9 / 294
CURRENT LAW DIGEST SELECTED
In reading these cases note should
be taken of the difference between
English and Irish statute law.
Auctioneers and Estate Agents
See under
Vendor and Purchaser;
Berrington v Lee; C. of A.;
28/10/1971; February
Gazette.
Architect's Certificate
See under
Building Contract;
P. and M. Kaye Ltd. v Hosier
and Dickinson Ltd.; H.L.; 22/12/1971.
Banking
In general the meaning and effect of a document does not
change while it is in the hands of the postman. However,
informal a notice of dishonour may be, and accepting that it
may be given most informally, it must be couched in such
terms that the recipient knows that the bill has been dis-
honoured. A statement that the bill will be dishonoured will
not do, however certain the happening of that event may be.
A notice given before dishonour never can be a notice of
dishonour.
[Eaglehill Ltd. v J. Needham Builders Ltd.; G. of A.;
20/11/1971.]
Building Contract
The House of Lords, by a majority, dismissed an appeal by
bulding employers, P. and M. Kaye Ltd., of Parkway, NW,
on a preliminary issue as to the construction of clause 30 (7)
of the RIBA form of building contract (1963 edition) and the
evidential value of an architect's final certificate.
[P. and M. Kaye Ltd. v Hosier and Dickinson Ltd.; H.L.;
22/12/1971.]
See under
Negligence;
Dutton v Bognor U.D.C.; C. of A.;
17/12/1971; February
Gazette.
Charging Order
A bank which had obtained judgment against a husband and
wife in respect of two overdrawn joint current accounts
successfully applied for a charging order nisi on a mortgaged
house in their joint tenancy.
Mr. Justice Waller in a reserved judgment gave reasons for
having allowed an appeal by the National Westminster Bank
Ltd. from a refusal by Master Jacob to make a charging order
on the bank's application under Section 35 of the Adminis-
tration of Justice Act, 1956, and Order 50, Rule 1, of the
Rules of the Supreme Court in respect of a house of which
Mr. Roy Allen and his wife, Mrs. June Olive Allen, are joint
tenants.
Section 35 (1) provides: "The . . . court . .. may, for the
purpose of enforcing a judgment . . . for the payment of money
to a person, by order impose on any . . . interest in land . . . a
charge for securing the payment of .. . moneys due .. . under
the judgment . . ."
[National Westminster Bank Ltd. v Allen and Another;
12/7/1971.]
Charity Rating
A house owned by Bexley Congregational Church which was
vacant but held available by the church as a minister's resi-
dence from which the minister would perform the duties of
his office was held to be liable for rates.
[Treasurer of Bexley Congregational Church v Bexley Lon-
don Borough; 4/8/1971.]
Clubs
Gaming licensing authorities have jurisdiction under the Gam-
ing Act, 1968, to register proprietary clubs under Part III of
the Act to enable them to have gaming machines on their
premises, even though they are not bona fide members' clubs;
but the authority has a discretion whether or not to register a
particular club.
[Tehrani and Another v Rostron; C. of A.; 29/7/1971.]
An application for election to membership of the East Ham
South Conservative Club is a situation to which Section 2 of
the Race Relations Act, 1968, applies and a refusal to elect on
the ground of colour, race or ethnic or national origin would
be unlawful. Members of some famous clubs in Pall Mall and
of clubs which require their members to be of a particular race,
or to come from a particular country, are a "section of the
public" and cannot reject a man solely because of his colour
or race.
^ r r h e ^Ra ce Relations Board v Cheeter and Others; C. of A.;
Compensation
Where planning permission to build houses on a small piece of
land adjoining the Green Belt in Surrey had been repeatedly
refused by the planning authority and the Minister because
houses would spoil the view, compensation for its deemed
compulsory acquisition, calculated by reference to the assump-
tions which must be satisfied under Section 16 (2) (a) and
(b) of the Land Compensation Act, 1961, cannot be given on
the basis of the fiction that planning permission might reason-
ably have been expected to be granted in respect of it, but
must be assessed on the factual basis that permission would
never be granted.
[Provincial Properties (London) Ltd. v Ceterham and
Wallington U.D.C.; C. of A.; 12/10/1971.]
Conflict of Laws
Where, in determining the proper law of the contract, the
system of law with which the transaction has the closest and
most real connection, the scales are evenly balanced, the law of
the flag can be taken as a last resort. It is an accepted prin-
ciple that a contract is, if possible, to be construed so as to
make it valid rather than invalid. Where the Netherlands
courts would be compelled by Netherlands law to apply a
special law of the Netherlands, which was not the proper law
of the contract and was out of line with the maritime law of
other countries, the case should be retained in the English
courts which would apply the proper law of the contract,
English law.
[Coast Lines Ltd. v Hudig and Veder Chartering N.V.;
C. of A.; 7/12/1971.]
An action for damages for alleged slander at a press confer-
ence in London arising out of disputes between two inter-
national oil companies incorporated in California over drilling
concessions granted to them by two of the Trucial States in
the Persian Gulf should be tried in England as the most
convenient place in all the circumstances.
[Butters and Oil Co. v Hammer and Another; C. of A.]
Contempt of Court
Where there is contempt of the county court by disobedience
to a court order, the power to punish by committal is an
integral part of the remedy even after the order has ceased to
be effective, their Lordships held when returning to prison for
contempt a landlord who had terrorised and persecuted her
tenants, in order to make them leave after they had been
granted interim injunctions to restrain her.
[Jennison and Others v Baker; C. of A.; 2/12/1971.]
Contract
A man Who agreed to sell his car to a rogue who called on him
after seeing an advertisement, talked knowledgeably about the
film world, signed a dud cheque for £450 in the name of "R.
A. Green", and was allowed to have the logbook and drive the
car away late the same night when he produced a film studio
pass in the name of "Green", had effectually contracted to sell
the car to the rogue and could not recover it or damages for it
from another man who had bought it from the rogue for £200.
[Lewis v Averay;
The Times;
22/7/1971.]
A firm of accommodation agents were held not to be entitled
to recover commission from a barrister for whom they had
found a flat, as it was illegal under the Accommodation
Agencies Act, 1953.
[Crouch and Lees v Harides; C. of A.; 29/6/1971.]
Where a car dealer continued in possession of a motor car
which he had bought from one finance company with a cheque
that bounced and had sold to another finance company who
paid him for it and were tricked by the dealer into believing
6