The Gazette 1975

arising from administrative action, the objectors would have had a right to substantial compensation, over and above the compulsory purchase compensa- tion, they would have been entitled to in an ordinary case for the loss of their land. Certainly they would have had such a right had they suffered comparable losses through the mistake of a private individual or

corporation, and it is putting public authorities in an- indefensively privileged position when the balance is always tipped in their favour, even by the weight of their own errors. The Reading Supermarket should have been moved back and the County Council should have paid the price.

Summary of Recent English Decisions

Practice The majority decision of the Court of Appeal in the Schorsch Meier case that English courts have jurisdic- tion to give judgement in foreign currencies was not made per incuriam: Miliangos v. George Frank (Textiles), (1975) 1 All E.R. 1076 C.A. It is a serious piece of maladministration for a clerk to issue summonses without the information being laid before a justice: R. v. Brentford Justices, ex p. Catlin, ( 1 9 7 5 )2 W.L.R. 506 Q.C. Once a competent tribunal of fact has properly con- sidered the question of fact whether the relationship of master and servant exist between a driver and the defendant, superior tribunals will not reconsider the question on their own behalf: Howard v. G. T. Jones & Co., (1975) R.T.R. 150. The courts have no jurisdiction to interfere with findings of fact of the Price Commission unless such findings appear to be based upon any misunderstand- ing of the law or bad faith or are unsupported by the evidence: General Electric Co. v. Price Commission, (1975) I.C.R. Road Traffic In general, once a person takes a vehicle onto the public road he remains in charge of it until he has taken it off the road again: Woodage v. Jones (No. 2), (1975) R.T.R. 156. It is not settled law that the person steering a towed vehicle is the driver, and a jury should not be directed to convict of an offence on that basis: R. v. Shaw (Kenneth), (1975) R.T.R. 160. There is no duty on the driver of a car who is driv- ing at a reasonable speed to slow down or sound his horn when passing a vehicle parked on his nearside: Moore (An Infant) v. Poyner, (1975) R.T.R. 127. Wills Where the essential object of a trust is to promote by education the grantor's own political ideals, the trust is political rather than educational and is accord- ingly not charitable: Re Bushnell (deed.); Uoyds Bank v. Murray, (975) 1 All E.R. 721.

Common Law To establish liability to a trespassing child there must be shown knowledge of facts which would fairly lead a humane and sensible man to infer the likelihood of a serious accident: Penny v. Northamption Borough Council. (1974) L.G.R. 733 C.A. It is contrary to natural justice that a magistra'e should hear a case in which he has such an interest that there is a real likelihood of bias: R. Altrincham Justices, ex p. Pennington. Company and Commercial Law In an action for allegedly unlawful withholding of supplies, interlocutary injunctions will not be granted against 'he defendant suppliers if they make out a prima facie case that they had reasonable cause to believe their goods to have been used as loss leaders: J.J.B. (Sports) v. Milbro Sports , (1975) I.C.R. 73. Conveyancing and Property Law A landlord is not bound to accept 'ender of rent from a third party: Richards v. De Freitas, 29 Prop. E.C.R. (1974). A demand for rent in the knowledge of the right to forfeiture of the lease constitutes a waiver of that right: Welch v. Birrane, 29 Prop. E.C.R. 102. A juror leaving the jury room after the jury has retired to consider its verdict constitutes a ma'erial irregularity calling for the discharge of the jury and a re-trial: R. v. Goodson, (1975) 1 All E.R. 760, C.A. Criminal Law Acts or words emanating from a person other than the victim are capable of amounting to provocation as a defence to a murder charge: R. v. Davies (Peter), (1975) 1 All E.R. 760, C.A. There is no equity about a tax: per ROWLATT J. ( 1 9 2 1) Divorce and Family Law An adult child of 19 years who assaul's his mother can be excluled from his parents' home by injunction in very grave circumstances: Egan v. Egan, (1975) 2 W.L.R. 503.

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