning, the Master of the Rolls, Lord Justice Cairns and Lord Justice Lawton. Where the defendant to a claim by a limited company applies under Section .447 of the Companies Act, 1948, for security for costs and there is evidence that if the defendant wins the claimant company because of its financial situation may not be able to pay the costs, the court is not bound to make an order but has a general discretion whether or not to make it, having regard to all the circumstances. And if the defendant has made a payment into court, o rits equivalent, so substantial that it is likely to out-top any reasonable amount -which might be ordered as security for costs, that payment in is a "circumstance" which can be taken into account. Sir Lindsay Parkinson & Co. Ltd. v. Triplan Ltd.; Court of Appeal; The Times, 23/1/1973. term as Illinois governor ten years ago. The Government also alleged that the judge and Mr. Isaacs had sold the stock at massive profit, and had failed to declare the sales for tax purposes. Altogether, the two principal defendants are said to have made almost $300,000 on the stock deal. Apart from his domestic judicial fame, Mr. Kerner has something of an international reputation. In 1968 he was named to the chairmanship of the National Com- mission on Civil Disorders—the so-called Kerner Com- mission—which studied in great detail the black riots of summer 1968. The report is highly regarded by stu- dents of urban violence throughout the world. The jury trying the 64-year-old judge took seventeen hours over the weekend to come to the unanimous verdict this morning that both defendants were guilty on all counts. There was some early problem in finding a judge to try the case with the necessary competence and impartiality. In the end the US Attorney-General's office had to go nearly 1,000 miles, to Knoxville, Tenne- see, and selected District Court Judge Robert Taylor, as the most suitable to try hi^-senior colleague. —The Guardian (20 February 1973)

JUDGE GUILTY OF CORRUPTION One of America's senior and most distinguished Federal judges was found guilty in Chicago today on seventeen counts of corruption, which included bribery, perjury, conspiracy, mail fraud and income tax evasion. Judge Otto Kerner, who was Governor of Illinois at the time of the offences, now faces a total of up to 83 years in prison and fines of nearly $100,000.

Judge Kerner, who has continued to draw his $42,000 annual salary as a judge of the Seventh Circuit Appeals Court since his arrest last year, has been at the centre of a spectacular corruption trial which has been going on for more than seven weeks in the Mid-Western capital. Together with Mr. Theodore Isaacs, a close friend from the local Democratic Party machine—with which he was closely associated for most of his political career —Mr. Kerner was accused of accepting large sums of money in horse racing association stock in return for fixing racing dates in favour of a local circuit on the most favourable days of the summer schedules. Mrs. Marjorie Evertee, known locally as the "Queen of Illinois racing", was said to have offered Mr. Kerner the stock as bribes to fix the racing dates during his

TRUSTEE SECURITY An account with the Dublin Savings Bank has Trustee Security under section 1 (J) (XII) of the Trustee Act 1893 as amended and by the Trustee (Authorised Investments) Act 1958. DUBLIN SAV I NGS BANK - Safe and Sound Head Office: LOWER ABBEY STREET, DUBLIN 1. Telephone: 42607. Branches: THOMAS STREET, PHIBSBORO, DUN LAOGHAIRE, RATMINES, BALLYFERMOT, FAIRVIEW. 62