The Gazette 1967/71

Contract Warehousemen were not to be liable on a con tract for the storage of groundnuts which were damaged by rats because of the conditions in the contract excluded liability. [Keryon, Son & Graver Ltd. v. Bextar Hoore & Co. Ltd. and Another. Q.B.D. The Times, 9 December, 1970.] Where in contracts for the sale and purchase of cocoa the money of account was Nigerian pounds and English buyers had the option of providing sterling in place of Nigerian pounds, the buyers were bound after the de valuation of the pound to provide enough pounds ster ling to make up the contract number of Nigerian pounds. Accordingly the English buyers had to provide £116/5/0 sterling for every 100 Nigerian pounds and the Nigerian sellers were not £-stopped from so contending. [Woodhouse and Others v. Nigerian Produce Market ing Co Ltd Court of Appeal. The Times 25 November, 1970.] ' Copyright An architect who prepared plans for clients for the purpose of obtaining full planning permission to build two houses on a site and was paid the scale fee under the 1962 R.I.B.A. conditions for that work was held not to be entitled to damages for infringement of his copy right in the plans when his clients sold the site with the benefit of the planning permission and his plans were used by another firm in erecting the houses on the site, for where an architect has been paid a fee for work up to a certain stage he implied by licenses the use of the plans for building on the site in substantial accordance with the plans. The Court dismissed an appeal by Mr. Dennis Blair, architect, of Kings Langley, Hertfordshire, from the decision of Judge Corley at Luton County Court in February awarding him nominal damages of 40s. on his claim for damages for breach of copyright against Osborne & Tomkins quantity surveyors, of Luton, and dismissing his claim against P. W. Byrne, Ltd., builders' of Luton for infringement of his copyright in plans for a pair of semi-detached houses off Skywood Road, St. Albans. [Blair v. Osborne & Tomkins & Another. Court of Appeal. The Times, 13 November, 1970.]

CURRENT LAW DIGEST SELECTED

In reading this digest regard should be had to differences between Irish and English statute law. Aliens Directions given by the Home Office to B.O.A.C. under the Commonwealth Immigrants Act, 1962, for the return to Pakistan of two immigrants who entered the country illegally by boat were held not to have been validly made within the required two months. [R. v. Chief Immigration Officer; Ex Parte Asgher, and All. Q.B.D. The Times, 11 November, 1970.] Charities The Incorporated Council of Law Reporting for England and Wales, which publishes the Law Reports and the Weekly Law Reports was granted a declaration that it was entitled to registration as a charity under section 4 of the Charities Act, 1960. Foster J. held, in a reserved judgement, that the Council's objects were charitable as being purposes beneficial to the community, in enabling judge made law to be properly developed and administered by the courts, and within the spirit and intendment of the preamble to the Statute of Elizabeth I (1601). [Incorporated Council of Law Reporting for England and Wales v. Attorney General, Chancery Division. The A House of Lords decision reported in The Times on July 17, 1969. that the 100-year-old practice of valuing compulsorily acquired land at the date of the notice to treat was wrong was held not to entitle landowners to appeal against a valuation by the Lands Tribunal made on July 11, 1969, on the old basis as being wrong in law. The Courts also held that the Australian Pointe Gourde principle that in valuing land compulsorily acquired the increase in its value attributable to the scheme under lying the acquisition had to be disregarded was still valid and that the question whether a 'scheme" existed was a matter of fact for the tribunal and not for the court. [Wilson and Another v. Liverpool Corporation; Ct. of Appeal. The Times, 26 November, 1970.] Contempt of Court An application to commit a person for contempt by disobedience of an order of the court made in civil pro ceedings is a criminal charge such that the person sought to be committed cannot be compelled to give evidence lest he criminate himself. But where he has himself voluntarily given evidence by putting a sworn affidavit before the court, the court has a discretion to allow him to be cross-examined on that evidence so long as the cross-examination is limited to the issue giving rise to the contempt and does not go too wide. [Comet Products U.K. Ltd. v. Hawkex Plastics Ltd. and Another. Court of Appeal. The Times, 9 December, 1970.] Times, 4 December, 1970.] Compulsory Acquisition

COMPANY FORMATION The Society's company formation service is available to members. Precedents are sup plied if required. All routine work is carried out by the Society. 1,000 have been formed since the establishment of this service in November 1968.

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