243 / 364
Order as
the Minister was acting judically or
quasi-judically and should have notified the school
of the charges against it. The Minister's broad
cast
(which was
in evidence)
shows
that
the
Ministerial Order rested largely on ground (b),
of which the school had not notice.
Maradana Mosque v. Badi-ud-Din Mahniud
(1966) 1 All E.R. 545.
Conflict of Laws
The plaintiffs brought an action in England on
a judgment for payment of money obtained against
the defendant in the State of New York. The
defendant did not reside
in England and the
writ was issued and served upon him whilst he
was staying in a London hotel for a few days
for reasons not connected with
the
litigation.
Lyell J. held that such service gave the English
Court jurisdiction to hear the action.
Colt Industries Inc. v. Sarlie (1966)
1 All E
673.
Negligence—Collision at Road Junction
The Court of Appeal held that although there
is no rule as to the priority of traffic at a difficult
road junction, "it is a well-recognised and con
ventional practice, rather than a rule, that where
vehicles are approaching ... in risk of collision
or where there is doubt as to the priority, the
vehicle which has the other on its right-hand side
is the vehicle to give way." The deceased motor
cyclist having failed to do so, his widow's action
against the driver, of the lorry which knocked him
down failed, the deceased having ridden straight
in front of the lorry the driver of which had
given a proper signal and was using due care.
Maclntyre v. Coles (1966)
1 All E.R. 723.
Restraint of Trade
The Court of Appeal in a recent case followed
the decision of Petrofina (Great Britain) Ltd. v.
Martin (quoted in an earlier issue of the GAZETTE).
He considered that some restraint may be reason
ably in order to protect petrol company's con
tinuity of outlet in an area. But (1) as to the
garage on which there was no mortgage to the
petrol company, the restraint for four years and
five months, having reagard to all its terms, was
void as being in unreasonable restraint of trade.
(2) As regards the garage on which the solus
agreement was linked to a loan agreement and
a mortgage, the doctrine of restraint of trade
applied to covenants in a mortgage as well as to
agreements merely for the sale of goods. In the
case under consideration the mortgagor was pro
hibited from redeeming except by the specified
instalments, and
the solus agreement operated
for twenty-one years. The tie for so long a period
was unreasonable and void, and the mortgagor
should be allowed to redeem although that period
had not expired.
Esso Petroleum Co. Ltd. v. Harper's Garage
(Sourport) Ltd. (1966) All E.R. 725.
Infant—Rights of Putative Father—Religious
Education
The father, a married man with two children
by his first wife who had divorced him, had an
affair with the mother as a result of which the
father's second wife
instituted proceedings and
obtained a decree nisi. The father and mother
decided to marry, but after the mother had be
come pregnant differences arose and the mother
informed the father that she would not marry
him. The father was subsequently reconciled with
his second wife and the decree nisi was rescinded.
When the child was born
to the mother, she
placed it with an adoption society for adoption
by a Roman Catholic family, and when the child
was a few weeks old it was sent to the adopters,
a childless couple. The father was at all times
anxious to bring up the child, and his wife, who
was deeply in love with the father, was also very
anxious to bring up his child. The father applied
for custody and although he and his wife were
not Roman Catholics, they were prepared to give
an undertaking to bring up the child in that
faith. The adopters applied for an adoption order.
At the date of the hearing the child was eighteen
months old, the father and his wife were forty-
^even, and the adopters were thirty-seevn. The
Coury of Appeal held that custody should be
granted to the father.
Re C.
(M.A.) (An Infant) (1966)
1
All E.R.
838, 849.
In the Matter of the Solicitors' Acts
1954
and
1960
Members please note that the Society have in
their possession deeds and documents formerly
held by Mr. Richard J. Elgee of George Street,
Wexford. Members acting for clients of the former
clients by communicating with the Secretary of
solicitor may obtain documents on behalf of
the Society.
Struck by Lighting
The Judicial Committee of the Privy Council
dismissed the appeal brought from the judgment
of the High Court of Australia dated November
22, 1963, which allowed the respondents' appeal
and set aside the Order and judgment of the
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