The Gazette 1967/71

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Appeal, Criminal Division (Winn L.J., Lawton (Lord Reid, Lord Morris, Lord Hodson, Lord
and James J.J.]- Guest and Lord Wilberforce].
3 to 1 the Red!
The front part of a vehicle crossed the stopline
at traffic lights when the light was green. When
half its length was over the line the vehicle was
obstructed by turning traffic and by the time it
proceeded the lights had changed to red.
It was held that it is an offence if any part of
it crosses the line when the light is red even
though the other part crossed when the light was
green. (Road Traffic Act, 1960, and Regulations
34 (1) of the Traffic Signs Regulations and
General Directions, 1964.) [Ryan v Smith (1967),
1 A.E.R. 611. Queen's Bench Division, Divisional
Court (Lord Parker C.J., Winn L.J. and Widgery
J-l. ' -
Costs of Payment into Court
A plaintiff in a county court action claimed £166
remuneration for work done and the defendant
paid £75 into court in satisfaction of the claim.
Subsequently the plaintiff amended his particulars
of claim to add a claim for £400 for conversion.
At the trial the plaintiff recovered £75 on his
claim for remuneration plus £2 on his claim for
conversion. The county court judge held that
he was entitled to his costs as he had recovered
more than the amount paid in.
It was held on appeal that the payment in was
made on the original claim so that as no more
than the amount paid in was recovered on that
claim the defendant was entitled to his costs after
payment in. No order was made in respect of the
costs of recovering the £2 on the de minimis
principle. [Tingay v Harris and Another (1967),
2 W.L.R. 577; (1967), 1 A.E.R. 385, Court of
Appe vil Division (Davies, Russell and Sal–
mon, ].
Industrial -Injuries
A determination of an industrial injuries com–
missioner on a claim for injury benefit that the
claimant had suffered personal injury caused by
accident arising out of his employment is final
and conclusive under the Act for the purposes
both of claim to injury and disablement benefits.
A medical appeal tribunal exceeds its jurisdiction
in disregarding such a determination of a com–
missioner. Decision of the Court of Appeal affirmed
by the House of Lords. N.B. The current authority
is the National Insurance Act, 1965. [Minister
of Social Security v Amalgamated Engineering
Union (1967), 1 A.E.R. 210. House of Lords
Use of White Marble on Headstones
Where someone wishes a white marble headstone
with a personal composition engraved on it erec–
ted over a grave, it is incumbent upon the church
and the court to weieh the arguments as to
O
whether marble and the inscription on it will
thus be fit for posterity and whether the beauty
of the church will be improved thereby. It was
held that these conditions are not fulfilled there–
fore a white marble stone was not allowed. [In re
St. Peter, Kineton (1967), 1 W.L.R. 347. Ch.
(GageJ.)].
Credit-Worthiness of Purchaser
The plaintiff companies and the first defendant,
R Ltd., which was an established company of
good repute, carried on business as wholesalers
in the Liverpool fruit and vegetable market; R
Ltd. sometimes acted also as commission agents.
The manager of a newly incorporated company,
T Ltd., in April 1965 called on J, the manager
of R Ltd., and bought some potatoes from R
Ltd., for cash. J made no enquiry about T Ltd.
In the following weeks T Ltd., bought more
potatoes from R Ltd., but on credit. The market
rule was that payment should be made within
seven days after invoice. Some payments were
made by T Ltd. to R Ltd., but the account
fluctuated and at material times there was always
more than £2,500 owing by T Ltd., to R Ltd.,
and in consequence of this Reid, R Ltd.'s sales–
man and buyer, was not informed by J. or by R
Ltd.'s book-keeper of the state of account with T
Ltd. In May 1965 the method of business between
R Ltd., and T Ltd., changed to a commission
basis. Reid ordered potatoes from the plaintiffs,
and sales were entered as, or amended to be, sales
to T Ltd. In answer to enquiries made by four of
the plaintiffs to Reid when he ordered potatoes
for T Ltd., Reid replied in words such as "they
are all right", which the court found to mean
that T Ltd. was credit-worthy. Reid's replies were
made in good faith without negligence on his
part. But for J's and R Ltd.'s book-keeper's
negligence in their handling of R Ltd.'s accounts,
they would have known at the material times the
extent of T Ltd.'s indebtedness to R Ltd. They
did not, however, know this. T Ltd. became in–
solvent and was unable to pay for potatoes pur–
chased and delivered to T Ltd. by the four plain–
tiffs. In an action by the four plaintiffs and
others against R Ltd., Reid and J, for damages
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