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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;
31/1/1973.
Negligence
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.
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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