The Gazette 1967/71

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. 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.] 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.] " 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.] Has Baling London Borough Council infringed the Race Relations Act, 1968, by discriminating against a Polish national in declining to register him and his family for housing accommodation because of the coun- Nationality

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.] 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.] 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

The use in the invention and production of new anti- which the patentee is unwilling to make available to others when he publishes his specification in accor- biotics of particular strains o( living micro-organisms

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