The Gazette 1918-19

MARCH, 1919

The Gazette of the Incorporated Law Society of Ireland.

58

shall not be entitled to any costs unless at the trial of such cause, the Judge shall certify that the case was a fit one to be tried in the High Court. A plaintiff brought an action for damages for assault and false •imprisonment. At the trial the jury brought in a verdict for £5 on each issue. The defendant contended on the taxation of the costs, that the plaintiff, was not entitled to any costs, there being no certificate of the Judge under the above Rule. The King's Bench Division held that the true interpretation of the rule was the amount recovered in the action and not the amount recovered in each separate cause of action, and that the plaintiff having recovered £10 in the action was entitled to the costs. '(Donnelly v. Verschoyle (1919), 2 I.R., 101.) The defendant appealed, and the Court of Appeal affirmed the decision of the King's Bench Division. Calendar of the Incorporated Law Society, 1919. Society's Calendar and Law Directory for 1919 can be obtained in the Secretary's Office, price 4s,, or by post 4s. 6d. ' ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Societv, j Solicitors' Buildings, Four Courts, Dublin E

entitled to be paid the value thereof in addition to the month's wages which had been lodged.

As illustrating the general principles on j which damages for wrongful dismissal are ' computed another recent case reported in the current month's Reports should be referred to. In Manubens v. Lean (1919, 1 K.B., 208) a hairdresser employed at a weekly wage of 30/- with a commission on any goods sold, was wrongfully dismissed. It was held that being entitled to a week's notice .he was entitled to a week's wages of 30/-, but it being also an implied term of the contract j of his service that he should be allowed to receive tips from the customers served by him, the loss of those tips must be taken according to the well-known principles '' established by the leading case of Hartley v. Baxendale (1854, 9 Ex. 341), to have been in the contemplation of the parties as the result of the breach of the contract, and that therefore the value of the week's tips must be taken into consideration in assessing the damages for the wrongful dismissal. Costs of A ction for Tort. THE Rules of the Supreme C.ourt, 1905, Order 65, Rule 4, provide that when the parties reside within the jurisdiction of the Civil Bill Court of the county in which the cause of action has arisen, if the plaintiff in any action disconnected with contract (except for replevin, slander, libel, malicious prosecution, seduction or criminal conversation), shall recover a sum not exceeding £5, the plaintiff