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expenses recoverable from a third party, except at
the discretion of the Board. In practice, however,
it is invariably our policy to pay benefit in these
cases, on receipt of an undertaking from the sub
scriber, or his legal representative, that the amount
of benefit will be refunded, if and when it is
recovered from a third party.
I enclose a specimen of our claim form and
would like to draw your attention to the form of
undertakng which appears on the reverse side.
Yours sincerely,
R. M. Graham.
Claims Manager.
CASES OF THE MONTH
Road traffic, careless driving, misleading signal
The defendant was driving along a major road
and his flashing indicator indicated that he in
tended to turn left. A police car which was wait
ing in a minor road began to move forward in
reliance on the signal but the defendant drove
straight on and an accident resulted. The defen
dant was charged with careless driving; he con
tended that the police car should not have relied
on the indicator signal but should have waited
until the defendant began to turn. The justice
dismissed the information.
Held, allowing the prosecutor's appeal that it
was clearly careless driving to give misleading
signals and the Justices would be directed
to
convict.
[Another v Probert (1968) Grim. L.R. 564].
Road traffic, negligence
A Jaguar car travelling on a wide main road at
55 rn.p.h. collided with a Ford Prefect travelling
on a side road at an intersection. The driver and
the passenger in the Ford were killed and a pass
enger who was seriously injured raised an action
for damages in the Court of Session against the
heirs of the Ford driver and the driver of the
Jaguar.
It was held that the driver of the Ford was
wholly to blame. After fully" reviewing the authori
ties on the duties of the respective drivers on
main and side roads the Lord Ordinary refused
to hold that a driver on a main road has a duty
when approaching a junction with a minor road
upon which another vehicle can be seen approach
ing the junction, to slow down and be ready to
stop if the driver in the minor road drives across
his path unless there is something in the conduct
of the vehicle on the minor road to give him some
timely warning of the risk.
[Rammage v Hardie and others (1968 S.L.T.
note 54)].
Payment out of Court in error
Judgment creditors obtained a garnishee order
nisi against a bank, garnisheeing monies at the
bank standing to the credit of the judgment debt
ors, and the bank paid into court the amount of
the judgment debt. In error the County Court
Registry issued to the creditors the wrong form
of notice of payment in, and the creditors, acting
on the form obtained payment out, whereas the
money ought to have stayed in court until the
hearing of the garnishee summons. The judgment
creditors appealed from an order of the County
Court Judge that they should repay into court the
money paid out to them in error. Held by the
Court of Appeal who dismissed the appeal that a
County Court Judge had inherent jurisdiction to
recall money that had been paid out by mistake
of fact or law; the creditors must therefore pay
back the money into court.
[Gainsborough Mixed Concrete Ltd. v Duplex
Petrol Installations Ltd. (1968) 3 All E.R. 267].
Title by finding—personal property
The plaintiffs were executors of R's estate who
had hidden some £1 notes in a biscuit tin in his
home. He sold the house to the defendant and the
money was discovered by one of the defendant's
workmen. R sued to recover it. He died during
the course of the proceedings and the action was
continued by his executors.
It was held allowing the plaintiff's claim and
applying a dictum of Parke B. in Meery v Green
(1835-42) All E.R. Rep., at p. 283 that R had
never got rid of the ownership of the notes, and
his
title to
the money continued, not only as
against the actual finder, but as against the owner
of the land on which they were found.
[Moffatt and another v Kazana (1968) 3 All
E.R. 271].
Company law, private company, veto of transfers
The Articles of Association of a private company
provided that the directors might at any time in
their absolute and uncontrolled discression refuse
to register any transfer of shares (thus conforming
with Table A, Part 2, the Irish Companies Act,
1963). The quorum of directors for the trans
action of business was two, but a continuing direc
tor could act for the purpose of increasing the
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