Quarterly Summary
| Published date | 01 July 1961 |
| Date | 01 July 1961 |
| DOI | 10.1177/002201836102500309 |
| Subject Matter | Article |
Quarterly Summary
(Extended reports
of
some
of
the
cases
here summarised will be
given in our next issue.-Editor.)
CERTIORARI TO QUASH ORAL ORDER OF MAGISTRATES
R. v. Chertsey
JJ.,
Ex
p. Franks
ON an application for an order of certiorari
the
Divisional
Court held
that
where the decision of
the
magistrates was
announced orally it was
that
oral order and
not
the written
register of conviction which an applicant for an order of
certiorari must seek to quash, and as
the
oral decision in this
case was a speaking order giving reasons which disclosed an
error of principle certiorari would go and the conviction was
quashed. Afarmer failed to comply with an enforcement
notice requiring him to discontinue
the
use of certain land as a
caravan site and on being convicted the magistrates stated
that
they were imposing a fine at the rate of £3 a day from
the
date of his last conviction, which was 446 days earlier.
This
was to exceed their jurisdiction as they were fining in respect
of offences committed more
than
six months before
the
date
of
the
information.
The
offence was held to be a continuing
offence which occurred from day to day. (1961, 2
W.L.R.
442.)
EVIDENCE OF 'PERSON INTERESTED'
Bearmans, Ltd. v. Metropolitan Police District Receiver
The
owners of a store, and their insurers, claimed to
recover compensation from
the
defendant Receiver under
the
Riot (Damages) Act, 1886, for losses occurring when four
persons wrongfully entered the store, overpowered the watch-
man, broke into the strong room and stole a large
sum
of
money and goods.
The
plaintiffs' only substantial evidence
to support their claim was
that
of the watchman, who had made
two written statements, one to the Police a few hours after he
was attacked, and another
10
days later to a representative of a
firm of loss adjusters. After
the
commencement of the pro-
ceedings
the
watchman died. On
the
question whether
the
236
To continue reading
Request your trial