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and kidnappings of foreign representatives.
In a strongly worded resolution the Council
recommended, also unanimously, to Governments
that they study all possible security measures for
the protection of diplomats, and the extent to
which exceptional laws allowed severe punish
ment of such crimes.
The Minister's decision was in the nature of
a very solemn protest against the extension of the
attacks against diplomats. Their hope is that it
will get wide publicity and help to mobilize public
opinion in all their countries to this form of viol
ence. But apart from the solemn protests, the
Ministers also provided for practical steps to' deal
with the menace, and insisted that Governments
should act very closely together on the matter.
The day-long meeting came while kidnappers
still hold the Swiss Ambassador to Brazil, Senor
Giovanni Bucher, and the West German Consul
in San Sebaslian, Spain, Herr Eugen Beihl (sub
sequently released).
The West German Foreign Minister, Herr
Walter Scheel, said the situation was getting worse.
At first kidnappers were demanding the release
of 40 political prisoners in exchange for one
diplomat. Now they were asking for 70, he said.
Mr. Anthony Royle, British Parliamentary
Under-Secretary of State, said Britain was de
lighted and relieved at the release of Mr. James
Cross,
the British Commercial Councillor kid
napped by Quebec separatists.
CURRENT LAW DIGEST
SELECTED
In reading this digest regard should be had to
differences between Irish and English statute law.
Arbitration
See The Annerfield, under
Shipping,
Court of Appeal,
28 October 1970.
Administration
The testator owned two farms, Newpark and Erry,
near Cashel, Co. Tipperary. He had an only daughter of
nineteen who suffered from mongolism and who was
consequently made a ward of court. Her committee, the
plaintiff, claimed that the testator had failed in his moral
duty under Section 117 of the Succession Act, 1965, to
make proper provision for her.
Kenny J. held that this contention was well sustained.
Although the child's life expectancy would not be long,
in view of the constant care that would have
to be
bestowed upon her, Kenny J. directed that the lands
belonged absolutely to the daughter, and that the lands
of Newpark be sold by public auction, and the proceeds
placed to the credit of the minor estate.
[Re
Michael Looney, deceased, O'Connor v O'Keeffe;
Kenny J.; unreported; 2 November 1970.]
Contract
Where a contract is alleged to be contained in an
exchange of telegrams, the court must determine whether
the telegrams constitute a binding offer and acceptance
purely on the construction of the language used without
regard to what the parties thought the telegrams meant
or their knowledge of the circumstances.
[Northland Airlines Ltd. v Dennis Ferranti: C.A.;
The Times,
24 October 1970.]
A clause in the R.I.B.A. standard contract which pro
vides that an architect's final certificate "shall be con
clusive evidence in any proceedings arising out of this
contract .
.
.
that the works have been properly carried
out" was held
to be effective
to bar defences and
counterclaims by the employers based on allegations of
bad work in two actions brought by building contractors
to recover money due to them both before and after the
issue of the certificate.
[Hosier and Dickinson Ltd. v P. and M. Kaye Ltd.;
Same v Same; Court of Appeal;
The Times;
6 Nov.
1970.]
Crime
When a deaf person is arrested by a constable who
does not know of the deafness, the arrest will be valid if
the constable does everything that a reasonable person
would do in the circumstances.
[Wheatley v Lodge; Q.B.D.;
The Times,
29 October
1970.]
The jurisdiction to allow a change of plea is inherent
in the court dealing with the matter in order to see that
justice is done, and quarter sessions is the proper court
to entertain such an application when a defendant has
been validly committed for sentence.
[Regina v Mutford and Lothingland Justices; Regina
v East Suffolk Quarter Sessions
ex parte
Harber; Q.B.D.;
The Times,
3 November 1970.]
A breathalyser which has a bag with a hole is not a
device of a type approved by the Secretary of State for
the purpose of a breath test under the Road Safety Act,
1967, and a motorist cannot validly be arrested under
Section 2
(4) as the result of a test with such defective
equipment.
[Rayner v Hampshire Chief Constable; J.B.D.;
The
Times,
23 October 1970].
A shop steward fined for corruption in relation to the
affairs of the company employing him failed in an appeal
against his conviction.
Their Lordships dismissed
the appeal
of Griffith
Morgan
of
Glamorgan,
who
was
convicted
by
Caerphilly justices
in May 1969 on an
information
144