The Gazette 1967/71

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. 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 CURRENT LAW DIGEST SELECTED

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