422 / 736
that the Motor Insurers' Bureau were not bound to
compensate her in respect of a judgment which she
Obtained against the driver of a motor car following a
fatal accident to her husband while he was a passenger
in it. The driver had been insured with the Fire, Auto
and Marine. Insurance Co. Ltd.
Albert v. Motor Insurers' Bureau. C. of A. 22/4/70.
Practice
When a writ naming two defendants is served on only
one of two or more defendants within 12 months of the
date of issue it is not valid after 12 months for the
purpose of service on the other defendant without an
order for renewal, pursuant to Order 6 rule 8 (2) of the
Rules of the Supreme Court. In the circumstances of the
present case, the Court held that the judge had correctly
exercised his discretion in extending the time for service
of the writ.
The Court dismissed an appeal by a second defendant
from a decision of Mr. Justice Chapman in chambers
on February 2, when he extended the time of service of
a writ which had been properly served on the first
defendant within 12 months of issue.
Jones v. Jones and Another. C. of A. 22/4/70.
Chief Justice can direct composition of Supreme Court
The Supreme Court Appeal, in the case of Pielow v.
Ffrench O'Carroll, was heard, by direction of the Chief
Justice, by Haugh, Budd and Fitzgerald J. J. in July
1968, judgment was reserved, and, as a result of the
death of Mr. Justice Haugh, the Court was re-constituted
by the addition of McLoughlin J. Counsel for defendant
submitted that his client was, of right, entitled to have
the appeal re-argued before the full Court, and submitted
arguments in support thereof. The full Supreme Court,
per O''Dalaigh C. J., Held that by virtue of Section 7(3)
and 7(4) of the Courts (Supplementary Provisions) Act
1961, as the case raised no constitutional issue, the com
position of the court had been placed in the sole deter
mination of the Chief Justice. The appeal was accordingly
dismissed.
Pielow v. Ffrench O'Carroll (No.
i)—Unreported—
I3th November 1969.
Road Traffic Acts
If a motorist on a road once uses a car with defective
tyres on two wheels he
is committing two offences,
their Lordships held when allowing a police appeal
from the dismissal by Colchester justices last November,
of an information charging Phillip Andrew Woodhouse,
St. Andre's Road, Sudbury, Suffolk, with driving
a
motor car in contravention of section 64 of the Road
Traffic Act, 1960, and Regulation 83 (i) of the Motor
Vehicles (Construction and Use) Regulations, 1969 [S.I
1969 No. 321! in that the near offside tyre was unsuitable
having regard to the use to which the car was being put
or to the other types of tyres fitted to the other wheels.
Saines v. Woodhouse. Q.B.D. 22/4/70.
Where the primary facts are not in dispute, the question
whether a person is driving or attempting to drive within
the meaning of section 2 of the Road Safety Act, 1967,
is one of law to be decided by the trial judge and is
not suitable to be left to the jury, the Court held when
allowing
an
appeal
by
Francis Kelly
against
a
conviction at South West London Sessions last July for
driving with an excess proportion of alcohol in his blood,
contrary to section 1(1) of the Act.
Regina v. Kelly. C. of A. 14/4/70.
Mr. Justice Plowman upheld the legality of an order
giving the drivers of fire appliances a discretion whether
to " jump" red traffic lights in an emergency, and dis
missed an application by Mr. W. W. Buckoke and 19
other firemen employed by the Greater London Council
that the order be withdrawn and disciplinary proceedings
against them stayed.
Buckoke and Others v. Greater London Council.
Ch. Div. 23/3/70.
Tax
Where income is received by trustees it is for surtax
purposes the income of the beneficiaries, even though
they have not received it and may never receive it. Where
the court makes an order under the Variation of Trusts
Act, 1928, it is carrying out an administrative function,
and it would be only in exceptional circumstances that
an estoppel
per rem judicatam
was raised ; there was
no estoppel in respect of issues never raised before the
court.
Spers v. Inland Revenue Commissioners. Holdsworth
Hunt v. Same. Ch. Div. 24/2/70.
Mini-vans, Morris 1000 vans, Austin A35 vans and
Bedford 6 cwt. vans were held to qualify for investment
allowances in two tax appeals. One panel of special
commissioners had granted the allowances to Granada
T.V. Rentals Ltd. and another panel had refused them
to S. & U. Stores Ltd. for years of assessment before
1966-67.
Although
investment
allowances were
stopped
in
1966, the same test applies to initial allowances under
section 18(3) of the Capital Allowances Act, 1968, which
reenacts section 37(1) of the Finance Act, 1966.
Robert (Inspector of Taxes) v. Granada T.V. Rentals
Ltd. S. & U. Stores Ltd. v. Gordon (Inspector of Taxes).
Ch. Div. 18/3/70.
Words and Phrases
In the first reported English case since 1838 on the
meaning of " male descendants ", the court held thit the
phrase means males descended in any manner, including
descent through females, and is not restricted to males
descended in an exclusivelv male line.
In re Drake (deceased). C. of A. 39/4/70.
LIBRARY ACQUISITIONS TO
1st APRIL 1970
(1)
PURCHASES
ABRAHAM (L. A.) and S. C. HAWTREY—
A Parliamentary Dictionary, 2nd Edition, 1964.
ABRAHAMSON (MAX)—Engineering Law and
the Institute of Civil Engineering Contracts, 2nd
Edition, 1969 (Two copies).
ALL ENGLAND LAW REPORTS Index and
Noter-up, 1966-68 and 1966-69.
ANSON, see Guest.
ATKIN (Lord)—Encyclopaedia of Court Forms
in Civil Proceedings—2nd (Evershed) edition—
Volume 3 (Admiralty and Affidavits). Volume
136