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Family
A man without a
job and on social security, who
had a vested interest in a £22,000 fund and was the
subject of a discretionary trust was ordered to settle
£4,700 on his former wife and children to enable her 10
buy a house. The wife had previously obtained a divorce
decree against him on the ground of his cruelty.
Crews-Orchard v. Crews Orchard, Court of Appeal,
27/1/70.
(.But see Mayo-Penott—(1958) I.R. 336).
Injunction
A lease of Warren House, Sutton, was granted for 100
yeais in 1835—10 acres assigned to John Hanley in 1934—
Hanky negotiates with Howth Estate Co. for reversionary
lease—lease for 999 years of 3rd May 1935 between
Representative Church Body '.'as mortgagees), the Com
pany and Hanley, Covenant that premises to be used as
private dwelling-house only—Warren House not demoli
shed until 1961 by Defendants Trustees—Plot of land
assigned to plaintiff Fitzpatrick in July 1939 to build
house worth at least £1,000—Further plot assigned to
Mr. O'Boyle tc build further house in March 1939—There
was no assignment of the covenant as to user contained
in Head Lease of 1931, only an indemnity—Proposed
erection of school by Christian Brothers would reduce
market value of Plaintiff's house by £6,000—Hanley died
in December 1942 leaving all his property of 6 acres to
his wife and this property was subsequently assigned to
Mrs. Margaret Willis in November 1959, Mrs. Willis sold
the premises to the first four Defendants, trustees of the
Christian Brothers, subject to the benefit of the covenants
in the assignment to the Plaintiff and Mr. O'Boyle. There
was a subsequent assignment of January 1960 between
Mrs. Willis and
the Christian Brothers in which the
Brothers undertook to observe and perform the covenants
of the Head Lease of 1935—The Howth Estate Co. ulti
mately agreed to alter the covenant about use of lands
for private dwellings—this was put in legal form by deed
of May 1961, which authorised Defendants to erect new
buildings for a schocl—Plaintiffs claim an injunction to
restrain the Brothers from erecting a school on the adjoin
ing lands—and to restrain the Company from Authorising
this—Second named Plaintiff, as assignee of Mr. O'Boyle,
has served notice of discontinuanec. Plaintiffs case is that
the Head Lease cf 1935 created a " Building Scheme ",
and that the supplemental deed of 1961 was in derogation
of the grant of the lease of 1935—but it was held that
the plaintiff's contention about a " Building Scheme "
was incorrect. There never had been any such scheme—
and it was held that, though a school beside the Plaintiff's
house will substantially reduce the market value, it will
not render it materially less fit to live in—Judgment for
Defendant Brothers given by Kenny J.
Fitzoatrick and McDowell v. Clancy and Others (Trustees
of Christian Brothers) and Howth Estate Co.—Unreported
—loth February 1965.
Landlord and Tenant
One of the Greater London Council tenants who have
refused since September, 1968. to pay increased rents
lost his appeal against a county court order that he give
up possession of his house.
The Court held
that a condition
in
the council's
tenancy agreement
that
the weekly
rent and other
sums as shown on the front cover of the rent card are
liable to be increased or decreased on notice being given "
was valid and entitled the council to increase the rents
by a reasonable amount provided the tenant was given
ressonable notice of the increase and that the amount
was rr.ade certain by the time it had to be paid.
Greater London County Council v. Connolly.
Court of Appeal, 19/1/70.
The tenant of a flat in Greater London who in Nov
ember, 1965, got the rate value reduced from £430 to
£388 and obtained a refund of the excess rates backdated
to November, 1963, was held not to have a protected
tenancy under the Rent Acts, 1965 and 1968, because the
valuation list showed the reduced rateable value as taking
effect from April i, 1965, whereas under the Act of 1965
" the approprite date " for ascertaining the rateable value
in the list was March 23, 1965, and on that date the
value shown was £430.
Section I of the 1965 Act provides that " The Rent
Acts shall apply ... to every tenancy .
.
.
the rateable
value of which on the appropriate day did net exceed,
in Greater London £400 .
.
."
Rodwell v. Gwynne Trusts Ltd.
House of Lords, 21/1/70.
Negligence
A man who was involved in a car accident while driving
without insurance was held by the Court
to be entitled
to recover damages and costs resulting from the accident
from the insurance brokers who had negligently recom
mended him to insure with a company they ought to have
known was in financial difficulties and for subsequently
.ra:ling to inform him that the company had become
insolvent and that he was no longer insured.
Osman v. J. Rulph Moss Ltd. Court of Appeal, 10/2/70.
Plaintiff, girl of 20, passenger in a car which crashed
into a ditch near Longford in August 1964—Remained in
hospital until October 1964—Plaintiff had gone to U.S.
at age of 15 and was then earning £24 per week as
domestic servant—Suffered from fractured dislocation of
hip-joint and
lacerations of
forehead—Dislocation re
asserts itself in 1966—further operation—on crutches until
end of 1966—Jury, before Henchy J., assessed damages
at £11,293—special damages £3,000, pain and suffering
£2,000—loss of earnings estimated at £8 per week—could
not return to U.S. and in view of injuries as an engaged
girl was unable to marry—Hoped to run a restaurant, but
no figures put before jury—Actuarial evidence as to dif
ferent e?.inings in U.S. and Ireland necessary—Appeal
allowed and new
trial directed by Supreme Court
Dalton v. McGee—Unreported—27 June 1967.
(O'Dalaigh, C. J., Haugh and Budd, J. J.)
Plaintiff, Belfast girl, injured in collision at Swords in
August 1960—Mother killed and father and only sister
seriously injured in same collision. Plaintiff's right leg
shortened by in'ury, also suffered from concussion to the
brain and
serious nervous shock—Jury awarded her
£3>335 before Teevan J.—As however this amount did
not exceed
the lodgment, Judgment was entered for
Defendant—Plaintiff trainee Nurse at Belfast Victoria
Hospital—claimed all memory of pre-accident life for
gotten—forgot she was a boarder in Sacred Heart Con
vent. Armagh, for ten years—did not know father—
Hrwevcr in April 1961, she bought an Austin car and
drove it—In October 1963, she turned to motor car rally
driv'ng as diversion and was competitor in the Munster
Rally gaining fi-st place—This involved much concentra
tion of body and mind—became civil servant in Northern
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