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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.
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
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)
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.
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