The Gazette 1973

able to prove that a car which he pushed with the handbrake on had defective brakes. Stoneley v. Richardson; Queen's Bench Division; 3/3/1973. Before Lord Justice Lawton, Lord Justice Scarman and Mr. Justice Phillips. It would be contrary to public interest to deal with an appeal on the assumption that police officers on whose evidence the appellant was convicted were themselves guilty of offences with which they had been charged but had not yet been tried, their Lordships held, when adjourning the appeal of R. E. Savin, 31, of London, to a later date. Regina v. Savin; Court of Appeal; 3/3/1973. Family Before Lord Justice Edmund Davies, Lord Justice Stephen- son and Lord Justice Roskill. Judgments delivered February 23. The drastic order of an injunction ordering a divorced hus- band to leave the matrimonial home, a council house of which he and the wife are joint tenants, should only be made in the clearest circumstances that it is imperative. The Court will make such an order if the husband's continued presence creates an intolerable situation and it has been proved necessary for the protection of the physical or mental health of the wife or any child of the marriage living with her. P. v. P.; Court of Appeal; 1/3/1973. Gaming and Wagering Before Lord Widgery, the Lord Chief Justice, Mr. Justice Ashworth and Mr. Justice Bridge. When an applicant for a bingo licence fails to satisfy the licensing authority that there is a substantial demand for bingo in the area, the authority are not bound by Par. 18 of Schedule 2 to the Gaming Act, 1968, to refuse the application, but have a discretion whether to grant the licence or not. The Court so decided when granting an application by Cambros Enterprises Ltd., of Lancashire, of orders of certi- orari and mandamus against the decision of Manchester Crown Court (Judge Zigmond) in upholding the refusal of Manchester licensing Justices to grant the applicants a bingo licence for premises at 55 Bolton Road, Walkden, Lancashire. Regina v. Manchester Crown Court, ex parte Cambos Enterprises Ltd.; Queen's Bench Division; 5/3/1973. Land Registration and Mortgages Before Lord Justice Russell, Lord Justice Cairns and Lord Justice Stamp. Judgment delivered January 24. Banks who do not register a charge by way of legal mortgage but rely on the fact that they hold the land certificate and have registered notice of deposit of that certificate on the land charges register do not lose priority against a subsequent equitable interest protected by a registered caution against dealing with the property. Barclays Bank Ltd. v. Taylor and Another; Court of Appeal; Before Lord Denning, the Master of the Rolls, Lord Justice Phillimore and Lord Justice Scarman. Judgments delivered February 6. A lighterman on a barge being moved into a dock who was knocked unconscious when a defective rope from the dockside broke was held not to be barred in his claim for damages for negligence against the British Waterways Board by a notice on the dockmaster's office, of which he was aware, stating that lightermen who availed themselves of the board's facilities and the assistance of their servants in bringing craft into and through the dock entrance did so at their own risk on the understanding that "no liability whatsoever" should be attached to the board or their servants. 31/1/1973. Negligence

Burnett v. British Waterways Board; Court of Appeal; 8/2/1973. Before Judge Kenneth Jones, Q.C. (sitting Queen's Bench Division). In a case said by counsel to be the first decision in an English Court on a front seat passenger's duty to wear a seat belt, a woman undergraduate who suffered severe facial injuries in an accident caused by the negligent driving of a fellow student was held to have contributed to her injuries to the extent of 5 per cent by failing to wear a belt. Pasternack v. Poulton; Queen's Bench Division; 12/2/1973. Planning Before Lord Widgery, the Lord Chief Justice, Mr. Justice Eveleigh and Mr. Justice May. A person wilfully destroys a tree within Section 29 (1) of the Town and Country Planning Act, 1962, and a tree preser- vation order if he inflicts on the tree so radical an injury that, in all the circumstances, any reasonable forester would conse- quently decide that it should be felled. Barnet London Borough Council v. Eastern Electricity Board and Others; Queen's Bench Division; 20/2/1973. Practice Before Lord Denning, the Master of the Rolls, Lord Justice Stamp and Lord Justice James. Judgments delivered Feb. 26. An action involving important questions of fact in a dispute about tubing and solder paint supplied for the Gas Council's Guaranteed Warmth domestic central heating campaign in 1969 is to be tried by a Judge and not by the official referee because there is normally no appeal on fact from an official referee and the suppliers' reputation was involved. Their Lordships so held in allowing an appeal by Simplicity Products Company, of London, from Mr. Justice Forbes, who had affirmed Master Elton and ordered, on an application by Domestic Installations Co. Lotd., London, that the plaintiffs' action for £1,868 for goods sold and delivered and the defen- dants' counterclaim should be transferred to the official referee. Simplicity Products Co. v. Domestic Installations Co. Ltd.; Court of Appeal; 3/3/1973. Rating Before Lord Denning, the Master of the Rolls, Lord Justice Buckley and Sir Seymour Karminski. The distinction in valuation for rating purposes between colleges voluntarily provided by a local authority and public schools or universities owned and run by charities was pre- served by a majority decision of the Court of Appeal that the Lands Tribunal in valuing a teachers' training college in Car- diff on the "contractor's basis" had correctly taken 4£ per cent on the effective capital value of the hereditament as the hypo- thetical rent, rather than 3£ per cent which in other cases had been applied for public schools and universities. The Court was told that its decision would still be relevant when the new valuation list came into force. Cardiff Corporation v. Williams (Valuation Officer); Court of Appeal; 7/2/1973. Redundancy Payments, Master and Servant Before Sir John Donaldson, President, Mr. R. Boyfield and Mr. H. Roberts. Judgment delivered February 27. A dismissed employee was held to be entitled to both a redundancy payment and compensation for unfair dismissal, where an industrial tribunal found that her employers had failed to rebut the presumption of redundancy in Section 9 of the Redundancy Payments Act, 1965, and had failed to show that the reason for her dismissal was a reason within Section 24 (2) of the Industrial Relations Act, 1971. Midland Foot Comfort Centre Ltd. v. Moppett and Another; National Industrial Relations Court; 1 / 3 / / 1 9 7 3.

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