605 / 736
Matrimonial
A decree of divorce granted to an Aryan wife in Berlin
in 1939 against her Jewish husband who had fled Ger
many because of Nazi persecution was declared to be
invalid as it had been obtained under duress and con
trary to natural justice.
[Meyer v Meyer; Probate, Divorce and Admiralty
Division;
The Times,
17 October 1970.]
See also under
Family.
cil's rule that an applicant "must be a British subject
within the British Nationality Act, 1948"?
The question falls for decision in the first action in
the High Court under the Act. The council seeks declar
ations that the expression "national origins" in Section
1
(1) of the Act does not include or refer to current
alien nationality, and that the council has not broken
the terms of the Act.
[Easling London Borough Council v Race Relations
Board and another; Q.B.D.;
The Times,
13 Oct. 1970.]
Medical Practitioner
A doctor who has a controlling and a substantial
financial
interest in a company which advertises
its
services connected with the practice of medicine is not
guilty of
infamous conduct
in a professional
respect
unless he has knowledge of the advertisement, or has
reason to suspect that the services would be advertised.
[Faridian v General Medical Council; Privy Council;
The Times,
23 October 1970.]
Natural Justice
A rule of the Football Association that a barrister or
solicitor may only represent an association or club of
which he is a member, on an appeal to the Football
Association, if he be the chairman or secretary, is not
void as being contrary to natural justice.
[Enderby Town Football Club v Football Association
Ltd.; Court of Appeal; 12 October 1970—(1970)
3
WLR 1021.]
Mortgage
The court allowed an appeal by the Hastings and
Thanet Building Society, as mortgagees, against an order
made
by Mr.
Justice Foster
(The Times
[1970]
1. W.L.R. 1242) in proceedings by them against the
mortgagor, Mr. Peter Goddard, for possession of the
former matrimonial home in Peacehaven, Sussex, that his
wife, Mrs. Margaret Goddard, should be joined as a
defendant to the action an dthat execution of a warrant
for possession should be stayed. As the matter was of
interest to building societies generally, the society had
undertaken to pay Mrs. Goddard's costs of the appeal in
any event.
[Hastings and Thanet Building Society v Goddard;
Court of Appeal;
The Times,
17 October 1970.]
Nationality
"
Baling London Borough Council infringed the Race.
Relations Act, 1968, by ruling that, for an applicant to
be put on the housing waiting list, he must be "a British
subject within the meaning of the British Nationality
Act. 1948."
[Baling London Borough Council v Race Relations
Board and another; Q.B.D.;
The Times,
24 Oct. 1970.]
The High Court had no
jurisdiction
to entertain
Baling London Borough Council's action for a declaration
that they had not infringed the Race Relations Act, 1968,
by stipulating
that only British
subjects would be
accepted for their housing lists, counsel for the Race
Relations Board said when answering submissions made
on behalf of the council.
[Ealine London Borough Council v Race Relations
Board and another; Q.B.D.;
The Times,
14 Oct. 1970.]
Negligence
Collision between sixteen ton low loader of plaintiff
driven by Keogh and breadvan of defendant driven by
Long at The Big Tree, Loughlinstown,
in November
1967—both vehicles came from Dublin, and the loader
intended to turn left, but had to go to right of daul
carriageway to manoeuvre the turn—low loader driven
at 5 m.p.h. at corner—breadvan driven at 45 m.p.h. is
hit by loarder while turning. As there was no vehicle in
sight when Keogh started to turn, he was justified in
manoeuvring the way he did. In June 1969, before
Teevan J., the jury found the plaintiff's driver not
negligent, while the defendant's driver, Long, was negli
gent. The defendant's appeal was dismissed by
the
Supreme Court (6 Dalaigh C.J. and Walsh J., Fitz
gerald J. dissenting), on
the ground that the defen
dant's vehicle was 400 yards away and not in sight
when Keogh commenced to manoeuvre the loader.
[South of Ireland Public Works and Plant Hire Co.
Ltd. v Johnston, Mooney and O'Brien Ltd.; Supreme
Court; 18 December 1969.]
The partly demolished fourth floor of a Victorian
warehouse in process of being pulled down was not a
"working place" within Regulation 28 of the Construc
tion (Working Places) Regulations 1966, and, even if it
was a working place, it was impracticable to use guard
rails or suitable safety nets or sheets within Regulation
38 (1) so as to have prevented a demolition worker from
falling thirty feet when he was trying to topple a length
of steel over the edge of a wall.
[Bay ton
v Willment Brothers Ltd.; Q.B.D.;
The
Times,
10 November 1970.]
Patent Law
Has Baling London Borough Council infringed the
The use in the invention and production of new anti-
Race Relations Act, 1968, by discriminating against a
biotics of particular strains o(
living micro-organisms
Polish national in declining to register him and his
which the patentee is unwilling to make available to
family for housing accommodation because of the coun-
others when he publishes his specification
in accor-
147