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Before Lord Justice Davies, Lord Justice Karminski and
Lord Justice Lawton.
Where two canvassers work together soliciting prospective
customers at their homes, the canvasser whose car is used for
the purpose is still driving in the course of his employment
when he is taking the other home.
Elleanor v. Cavendish Woodhouse Ltd.; 25/10/72; C.A.
Before Lord Justice Sachs, Lord Justice Megaw and Lord
Justice Lawton.
[Judgment delivered October 31st]
Reasons were given by the court for dismissing in July
appeals by ICI against the judgment of Mr. Justice O'Connor
{The Times,
April 22nd, 1971) awarding £15,000 damages
against them to Mr. Christopher Wright, aged 49, of Liver-
pool, and £6,000 to Mr. Thomas Cassidy, aged 50, of Speke,
two Dunlop workers, on their claim that they had contracted
bladder cancer through exposure to carcinogenic substances
manufactured by ICI and sold to Dunlops.
Cassidy v. Imperial Chemical Industries Ltd.; 2/11/72;
C.A.; Wright v. Same.
Security for Costs
Where the plaintiff in an action is a limited company the
court's discretion to make an order for security for costs is
unfettered, Mr. Justice Mars-Jones held in the Queen's Bench
Division when refusing an application by Parkinsons for
security against Triplan.
Sir Lindsay Parkinson Ltd., v. Triplan Ltd.; 1/11/72;
Q.B.D.
Trade Disputes
Before Lord Widgery, the Lord Chief Justice, Mr. Justice
Melford Stevenson and Mr. Justice Brabin.
The Trade Descriptions Act, 1968, was not intended to
make a criminal offence out of what was really a breach of
warranty, the Lord Chief Justice said when giving judgment
on a prosecutor's appeal under the Act.
Beckett v. Cohen; 30/10/1972; C.A.
Trespass
Before Lord Denning, the Master of the Rolls, Lord Justice
Megaw and Sir Gordon Willmer.
A canoeist may be liable for interference with the fishing
rights of an angling club although no one is actually fishing
at the time of the passage of the canoe. If fishing rights are
substantially interfered with an action can be brought in
respect of that interference without proving special damage.
Rawson and Others v. Peters; 2/11/72; C.A.
Words and Phrases
Before Mr Justice Megarry.
Where a fried fish and chip shop remains open after 11 p.m.
for the sale of fish and chips to the public, whether to be
consumed on or off the premises, the shop comes within th
definition of a "night cafe" in section 47(1) of the Greater
London Council (General Powers) Act, 1968.
Sudders and Others v. Barking London Borough Council;
25/10/72; C.L-D-
Land Registration Rules, 1972
S.I. No. 230 of 1972
The Land Registration Rules 1972—S.I. No. 230 of
1972, came into force on 20th October 1972 and replace
in full the Land Registration Rules of 1966, as well as
the Land Registration (Solicitors' Costs) Rules 1970.
The present Rules contain 242 Rules, and 108 Forms.
There is a full Schedule of Costs, in which Part 1
contains the scale of charges on sales, purchases and
mortgages. Both the Vendor and Purchaser's Costs on
Sale work out at £4 for the first £1,000, then £3
between £1,001 and £3,000, £1.50 between £3,001
and £10,000, and £0.75 per £1,000 above £10,000.
Part 2 deals with scales of charges relating to leases,
which works out at £15 in respect of the first £100 of
rent, £5 in respect of each subsequent £100 up to
£500 and £2 for each £100 rent above £500. Part 3
deals with costs in relation to fee farm grants. Part 4
deals with the remuneration of a solicitor for arranging
transfers by a registered owner. In this case, Rule 238
defines "Value" as equivalent to 50 times the rateable
valuation. Part 5 deals with the scales of charges in
respect of application for conversion of possessory titles.
Part 6 deals with Judgment Mortgages, and Part 7
deals with costs of production of a Land Certificate
and of a Certificate of charge.
The Land Registration Rules can be obtained from
the Govemmest Publications Sale Office, Henry St.
Arcade, Dublin 1, for 32£p, plus 7£p for postage.
SUPRA-NATIONAL JUSTICE — Continued
were adjusting their institutions towards the Eur-
opean system of justice but many of the recom-
mendations in the recent report of the Criminal
Law Revision Committee are very close to the
European way of doing things.
Replacing jury system
For instance, the possibility of replacing the jury system
with an inquisitorial system for criminal cases is men-
tioned in the Report and this derives largely from the
French model in which an examining judge presides at
trials. Further, the continental police operate under con-
siderably more flexible regulations with regard to the
cautioning of suspects and the admissability of evidence.
Again, the Criminal Law Revision report suggests that
the British police might have their hand strengthened
by changing the law in these matters in Britain.
As a quid pro quo in a standardisation of European
criminal law and police regulations, the British might
well point out that the Community is beginning to
adopt the traditional British approach towards political
crime. British courts have been notoriously slow to
make any concessions towards political motivation as
an extenuating factor in crimes of violence. While
from page 273
accepting that political motivation is valid, the British
legal system has traditionally supported the view that
crimes against the law, committed even in pursuit of a
political aim, are in themselves non-political.
The established order throughout Europe is worried
—and not without good cause.
The British police believe that liaison is extensive
between the left-wing groups in Britain and in Germany
and France. The Germans believe that their radicals
are in touch with the I.R.A. The French fear that their
Gauchistes have Irish and British contacts. The Gardai
are still unsure of the validity of the claim by Dublin
leftists that they blew up the German Embassy on
behalf of the Baader-Meinhoff gang.
The question of standardising European criminal law
will become more urgent as the E.E.C. moves closer
towards full political union. Certainly it will be neces-
sary to establish clear principles for the ordering of rela-
tions between police forces and for the regulation of
international jurisdiction over prisoners. We inherited a
few good things from the British regime—one was their
code of law and we would be well advised towards
caution before we abandon it.
—The Irish Times,
14th November, 1970
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