The Gazette 1972

CURRENT LAW DIGEST SELECTED In reading these cases note should be taken of the difference between English and Irish statute law. Auctioneers and Estate Agents See under Vendor and Purchaser; Berrington v Lee; C. of A.; 28/10/1971; February Gazette. Architect's Certificate See under Building Contract; P. and M. Kaye Ltd. v Hosier and Dickinson Ltd.; H.L.; 22/12/1971. Banking

the ground of colour, race or ethnic or national origin would be unlawful. Members of some famous clubs in Pall Mall and of clubs which require their members to be of a particular race, or to come from a particular country, are a "section of the public" and cannot reject a man solely because of his colour or race.

^ r r h e ^Ra ce Relations Board v Cheeter and Others; C. of A.;

Compensation Where planning permission to build houses on a small piece of land adjoining the Green Belt in Surrey had been repeatedly refused by the planning authority and the Minister because houses would spoil the view, compensation for its deemed compulsory acquisition, calculated by reference to the assump- tions which must be satisfied under Section 16 (2) (a) and (b) of the Land Compensation Act, 1961, cannot be given on the basis of the fiction that planning permission might reason- ably have been expected to be granted in respect of it, but must be assessed on the factual basis that permission would never be granted. [Provincial Properties (London) Ltd. v Ceterham and Wallington U.D.C.; C. of A.; 12/10/1971.] Conflict of Laws Where, in determining the proper law of the contract, the system of law with which the transaction has the closest and most real connection, the scales are evenly balanced, the law of the flag can be taken as a last resort. It is an accepted prin- ciple that a contract is, if possible, to be construed so as to make it valid rather than invalid. Where the Netherlands courts would be compelled by Netherlands law to apply a special law of the Netherlands, which was not the proper law of the contract and was out of line with the maritime law of other countries, the case should be retained in the English courts which would apply the proper law of the contract, English law. [Coast Lines Ltd. v Hudig and Veder Chartering N.V.; C. of A.; 7/12/1971.] An action for damages for alleged slander at a press confer- ence in London arising out of disputes between two inter- national oil companies incorporated in California over drilling concessions granted to them by two of the Trucial States in the Persian Gulf should be tried in England as the most convenient place in all the circumstances. [Butters and Oil Co. v Hammer and Another; C. of A.] Contempt of Court Where there is contempt of the county court by disobedience to a court order, the power to punish by committal is an integral part of the remedy even after the order has ceased to be effective, their Lordships held when returning to prison for contempt a landlord who had terrorised and persecuted her tenants, in order to make them leave after they had been granted interim injunctions to restrain her. [Jennison and Others v Baker; C. of A.; 2/12/1971.] Contract A man Who agreed to sell his car to a rogue who called on him after seeing an advertisement, talked knowledgeably about the film world, signed a dud cheque for £450 in the name of "R. A. Green", and was allowed to have the logbook and drive the car away late the same night when he produced a film studio pass in the name of "Green", had effectually contracted to sell the car to the rogue and could not recover it or damages for it from another man who had bought it from the rogue for £200. [Lewis v Averay; The Times; 22/7/1971.] A firm of accommodation agents were held not to be entitled to recover commission from a barrister for whom they had found a flat, as it was illegal under the Accommodation Agencies Act, 1953. [Crouch and Lees v Harides; C. of A.; 29/6/1971.] Where a car dealer continued in possession of a motor car which he had bought from one finance company with a cheque that bounced and had sold to another finance company who paid him for it and were tricked by the dealer into believing

In general the meaning and effect of a document does not change while it is in the hands of the postman. However, informal a notice of dishonour may be, and accepting that it may be given most informally, it must be couched in such terms that the recipient knows that the bill has been dis- honoured. A statement that the bill will be dishonoured will not do, however certain the happening of that event may be. A notice given before dishonour never can be a notice of dishonour. [Eaglehill Ltd. v J. Needham Builders Ltd.; G. of A.; 20/11/1971.] Building Contract The House of Lords, by a majority, dismissed an appeal by bulding employers, P. and M. Kaye Ltd., of Parkway, NW, on a preliminary issue as to the construction of clause 30 (7) of the RIBA form of building contract (1963 edition) and the evidential value of an architect's final certificate. [P. and M. Kaye Ltd. v Hosier and Dickinson Ltd.; H.L.; 22/12/1971.] See under Negligence; Dutton v Bognor U.D.C.; C. of A.; 17/12/1971; February Gazette. Charging Order A bank which had obtained judgment against a husband and wife in respect of two overdrawn joint current accounts successfully applied for a charging order nisi on a mortgaged house in their joint tenancy. Mr. Justice Waller in a reserved judgment gave reasons for having allowed an appeal by the National Westminster Bank Ltd. from a refusal by Master Jacob to make a charging order on the bank's application under Section 35 of the Adminis- tration of Justice Act, 1956, and Order 50, Rule 1, of the Rules of the Supreme Court in respect of a house of which Mr. Roy Allen and his wife, Mrs. June Olive Allen, are joint tenants. Section 35 (1) provides: "The . . . court . .. may, for the purpose of enforcing a judgment . . . for the payment of money to a person, by order impose on any . . . interest in land . . . a charge for securing the payment of .. . moneys due .. . under the judgment . . ." [National Westminster Bank Ltd. v Allen and Another; 12/7/1971.] Charity Rating A house owned by Bexley Congregational Church which was vacant but held available by the church as a minister's resi- dence from which the minister would perform the duties of his office was held to be liable for rates. [Treasurer of Bexley Congregational Church v Bexley Lon- don Borough; 4/8/1971.] Clubs Gaming licensing authorities have jurisdiction under the Gam- ing Act, 1968, to register proprietary clubs under Part III of the Act to enable them to have gaming machines on their premises, even though they are not bona fide members' clubs; but the authority has a discretion whether or not to register a particular club. [Tehrani and Another v Rostron; C. of A.; 29/7/1971.] An application for election to membership of the East Ham South Conservative Club is a situation to which Section 2 of the Race Relations Act, 1968, applies and a refusal to elect on

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