87 / 196
of Appeal (1970, 3 W.L.R. 784) upholding a judgment of Mr.
Justice Mocatta in favour of Londoti & Overseas Freighters
Ltd. (the owners) that where the vessel "London Explorer"
had not, by reason of strikes, been redelivered to the owners
until after the period specified in a time charter, the charterers
had been bound to continue to pay hire for the excess period
and the owners were not restricted to a claim for damages
(the market rate having fallen).
But their Lordships (Lord Reid dissenting) allowed a
second appeal by the charterers from the decision of the Court
of Appeal, reversing Mr. Justice Mocatta, and held that the
arbitrators whose award of $U.S.281,820 he had upheld on a
special case stated had not been entitled, under Section 20 of
the Arbitration Act, 1950, to award interest at 8 per cent
on the award from its date until payment.
[Timber Shipping Co. S.A. v London and Overseas Freigh-
ters Ltd.;
The Times,
15th May 1971.]
Mr. Justice Donaldson, in the Queen's Bench Division, upheld
an umpire's decision that a grain ship, the "Johanna Olden-
dorff", had not "arrived" for the purpose of lay time to count
when she arrived at the Bar Anchorage, seventeen miles from
the nearest discharging berth at Liverpool/Birkenhead, and
which was the usual place where grain, ships lay awaiting a
berth.
[E.L. Olderdorff and Co. v Tradex Export S.A.;
The Times,
18th May 1971.]
State Prerogative
The Court, in dismissing an interlocutory appeal by the par-
ents of James Hanratty, hanged in 1962 for the A6 murder,
the plaintiffs in a proposed action against Lord Butler of
Saffron Walden, Home Secretary at the time, said no action
for damages for negligence can lie against the Home Secretary
in respect of the manner in which he carries out his task of
advising the Crown how to exercise the prerogative of mercy.
Nor can the Courts inquire into, let alone pass an opinion on,
the way the Crown prerogative is exercised.
[Hanratty and Another v Lord Butler of Saffron Walden;
The Times,
13th May 1971.]
Statute of Limitations
See under
Damages;
Smith and Others v Central Asbestos
Co. Ltd.
Succession
A widow who was convicted of killing her husband through
diminished responsibility was held not to be entitled to take
any benefit either under his will or on his intestacy.
[In re Giles deceased;
The Times,
5th May 1971.]
Tribunal Procedure
A rent tribunal acting under the Rent Act, 1968, to deter-
mine the rent of premises within the Act is an informal
tribunal, so that they enter upon consideration of a tenant's
application for a reduction of rent when each member has
read the relevant papers. Where, therefore, a tenant sought to
withdraw his application by a letter not communicated to the
tribunal untd after they had read their papers and visited the
premises, they had jurisdiction to disregard the withdrawal
and to reduce the rent below the figure agreed between
tenant and landlord.
[Regina v Tottenham Districts Rent Tribunal;
The Times;
26th May 1971.]
Wills
A gift in a will to a non-charitable unincorporated association
was held to be capable of taking effect as a gift to the mem-
bers of the association as an accretion to the funds subject to
the contract binding the members
inter se,
but the gift failed
because the society in question had been dissolved before the
date of the will and the contract between the members termin-
ated when the society was amalgamated with another unincor-
porated society.
[In re Ratcher's Will Trusts;
The Times,
14th May 1971.]
Words and Phrases
See under
Crime;
Regina v Souter;
The Times,
25th May 1971.
"Resident Abroad"; see under
Crime;
Brokelmann v Barr;
The Times,
20th May 1971.
Timber which arrived by ship at Cardiff and was subsequently
stacked in timber merchants' yards was no longer "cargo".
Accordingly, the timber merchants' workmen were not "dock
workers" and the merchants did not need to be licensed under
Section 1 (1) of the Docks and Harbours Act, 1966, or
registered under Clause 10 (1) of the Dock Workers Employ-
ment Scheme, 1967, to employ them.
["Cargo" National Dock Labour Board v John Blend and
Co. Ltd. and Others;
The Times,
26th May 1971.]
Big Charities Reject Professional Fund-
Raisers
Ma j or charities, sceptical of claims made by professional
fund-raisers, are tending to rely on their own efforts
to raise money.
Their main objection is that people will not part
with money for good causes if subjected to high pressure
tactics.
People will not give to charities, the charities find, if
they fear too large a proportion of their gift is paid
in fund-raising organisation fees.
~'
Big charities prefer to use a small full-time staff
working with voluntary collectors organised into nation-
wide committees. They can thus ensure their admin-
istration expenses are kept below 15 per cent of their
income.
13 p.c. on costs
Portsmouth Cathedral's Appeal Fund, which closed
recently woefully short of its target, has reinforced the
views of many charitable organisations that they would
not benefit from engaging professional fund-raisers.
The cathedral fund raised only £72,688 towards its
target of £400,000. Administrative costs consumed
£65,000, of which £35,000 went to a fund-raising firm.
The Salvation Army's attitude to fund-raising is
representative of other large charities. Of an income
from legacies and appeals of £1,250,000, about 13 to
14 per cent goes on administrative costs, including the
training of officers.
Dr. Barnardo's too, prefers to rely on what it de-
scribes as its "tried and trusty" methods of fund-raising.
Its administrative costs to raise more than £ 3 million
a year are about 15 per cent of income.
Ox f am collects about £ 3 million a year which takes
about 12 p>er cent to raise.
The Royal National Life-Boat Institution is also in
the £ 3 million bracket, but costs are only a fraction
of the sum it raises.
Since 1949, Christian Aid has raised £ 20 million.
Mr. Hereward Phillips, a professional fund-raiser
for 25 years, who was connected with the Portsmouth
Cathedral project said:
"Competition among charities is so intense that
unless they apply the expertise of the professional they
stand little chance of making any money."
88