The Gazette 1972

Trade Disputes Before Lord Widgery, the Lord Chief Justice, Mr. Justice Melford Stevenson and Mr. Justice Brabin. The Trade Descriptions Act, 1968, was not intended to make a criminal offence out of what was really a breach of warranty, the Lord Chief Justice said when giving judgment on a prosecutor's appeal under the Act. Beckett v. Cohen; 30/10/1972; C.A. Trespass Before Lord Denning, the Master of the Rolls, Lord Justice Megaw and Sir Gordon Willmer. A canoeist may be liable for interference with the fishing rights of an angling club although no one is actually fishing at the time of the passage of the canoe. If fishing rights are substantially interfered with an action can be brought in respect of that interference without proving special damage. Rawson and Others v. Peters; 2/11/72; C.A. Words and Phrases Before Mr Justice Megarry. Where a fried fish and chip shop remains open after 11 p.m. for the sale of fish and chips to the public, whether to be consumed on or off the premises, the shop comes within th definition of a "night cafe" in section 47(1) of the Greater London Council (General Powers) Act, 1968. Sudders and Others v. Barking London Borough Council; 25/10/72; C.L-D- £500 and £2 for each £100 rent above £500. Part 3 deals with costs in relation to fee farm grants. Part 4 deals with the remuneration of a solicitor for arranging transfers by a registered owner. In this case, Rule 238 defines "Value" as equivalent to 50 times the rateable valuation. Part 5 deals with the scales of charges in respect of application for conversion of possessory titles. Part 6 deals with Judgment Mortgages, and Part 7 deals with costs of production of a Land Certificate and of a Certificate of charge. The Land Registration Rules can be obtained from the Govemmest Publications Sale Office, Henry St. Arcade, Dublin 1, for 32£p, plus 7£p for postage. from page 273 accepting that political motivation is valid, the British legal system has traditionally supported the view that crimes against the law, committed even in pursuit of a political aim, are in themselves non-political. The established order throughout Europe is worried —and not without good cause. The British police believe that liaison is extensive between the left-wing groups in Britain and in Germany and France. The Germans believe that their radicals are in touch with the I.R.A. The French fear that their Gauchistes have Irish and British contacts. The Gardai are still unsure of the validity of the claim by Dublin leftists that they blew up the German Embassy on behalf of the Baader-Meinhoff gang. The question of standardising European criminal law will become more urgent as the E.E.C. moves closer towards full political union. Certainly it will be neces- sary to establish clear principles for the ordering of rela- tions between police forces and for the regulation of international jurisdiction over prisoners. We inherited a few good things from the British regime—one was their code of law and we would be well advised towards caution before we abandon it. —The Irish Times, 14th November, 1970 - 2 7 5

Before Lord Justice Davies, Lord Justice Karminski and Lord Justice Lawton. Where two canvassers work together soliciting prospective customers at their homes, the canvasser whose car is used for the purpose is still driving in the course of his employment when he is taking the other home. Elleanor v. Cavendish Woodhouse Ltd.; 25/10/72; C.A. Before Lord Justice Sachs, Lord Justice Megaw and Lord Justice Lawton. [Judgment delivered October 31st] Reasons were given by the court for dismissing in July appeals by ICI against the judgment of Mr. Justice O'Connor {The Times, April 22nd, 1971) awarding £15,000 damages against them to Mr. Christopher Wright, aged 49, of Liver- pool, and £6,000 to Mr. Thomas Cassidy, aged 50, of Speke, two Dunlop workers, on their claim that they had contracted bladder cancer through exposure to carcinogenic substances manufactured by ICI and sold to Dunlops. Cassidy v. Imperial Chemical Industries Ltd.; 2/11/72; C.A.; Wright v. Same. Security for Costs Where the plaintiff in an action is a limited company the court's discretion to make an order for security for costs is unfettered, Mr. Justice Mars-Jones held in the Queen's Bench Division when refusing an application by Parkinsons for security against Triplan. Sir Lindsay Parkinson Ltd., v. Triplan Ltd.; 1/11/72; Q.B.D. The Land Registration Rules 1972—S.I. No. 230 of 1972, came into force on 20th October 1972 and replace in full the Land Registration Rules of 1966, as well as the Land Registration (Solicitors' Costs) Rules 1970. The present Rules contain 242 Rules, and 108 Forms. There is a full Schedule of Costs, in which Part 1 contains the scale of charges on sales, purchases and mortgages. Both the Vendor and Purchaser's Costs on Sale work out at £4 for the first £1,000, then £3 between £1,001 and £3,000, £1.50 between £3,001 and £10,000, and £0.75 per £1,000 above £10,000. Part 2 deals with scales of charges relating to leases, which works out at £15 in respect of the first £100 of rent, £5 in respect of each subsequent £100 up to SUPRA-NATIONAL JUSTICE — Continued were adjusting their institutions towards the Eur- opean system of justice but many of the recom- mendations in the recent report of the Criminal Law Revision Committee are very close to the European way of doing things. Replacing jury system For instance, the possibility of replacing the jury system with an inquisitorial system for criminal cases is men- tioned in the Report and this derives largely from the French model in which an examining judge presides at trials. Further, the continental police operate under con- siderably more flexible regulations with regard to the cautioning of suspects and the admissability of evidence. Again, the Criminal Law Revision report suggests that the British police might have their hand strengthened by changing the law in these matters in Britain. As a quid pro quo in a standardisation of European criminal law and police regulations, the British might well point out that the Community is beginning to adopt the traditional British approach towards political crime. British courts have been notoriously slow to make any concessions towards political motivation as an extenuating factor in crimes of violence. While

Land Registration Rules, 1972 S.I. No. 230 of 1972