The Gazette 1971

Gray, widow, of Edenbridge, Kent, and Mr. George Gray, suing as administrators of the estate of James Ian Gray, deceased, in their action for damages for causing the deceased's death by his negligence. [Gray and Another v Barr (Prudential Assurance Co. Ltd. Third Party); Court of Appeal; The Times, 31st March 1971.] Lloyds, underwriters to a marine insurance policy subject to the Institute War and Strike Clauses, were held to have proved that they were not liable to shipowners for the total loss of a ship because they were within the exception by which, Sir Gordon Willmer said, underwriters said: "We will not pay for loss caused through the crew being caught smuggling." [Panamanian Oriental Steamship Corporation v Wright; Court of Appeal; The Times, 26th March 1971.] Negligence The duty of a competitor in a race is to use reasonable care having regard to the fact that he is a competitor in a race in which he is expected to go "all out" to win. A rider in a race COPYING SERVICE 1 COPY 5p 2-5 COPIES 4p EACH ADDITIONAL COPIES lp EACH XPRINT SHOP, 23 Anglesea Street, DUBLIN 2 Phone775963

Court to hold that a marriage has broken down irretrievably if it found that the respondent had committed adultery and the petitioner found it intolerable to live with the respondent, the two phrases were independent of one another, so that the intolerability of living with an adulterous spouse need not arise from that spouse's adultery. [Goodrich v Goodrich; Probate, Divorce and Admiralty Division; The Times, 7th April 1971.] (Before Lord Simon of Glaisdale, the President) A husband who left the matrimonial home, believing that his wife's con- fession of adultery was true, was given permission to file a new petition under Section 2 (1) (b) of the Divorce Reform Act, 1969, and was granted a decree nisi. Section 2 (1) states: "The Court hearing a petition for divorce shall not hold the marriage to have broken down irre- trievably unless the petitioner satisfies the Court of . . . (b) that the respondent has behaved in such a way that the peti- tioner cannot reasonably be expected to live with the respon- dent." [Monk v Monk; Probate, Divorce and Admiralty Division; The Times, 6th April 1971.] When ordering a new trial on the custody of a boy aged eight, the Court said that a fifteen-minute "paper trial" without any oral evidence was quite inadequate for deciding the child's future. Their Lordships allowed an appeal by the boy's mother against an order of Judge Suddards last November at Halifax County Court giving custody to the father. [W. v W.; Court of Appeal; The Times, 1st April 1971.] In considering whether a parent's consent to an adoption order should be dispensed with on the ground that it is being unreasonably withheld, the test is not one of culpability or of callous or self-indulgent indifference or of failure of parental duty but simply one of reasonableness, and unreasonableness can include anything which can objectively be adjudged to be unreasonable. A reasonable parent pays regard to his child's welfare. [In re W (an infant); House of Lords; The Times, 25th March 1971.] The President held that Section 4 of the Matrimonial Pro- ceedings and Property Act, 1970, is retrospective. He granted an application by Mrs. Veda Williams under Section 4 (a) for the transfer to her of the house where she lives with her children in Geoffrey Road, S.E., which was vested in her former husband, Mr. Joseph Williams, from whom she obtained a divorce. Section 4 provides: "On granting a decree of divorce . . . or at any time thereafter (whether, in the case of a decree of divorce . .. before or after the decree is made absolute), the Court may . . . make . . . (a) an order that a party to the marriage shall transfer to the other party .. . such property as may be specified, being the property to which the first-mentioned party is entitled, either in possession or reversion . .." [Williams v Williams; Probate, Divorce and Admiralty Division; 6th April 1971.] Immigration The words "ordinarily resident in the United Kingdom" in Section 2 (2) (a) of the Commonwealth Immigrants Acts of 1962 and 1968, mean lawfully ordinarily resident. Accordingly an immigration officer was entitled to refuse to admit a Commonwealth immigrant who could show that he had as a matter of fact been "ordinarily resident" in the United King- dom for over two years but whose entry in 1968 was illegal. [In re Abdul Manan; Court of Appeal; The Times, 3rd April 1971.] Insurance Crimes of violence, particularly when committed with loaded guns, are one of the worst curses of this age. Once violence is threatened with a loaded gun and it goes off it is easy to plead accident. Public policy requires that no one who threatens unlawful violence with a loaded gun should be allowed to enforce a claim for indemnity against any liability which he may incur as a result of having so acted. This was stated when their Lordships, in reserved judgements, dismissed an appeal by the defendant, Mr. George Barr, of Warlingham, Surrey, against the dismissal by Mr. Justice Geoffrey Lane (The Times, 9th May 1970: [1970] 2 Q.B. 626) of his claim in third party proceedings that he was entitled to an indemnity from insurers, the Prudential Assurance Co. Ltd., under a "Hearth and Home" policy, in respect of his liability for £6,115 damages awarded to the plaintiffs, Mrs. Audrey

INSTANT DUPLICATING in seconds from your original supplied 25 for 40p in 30 Seconds 50 for 65p in 55 Seconds 100 for £1 in 1* Minutes Sizes 13" x 8" 11}" x 8 } " 10" x 8" COMPANY MEMORANDA and ARTICLES £1 per page inclusive

ASK FOR OUR LEAFLET XPRINT SHOP 23 Anglesea Street, Dublin 2 Telephone 775963

!

58