The Gazette 1972

CURRENT LAW DIGEST SELECTED

All references to dates relate to The Times newspaper.

comparison decide whether they are satisfied that the docu- ment used so nearly resembled a prescribed certificate as to be calculated, in the sense of likely, to deceive people who saw it. Their Lordships so stated when quashing convictions of J. S. Davidson, 21, of Old Trafford, at Manchester Crown Court (Judge Gerrard) in June for obtaining by deception contrary to Section 15 (1) of the Theft Act, 1968, attempting to obtain by deception, and contravening Section 5 of the 1939 Act. Concurrent sentences totalling 12 months had been imposed. Regina v Davison; Court of Appeal; 7/9/1972. Family Law Before Sir George Baker, Mr. Justice Payne and Mrs. Justice Lane. A husband who lives apart from his wife because of delusions that she intended to murder him and who refuses to pay her maintenance was held to be guilty of wilful neglect to main- tain her under Section 1 of the Matrimonial Proceedings (Magistrates' Courts) Act, 1960. Brannan v Brannan; F.D.; 10/10/1972. Before Mr. Justice Ormerod. When considering financial provision for the wife following dissolution of marriage the court should consider conduct as a factor which might modify the amount which was arrived at after consideration of all the other factors specified in Section 5 of the Matrimonial Proceedings and Property Act, 1970. Watchel v Watchel; F.D.; 5/10/1972. Planning Before Lord Denning, the Master of the Rolls, Lord Justice Edmund Davies and Lord Justice Stephenson. Where mining operations consisting in the excavation of sand and gravel are carried out without planning permission, the removal of every shovelful is a separate act of unauthorised development in respect of which a valid enforcement notice can be served on the operators. Thomas David (Porthcawl) Ltd. v Secretary of State for Wales; C.A.; 5/10/1972. It was ruled that a vendor of residential property who had failed to disclose terms of an existing lease of a flat on the prop- erty was not entitled, under general condition 22 of the National Conditions of Sale (18th edition) to serve a notice to complete making time of the essence of the contract, and thereafter to forfeit the deposit on non-completion within the specified time allowed. It was further held that where such non- disclosure was first discovered by the purchaser on the last date for compliance with the notice, the purchaser must have a reasonable opportunity to consider whether the non-disclosure materially affected the value or description of the property, even if the notice was valid and time had thus become of the essence of the contract. Mr. Justice Goulding was delivering judgment on an appli- cation by the purchaser, Pagebar Properties Limited, London W, for summary judgment for specific perfor- mance of the contract under Order 86 of the Rules of the Supreme Court against the vendor, Derby Investment Hold- ings Ltd., London W. Vacation Court; 29/9/1972. Tax Before Lord Denning, Lord Justice Buckley and Lord Justice Orr. Miss Hayley Mills, the actress, won her appeal against the decision that her earnings as a child are taxable. Their Lord- ships, Lord Justice Orr dissenting, allowed her appeal from Mr. Justice Goulding who held ( The Times, 17 December 1971: [19721 1 WLR 473) that she was a settlor within the meaning of Section 405 of the Income Tax Act, 1952, and assessable to surtax arising out of arrangements made in 1960 and 1961. Mills v Inland Revenue Commissioners; C.A.; 17/10/1972. - 2 5 9 Vendor and Purchaser Before Mr. Justice Goulding.

In reading these cases note should be taken of the differences in English and Irish statute law.

Banking Before Mr. Justice Browne.

A £200,000 fraud claim by Bank Russo-Iran, an Iranian subsidiary of the Russian state-bank, failed against Gordon, Woodroffe & Co. Ltd., an English confirming house and shipping and forwarding agents, only because according to Iranian law the company were released from all liability by a document signed by the bank. Mr. Justice Browne, in a 249-page reserved judgment, handed out after a 62-day hearing, held that the bank had succeeded in establishing in English law a cause of action against the company for fraudulent misrepresentation over four letters of credit issued in connection with English lan- guage books for Iranians and that the damages were £202,000. They had also established an alternative cause of action for money paid under a mistake of fact. Further the bank had established that the conditions under the rules of private inter- national law for the validity of the causes of action were satisfied. The company were not discharged from their liability in respect of the causes of action by a contract with Mr. E. Manafzadeh, the central figure in the case, who had not been called by either side and against whom criminal proceedings were pending in Iran. But the company were released from all liability by a document which, when properly construed, released everyone, including the company, from any claim by the bank in respect of the letters of credit frauds. Bank Russo-Iran v Gordon Woodroffe and Co. Ltd.; QBD; 4/10/1972. Crime Before Lord Justice Karminski, Mr. Justice O'Connor, Mr. Justice Forbes. One person unlawfully fighting was properly charged with and convicted of affray, their Lordships decided when giving reasons for dismissing on Friday an appeal by V. Taylor, 27, from conviction of affray by a majority verdict of 10 to 2 at Nottingham Crown Court (Mr. Justice Phillips) in March. The Court certified that a point of law of general public importance was involved in the question whether a person commits the offence of affray if he alone is fighting to the terror of other persons. Leave to appeal was refused, but legal aid was granted for a petition to the House of Lords for leave to appeal. Regina v Taylor; Court of Appeal; 9/10/1972. Before Lord Justice Lawton, Mr. Justice Swanwick and Mr. Justice Philips. Conspiracy to trespass is an indictable offence, and the crime of unlawful assembly can be committed in a building because the public peace can be endangered by a rowdy, dis- orerly meeting just as' much as if it is held inside a building as outside. Regina v Kamara and Others; Court of Appeal; 12/10/72. Before Lord Widgery, Mr. Justice Caulfield, Mr. Justice Eveleigh. Where a deportation order is made by the court against a person undrr Section 9 of the Commonwealth Immigranta Act, 1962, and the person appeals against being deported to the country specified in the order, he must show that another country is willing to receive him. Their Lordships so held when refusing an application by D. M. Ali, a Turkish Gypriot, for an order of certiorari to quash directions for his removal to Cyprus made by the Home Secretary in April 1972. Regina v Secretary of State for the Home Department and Another, ex parte Ali; QBD; 21/9/1972 Before Lord Justice Cairns, Mr. Justice Browne and Mr. Justice Kilner Brown. When directing a jury trying a person charged with having contravened Section 5 (b) of the House to House Collections Act, 1939, by use of a document "which so nearly resembled a prescribed certificate of authority as to be calculated to deceive" the trial judge must tell them to put the document used and a prescribed certificate side by side and by careful