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CURRENT LAW DIGEST
In reading these cases note should
he taken of the difference between
English and Irish statute law.
Company Law
No resolution of a company in general meeting is necessary to
authorise the company to relabel shares, designated in its
memorandum of association in shillings, as shares of the equiv-
alent amount in new pence. His Lordship gave this ruling
arising out of a petition seeking a reduction of capital under a
scheme of arrangement which he confirmed on March 15th.
[In re Harris and Sheldon Group Ltd.; 'Ch. Div.;
The
Times,
23rd March 1971; Brightman J.]
Brightman J. granted to Mr. Michael Copeland Worster, a
member
of
Carlton Holdings Ltd., a declaration that Priam
Investments Ltd had become entitled and bound under Section
209 of the Companies Act, 1948, to acquire his shares on the
terms on which the offer for Carlton shares had been accepted
by approving shareholders. The offer was made by Slater
Walker Ltd., on behalf of Priam, in a circular dated 23rd
April 1970 and it included an alternative offer by Slater
Walker to purchase the Priam shares offered in exchange at a
price of 60s per share.
[In re Carlton Holdings Ltd.; Ch. Div.;
The Times,
10th
March 1971.]
Contract
See "The Onisilos";
The Times,
7th April 1971.
A covenant in a conveyance that the purchaser should be given
"the first option of purchasing . . . at a price to be agreed upon"
certain land adjoining that conveyed imposed an obligation on
the vendor to offer the land at the price at which she was in
fact willing to sell, and was not void for uncertainty. Mr. Justice
Brightman so held in giving judgment on a summons by Mrs.
Haidee Smith, of Cricklewood, asking the Court to determine
whether she was legally bound to offer the land to Mr. Geoffrey
Morgan of Flamstead, Hertfordshire, and, if so, at what price.
[Smith v Morgan; Ch. Div.;
The Times,
26th March 1971.]
The acceptance of a wrongful repudiation is a right given to
the creditor by the law of contract. Therefore, where a person
has guaranteed performance of a debtor's obligations to pay
money by instalments and the debtor wrongfully repudiates the
contract by failing to pay some of the instalments, the creditor's
acceptance of the repudiation does not release the guarantor
from liability to pay either past instalments due and unpaid
before acceptance of repudiation or future instalments due and
payable alter the acceptance. The guarantor is liable for the
full amount of the debt subject to any credit for money paid
by the debtor.
[Lep Air Services and Another v Rolloswin Investments and
Another; Court of Appeal;
The Times,
29th March 1971.]
Crime
A tenant who, having been given notice terminating his
tenancy, dishonestly gave his landlord a worthless cheque for
rent in arrear and in advance and was convicted of obtaining
a pecuniary advantage by deception contrary to Section 16 of
the Theft Act, 1968, successfully appealed against his convic-
tion because the evidence did not show that the deception
caused the landlord to refrain from pressing for payment.
[Regina v Locker; Court of Appeal;
The Times,
6th April
1971.]
Alphacell Ltd., manilla fibres manufacturers, of Radcliffe,
Lancashire, whose pumping system failed to stop effluent
entering the River Irwell because leaves and bracken obstructed
a rose at the bottom of a stilling tank, lost their appeal against
conviction by the local justices of causing polluting matter to
enter the river contrary to Section 2 (1) of the Rivers (Preven-
tion of Pollution) Act, 1951.
Section 2 (1) provides " . . . a person commits an offence . . .
(a) if he causes or knowingly permits to enter a stream any
poisonous, noxious or polluting matter."
Leave to appeal was granted. The question for the consid-
eration of the House is. "Whether the offence of causing
polluting matter to enter a stream contrary to Section 2 can
be committed by a person who has no knowledge of the fact
that polluting matter is entering the stream and has not been
negligent in any relevant respect."
[Apphacell Ltd. v Woodwerd; Q.B.D.;
The Times,
6th
April 1971.]
Tesco Supermarkets Ltd. were not guilty of an offence under
the Trade Descriptions Act, 1968, where they, as a body
corporate, proved that the offence was committed by the
default of one of their shop managers, who was not the alter
ego of the company but a mere cog in its organisation, and
that the company had taken all reasonable precautions and
exercised all due diligence to avoid the commission of the
offence—the statutory defence under the section.
[Tesco Supermarkets Ltd. v Nattress; House of Lords;
The Times,
1st April 1971.]
A car driver who, after being involved in an accident, had
three single whiskies to calm himself and was then taken to a
police station where a specimen of blood was taken which on
analysis showed a proportion of alcohol over the limit pre-
scribed in the Road Safety Act, 1967, had the quashing of his
conviction upheld by the House of Lords. Their Lordships
decided, Lord Pearson dissenting, that on the proper construc-
tion of Section 1 (1) upon expert forensic evidence that even
if he had not consumed the three whiskies the analysis of a
blood specimen would still have shown an excessive proportion
of alcohol and was consequently inadmissible.
[Rowlands v Hamilton; House of Lords;
The Times,
25th
March 1971.]
The Court of Appeal (the Lord Chief Justice, Lord Justice
Widgery and Mr. Justice Cooke) declared invalid a notice of
application for leave to appeal in the case of Robert
Jones, aged twenty-five, who was convicted, in his
absence at the Central Criminal Court, on charges of con-
spiracy and fraudulent conversion and sentenced to five years
imprisonment.
He absconded after the prosecution had closed their case,
but he had indicated to his solicitors the grounds on which he
would seek leave to appeal in the event of his being convicted.
The solicitors commenced appeal proceedings and applied for
directions.
In a reserved judgment, the Court said that in all save the
most exceptional cases the proper time for a defendant to
consider an appeal with his solicitor was after conviction and
sentence, and that was the proper time for his solicitor to
receive instructions regarding an appeal. Where the defendant,
by absconding during his trial, had put it out of his power to
give instructions at the correct time, the court would, as a
general rule take the view that his solicitors had not been
authorised to prosecute appeal proceedings. The notice was
not valid and no further proceedings could be taken on it.
[Regina v Jones; Court of Appeal;
The Times,
19th
March 1971.]
When quashing the convictions for perjury of two young
women who had pleaded duress as a defence to the charges,
VACANCIES FOR APPRENTICES
From time to time the Society receives enquiries
from intending apprentices whether any master is
available to whom they can be apprenticed. The
Council has decided to open a Register of Solici-
tors, either in Dublin city or in the country, who
would have vacancies for such an apprentice. The
Council will appreciate if any member who has a
vacancy for an apprentice, would notify the
Secretary.
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