The Gazette 1967/71

liability to capital gains tax, within section 44 (3) of the

Finance Act, 1965.

Ch.D. 5/12/69 Hinchcliffe (Inspector of Taxes) v. Crab-

tree.

Time

The Minister of Housing and Local Government has

a descretion to extend beyond six months the time within

which a local authority must submit a compulsory pur

chase order. Though section 43(4) of the Housing Act,

1957, provides that the submission shall be within such

longer period as the Minister may "in the circumstances

of the particular case allow", those words do not fetter

his absolute discretion or impose on him the duty to

inform himself of all the circumstances of the case so

as to include the circumstances of a particular land

owner, and ascertain his views.

Q.B.D. 7/12/69 Aristides and Another v. Greater Lon

don Council and Another.

When a notice of intended prosecution posted by

registered post the day after a motoring offence did not

arrive until more than 14 days after the offence, the

Court held that the notice should be deemed to have

been served within been served within 14 days if it was

sent to the drivers last known address, notwithstanding

that it was not received. The 14-day period within which

a notice had to be sent under section 241(2) of the Road

Troffic Act, 1960, was to be included in a later provision

in the section that the notice should be deemed to have

been served (within 14 days) if it was sent to the driver's

last known address by

registered post or recorded

delivery.

Ct. of Appeal 27/11/69 Groome v. Driscoll.

The date for assessing compensation for land com-

pulsorily acquired under the rule applicable where the

owner wishes to reinstate his property elsewhere is no

longer to be the date of the notice to treat but the

earliest date at which a reasonable owner could have

begun reinstatement.

House of Lords 16/7/69 Birmingham Corporation v.

West Midlands Baptist (Trust) Association.

Wills

The testatrix, Mrs. Marjorie Morris, of Workingham,

Berkshire, was not bound by a slip made by her solicitor

in the preparation of a codicil which she raed before

executing.

His Lordship said that the testatix's solicitor, who

drafted her last testamentary instrument, made a slip.

Q.B.D. In Re Morris (deceased).

A clause in a will which read "I appoint the firm

Rodgers, Horsley & Burton .

. who may act through

any partner or partners of that firm or their successors

in business at the date of my death not exceeding two

in number to be the executors and trustees of this my

winll .

. ." was held not to be void for uncertainty

His Lordship agreed with counsel that the formula sug

gested by Mr. R. T. Oerton in an article in the Law

Society Gazette was probably the best which could be

devised and was greatly to be preferred to the one

under consideration. The

suggested clause was:

appoint the partners at the date of my death in the firm

of —— of —— or the firm whcih at that date has

succeeded

to and carries on

its practice

to be

the

executors and trustees of this my will (and I express

the wish that two and only two of them will prove my

will and act initially in its trusts)"; the words in brackets

being precatory only.

Q.B.D. 29/11/69 In Re Horgan (deceased)

Words and Phrases

The interrelation between space and time was discus

sed in the Divisional Court when a police prosecutor

appealed unsuccessfully from Carlisle justices' dismissal in

November because they concluded that he had not been

given a breath test "there or nearby" as provided by

section 2(1) of the Road Safety Act, 1967, which gives

jolice power to require a breath test from a "person

driving or attempting to drive".

Ct. of Appeal 7/7/69 Donegani v. Ward.

The phrase "personal washing facilities" in section 15

of the Housing Act, 1961, which empowers local authori

ties to require landlords to carry out certain work to

their premises, is capable of including the provision of

a piped supply of hot water.

Ct. of Appeal McPhail v. Islington London Borough

Council.

BOOK REVIEWS

Law — An Outline for the Intending Student

—

Editor, PROFESSOR. R. H. GRAVESON, Q.C.,

8vo., pp. vi, 207, London, Routledge and

Kegan Paul, 1967, 13/-.

This handy book achieves its purpose admirably,

as there are, specialist contributors to explain the

intricacies of the law to the novice. Professor

Graveson in his introduction states that the pur

pose for which law is used is basically to make

social life possible; a philosopher might dispute

this. Professor Chloros in discussing "Law is an

indispensable function of society", rightly insists

that a scale, of values is decisive in shaping the

kind of state in which we live. Professor Kiralfy

in discussing "The Structure of a Legal System"

severely criticises judge-made law as "imposing

liability or inflicting punishment after the facts

for something which was not obviously wrong

before it". Mr. Davies, in stressing the "Relation,

ship between the law and the Constitution" treats

of the unwritten English conventions and rules,

but ignores written Constitution. Professor Guest

distinguishes between "Common Law and Equity"

and finds this division cumbersome. Mr. Hughes

deals with "Sale of Goods", and Mr. Boule

explains briefly the intricacies of Company Law.