The Gazette 1967/71

its effect on the family should be taken into account. The Court, as a sequel to its decision in Jefford v. Gee (The Times, March 5), awarded interest on the whole amount by which the judge's award had been increased from the date of his judgment. Cook v. J. L Kien & Co Ltd, Court of Appeal 6/3/70. The Court, Lord Justice Russell dissenting, dismissed an appeal by the plaintiff, Mr. Ivor Cutler, of Wirral, from the judgment of Mr. Justice Donaldson in October, 1968, disallowing in toto a claim for £173 special damages for loss of wages and awarding merely £10 general damages because an operation undergone by him in 1966 as a result of an accident would in all pro bability have had to have been performed four or five years later in any event. The defendants had admitted liability for the accident. Cutler v. Vauxhall Motors Ltd., Court of Appeal, March 1970. In awarding interest in personal injury cases under section 3 of the Law Reform Act (Miscellaneous Pro visions), 1934, as amended by section 22 of the Adminis tration of Justice Act, 1969, interest should not be awarded as compensation for the damage done. It should only be awarded to a plaintiff for being kept out of money which ought to have been paid to him. Jefford and another v. Gee, C.A., 4/3/70. Gaming and Lotteries A scheme called "Win with Whitbread" organized by Whitbread & Co. Ltd. in 300 public houses was held to be an unlawful competition within section 47 of the Betting, Gaming and Lotteries Act, 1963, but it was not a lottery and so not within section 42. Whitbread & Co. Ltd. v. Bell, Q.B.D. 12/3/70. Immigration The Commonwealth Immigrants Act, 1962, did not require a Commonwealth citizen to land at a specified port so as to submit himself to immigration control, their Lordships decided when giving reasons for allowing an appeal by an Indian citizen from his conviction fir "conspiracy to evade the control on immigration imposed under the 1962 Act". Regina v. Bhagwen, Court of Appeal 17/2/70. Landlord and Tenant Their Lordships dismissed an appeal by dependant, a widow, aged 61, the tenant of a house in Wood Green, under a controlled tenancy, from an order of Judge Moylan in Edmonton County Court last June, giving possession to the plaintiff, a school teacher, aged 51, who had become the owner of the house after November 7, 1956. The judge had held that plaintiff had acquired the house by a family arrangement and not by purchase, and was therefore entitled to bring the action and that greater hardship would be suffered by her because of the effect on her mental health if no order for possession were made than would be caused to the tenant. The tenant appealed unsuccessfully. Thomas v. Fryer, Court of Appeal 25/2/70. Services not quantified in terms of money cannot

amount to "rent" within the meaning of the Rent Acts, their Lordships decided in allowing an appeal by the plaintiff landlords against the refusal of Judge Trapnell at Bromley County Court last July to grant them pos session of rooms occupied by the defendants, in a house in Bromley. Berres v. Barratt, Court of Appeal, 17/3/70. Licensing The conviction of a licensee of aiding and abetting the consumption of alcohol by customers outside the permitted hours was upheld on the grounds that he had passively assisted them and had failed to take any positive steps to eject them or to revoke their licence to be upon the premises. Tuck v. Robson, Q.B.D. 19/2/70. Master and Servant Vardyke v. Ferder and Others, Sun Insurance Office Ltd. (Third Party). See under N.egligence. Negligence A man going to or from work as a passenger along a public road in a vehicle provided by his employers for that purpose is not "in the course of his employment" unless he is obliged by the terms of his employment to travel in that vehicle. If he is injured in a road accident, the liability must be borne by road traffic insurers and not by employers' liability insurers. Vardyke v. Ferder and Others, Sun Insurance Office Ltd. (Third Party), 5/3/70. It was held that building and civil engineering contractors who damaged an electricity cable and so cut off power to a factory some distance away could be sued in negligence by the owners of the factory for damages for loss of production and damage to the plant. Judg ment on a preliminary point of law in an action by the plaintiffs, against the contractors. S.C.M. (United Kingdom) Ltd. v. W J. Whittell & Son. Ltd., Q.B.D. 16/3/70. Planning Planning Act Sections Constitutional The main object of the Local Government (Planning and Development) Act 1963 is to impose on local authorities the making of a Development Plea, and to give planning authorities control over the use of building and land. It was contended that various sections of the Act were unconstitutional on one or other of the follow ing grounds; but all the sections impugned were found not to conflict with the Constitution: 1. That the following sections conflicted with Article 40 (3) in as much as they were an unjust attack on the rights of property : (a) Sections 19 and 77. because those affected by the boundaries have no right to a hearing be fore the planning authority and the decision of the planning authority that an area is obsolete cannot be reviewed by any Court. The fact that, according to "Re offences against the State Amendment Bill 1940", the