406 / 736
its effect on the family should be taken into account.
The Court, as a sequel to its decision in Jefford v.
Gee
(The Times,
March 5), awarded interest on the
whole amount by which the judge's award had been
increased from the date of his judgment.
Cook v. J. L Kien & Co Ltd, Court of Appeal
6/3/70.
The Court, Lord Justice Russell dissenting, dismissed
an appeal by the plaintiff, Mr. Ivor Cutler, of Wirral,
from the judgment of Mr. Justice Donaldson in October,
1968, disallowing
in
toto a claim for £173 special
damages for loss of wages and awarding merely £10
general damages because an operation undergone by him
in 1966 as a result of an accident would in all pro
bability have had to have been performed four or five
years later in any event. The defendants had admitted
liability for the accident.
Cutler v. Vauxhall Motors Ltd., Court of Appeal,
March 1970.
In awarding interest in personal injury cases under
section 3 of the Law Reform Act (Miscellaneous Pro
visions), 1934, as amended by section 22 of the Adminis
tration of Justice Act, 1969,
interest should not be
awarded as compensation for the damage done. It should
only be awarded to a plaintiff for being kept out of
money which ought to have been paid to him.
Jefford and another v. Gee, C.A., 4/3/70.
Gaming and Lotteries
A scheme called "Win with Whitbread" organized by
Whitbread & Co. Ltd. in 300 public houses was held
to be an unlawful competition within section 47 of the
Betting, Gaming and Lotteries Act, 1963, but it was not
a lottery and so not within section 42.
Whitbread & Co. Ltd. v. Bell, Q.B.D. 12/3/70.
Immigration
The Commonwealth Immigrants Act, 1962, did not
require a Commonwealth citizen to land at a specified
port so as to submit himself to immigration control, their
Lordships decided when giving reasons for allowing an
appeal by an Indian citizen from his conviction fir
"conspiracy to evade the control on immigration imposed
under the 1962 Act".
Regina v. Bhagwen, Court of Appeal 17/2/70.
Landlord and Tenant
Their Lordships dismissed an appeal by dependant,
a widow, aged 61, the tenant of a house in Wood Green,
under a controlled tenancy, from an order of Judge
Moylan in Edmonton County Court last June, giving
possession to the plaintiff, a school teacher, aged 51, who
had become the owner of the house after November 7,
1956.
The
judge
had
held
that
plaintiff
had
acquired the house by a family arrangement and not by
purchase, and was therefore entitled to bring the action
and that greater hardship would be suffered by her
because of the effect on her mental health if no order
for possession were made than would be caused to the
tenant. The tenant appealed unsuccessfully.
Thomas v. Fryer, Court of Appeal 25/2/70.
Services not quantified
in
terms of money cannot
amount to "rent" within the meaning of the Rent Acts,
their Lordships decided in allowing an appeal by the
plaintiff landlords against the refusal of Judge Trapnell
at Bromley County Court last July to grant them pos
session of rooms occupied by the defendants, in a house
in Bromley.
Berres v. Barratt, Court of Appeal, 17/3/70.
Licensing
The conviction of a licensee of aiding and abetting
the consumption of alcohol by customers outside the
permitted hours was upheld on the grounds that he
had passively assisted them and had failed to take any
positive steps to eject them or to revoke their licence to
be upon the premises.
Tuck v. Robson, Q.B.D. 19/2/70.
Master and Servant
Vardyke v. Ferder and Others, Sun Insurance Office
Ltd. (Third Party).
See under N.egligence.
Negligence
A man going to or from work as a passenger along a
public road in a vehicle provided by his employers for
that purpose is not "in the course of his employment"
unless he is obliged by the terms of his employment to
travel
in
that vehicle.
If he
is
injured
in a
road
accident,
the
liability must be borne by road traffic
insurers and not by employers' liability insurers.
Vardyke v. Ferder and Others, Sun Insurance Office
Ltd. (Third Party), 5/3/70.
It was
held
that building and
civil
engineering
contractors who damaged an electricity cable and so cut
off power to a factory some distance away could be sued
in negligence by the owners of the factory for damages
for loss of production and damage to the plant. Judg
ment on a preliminary point of law in an action by the
plaintiffs, against the contractors.
S.C.M. (United Kingdom) Ltd. v. W
J. Whittell &
Son. Ltd., Q.B.D. 16/3/70.
Planning
Planning
Act Sections Constitutional
The main object of the Local Government (Planning
and Development) Act
1963
is
to
impose on
local
authorities the making of a Development Plea, and to
give planning authorities control over the use of building
and land. It was contended that various sections of the
Act were unconstitutional on one or other of the follow
ing grounds; but all the sections impugned were found
not to conflict with the Constitution:
1. That the following sections conflicted with Article
40 (3) in as much as they were an unjust attack
on the rights of property :
(a) Sections 19 and 77. because those affected by
the boundaries have no right to a hearing be
fore the planning authority and the decision
of
the planning authority
that an area
is
obsolete cannot be reviewed by any Court.
The
fact
that, according
to
"Re offences
against the State Amendment Bill 1940", the