220 / 294
Before Sr John Pennycuick, the Vice-Chancellor.
His Lordship allowed an appeal by Mr. E. Taylor, the
Canacian businessman, against assessments to income tax based
on the cost of a'r fares which had been reimbursed to him by
United Breweries Ltd. and Charrington United Breweries Ltd.
Taylor v Provan
(Inspector
of Taxes); Ch. Div. 30/6/72.
Before Sir John Pennycuick, Vice-Chancellor.
A taxpayer, employed full-time as a pilot by a foreign airline
and maintaining a home for his family in the United Kingdom,
who made only 38 landings in the United Kingdom in six
years, was nevertheless held to be resident in the United
Kingdom for income tax purposes, under Section 11 of the
Finance Act, 1956. His Lordship dismissed an appeal by the
taxpayer, Captain J. G. Robson, from special commissioners
who affirmed assessments to United Kingdom income tax,
under Schedule E, Case I, for the years 1961-62 to 1966-67 in
respect of his emoluments as a pilot.
Robson v Dixon (Inspector of Taxes); Ch. Div.; 23/6/1972.
T r a d e U n i on
Before S
!
r John Brightman, Mr. F. J. Fielding and Mr.
R. E. Griffiths.
Section 5 (1) (e) of the Industrial Relations Act, 1971, does
not confer on members of a registered trade union the right to
take part in or conduct reasonable trade union activities on
their employer's premises against his wishes. The Act does not
restrict an employer's proprietary rights in respect of his own
premises.
The Post Office v Ravyts and Others; National Industrial
Relations Court; 7/7/1972.
Before Sir John Donaldson, President, Mr. R. Boyfield and
Mr. H. Roberts.
An "industrial dispute" under the Industrial Relations Act,
1971, is not restricted to a dispute between an employer and
those whom he employs; it covers any dispute between an
employer and a worker or groups of workers as to terms of
employment or allocation of work.
Midland Cold Storage Ltd. v Turner and Others; Court
of Appeal; 10/7/1972.
Before Lord Denning, the Master of the Rolls, Lord Justice
Buckley and Lord Justice Roskill.
U n i o n List of C u r r e nt Periodicals a n d Serials in Irish
L i b r a r i es by Sean Co o n ey a nd Do n al O L u a n a i g h;
f o u r th e d i t i o n; v o l ume I, A to I, 8vo, p p. lx, 1-358;
vol. I I , J to Z, 8vo, p p. 359-729; Irish Association f or
Do c ume n t a t i on a n d I n f o r ma t i on Services; Du b l i n, 1972;
£ 4 . 0 0.
A U n i on List is a n invaluable vehicle of i n f o rma t i on to
librarians, a n d this is no exception to t he rule. T h is
v o l ume lists alphabetically all t he learned periodicals—
medical, scientific, legal, e t c .—a nd states precisely in
wh i ch learned library in t he Re p u b l ic of I r e l a nd such
periodical is to be f o u n d. T h e L a w Society co-operated
in this v e n t u r e, a n d we find f or instance t h at o ur library
possessed the only complete set of English L a w T i mes
Re p o r ts f r om 1859. I t will be a p p r e c i a t ed t h at this vast
task entailed a t r eme n d o us a mo u ng of l a b o ur a n d erudi-
tion, a n d Messrs Co o n ey a n d O L u a n a i gh a re to be
deservedly c o n g r a t u l a t ed u p on a most meritorious
a c h i e v eme n t, wh i ch entailed listing 11,000 titles a nd
35,000 holdings in various libraries. T h is is a n invalu-
able reference book wh i ch deserves the widest circula-
tion.
The Transport and General Workers' Union is not liable
for its shop stewards when they act outside the scope of the
uthority delegated to them and take industrial action on
behalf of the workers whom they represent. Nor is it guilty of
unfair industrial practices nor in contempt of Court when its
shop stewards commit such practices or persist in disobeying
the order of the Court. If Parliament had intended an unregis-
tered union to be liable for the acts of its shop stewards,
whether authorised or not, it should have said so in the
Industrial Relations Act, 1971.
Their Lordships so held, Lord Justice Buckley with some
reservations, when they allowed eight appeals by the union,
set aside fines of £5,000 and £50,000 imposed by the National
Industrial Relations Court on findings that the union was in
contempt of its orders, and set aside final orders finding the
union liable for unfair industrial practices under the Act, on
complaints by three haulage firms, Heaton's Transport (St.
Helens) Ltd., Craddock Brothers, and Panalpina Services Ltd.
of Hull, in connection with the blacking of container£ lorries
by dock workers at Liverpool and Hull.
No order for costs was made.
Heaton's Transport (St. Helens) Ltd. v Transport and
General Workers' Union; Court of Appeal; 13/6/1972.
Wo r d s a n d Ph r a s es
"Cattle and Sheep"
Before Lord Widgery, the Lord Chief Justice, Mr. Justice
Melford Stevenson and Mr. Justice Milmo.
A farmer convicted of cruelty to animals and ordered to be
d
:
squalified for having the custody of any "cattle" was rightly
found to be in breach of the disqualification order by having
the custody of sheep.
Wastie v Phillips; Q.B. Division; 11/7/1972.
"Yard"
Before Lord Widgery, the Lord Chief Justice, Mr. Justice
Melford Stevenson and Mr. Justice Milmo. Judgment delivered
July 10th.
The fact that an area is described as a railway yard, a ship-
yard, vineyard or any similar description of yard does not
make it "yard" for the purposes of Section 4 of the Vagrancy
Act, 1824.
Quatromini and Another v Peck; Q.B. Division; 11/7/1972.
P r o p e r ty S t a t u t es edited by Sweet a n d Ma xwe l l 's Le g al
Editorial Staff u n d er Professor J. H . Mo r r i s; second
e d i t i o n; Sweet a n d Ma xwe l l, 1972; 8 v o; p p. xlviii, 5 3 1;
p a p e r b a c k; £ 2 . 8 0.
Co n v e y a n c i ng practitioners a re well awa re of t he use-
fulness of H o o d a n d Challis's
Conveyancing
Statutes.
T h e first edition of this book was published as a mo d e rn
English equivalent of Ho od a n d Challis in 1968, a nd
h as been so successful t h at a second edition h as n ow
been called for. 78 pages of text are devoted to the
Settled L a n d Act, 1925, while the L a w of P r o p e r ty Act,
1925, takes u p 135 pages, a n d t he L a n d Registration
Act a n d Rules take u p 110 pages. If a section in an
Act ha's been substituted b y a section in a mo re mo d e rn
Act, this is clearly stated in a footnote. All repealed
sections are clearly a n n o t a t e d. T h is is a most useful
practical v o l ume listing cases relevant to every separate
section wh i ch t hus lead directly to the most u p - t o - d a te
intricacies in t he English P r o p e r ty Statutes, b u t u n f o r-
t un a t e ly this law is n ot applicable to I r e l a n d. T h e easiest
wa y to a d o pt t he u p - t o - d a te English p r o p e r ty law h e re
wo u ld be to take over in extenso w i th suitable modifi-
cations t he d r a f t S t a t u te wh i ch Professor S h e r i d an a nd
his colleagues proposed as a me a ns of r e f o rmi ng land
law in No r t h e rn I r e l a n d.
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