The Gazette 1921-25

The Gazette of the Incorporated Law Society of Ireland.

••APRIL, 1923]

51

From Messrs. Molony and Owens : Barnewall and Adolphus ; Reports, Vols. 1-5. Bythewood's Conveyancing by Jarman, 1829- 1834, 10 Vols. and Index. Chitty's Equity Index, 2 Vols. Circuit Reports in Ireland, 1841-42-43. Edge : Leases, 1875. Irish Equity Reports, Vols, 2, 3, 5, and 6-11. Mylne and Keen's Reports, Vol. 1, 1834. Nolan and Kane : Landlord and Tenant, 1874. Pratt's Index to the Term Reports. Sugden : Vendors and Purchasers (2 Vols.), llth edition, 1846. Long-Established Firms. A member practising in Dublin, admitted in 1879, whose grandfather of same surname was admitted in 1802, and practised till 1859 in Dublin, and whose father was admitted in 1852, and practised till 1902 in Dublin (thus for 121 years a member of the family has been practising either alone or in partnership in Dublin), is desirous of ascertaining if any other Dublin Solicitor has a longer family record of continuous practice at the profession in Dublin. The Solicitor would be glad if replies were sent to the Secretary of the Society, 33 Molesworth Street. Recent Legal Decision. HOUSE OF LORDS. RUSSELL, APP. : RUDD, RF.SP. March 20, 1923.— Workmen's Compensation— Agreement for payment of a lump sum in settlement of all claims — Validity. Appeal from an Order of the Court of Appeal (England) setting aside an award of the Judge of the Edmonton County Court. In October, 1920, the appellant sustained an injury by accident arising out of and in the course of his employment with the respondent, and the respondent, without

entering into an agreement with the appel lant, paid him the maximum amount of compensation, 35s. per week until August, 1921. In June, 1921, the appellant agreed to accept, and the respondent agreed to pay, " the sum of £75 in full settlement " and discharge of all claims in respect of " the aforementioned accident," and the respondent forwarded a memorandum of agreement to the Registrar to have it recorded. The Registrar refused to record the agreement on the ground of inadequacy, and referred the matter to the County Court Judge. On the cesser of the weekly payment in August, 1921, the appellant filed a request for arbitration. The County Court Judge refused to record the memorandum, and made an award in favour of the appellant of 13s. 6d. per week. The Court of Appeal ordered the award to be set aside and the agreement to be recorded. The House by a majority (Viscount Cave, L.C., Lords Dunedin, Shaw and Buckmaster ; Lord Carson dissenting) reversed the Order of the Court of Appeal and restored the award of the County Court Judge. In the opinion of the majority, apart from the provisions of the Act relating to the redemp tion of a weekly payment, it was not competent for an injured workman of full age to enter into an agreement with his employer for the acceptance of a lump sum in settlement of all claims under the Act, inasmuch as that was a contracting out of the Act within the meaning of S. 3, Sub-s. 1. (Reported Weekly Notes, 7th April, 1923.) Examination Results. At the Intermediate Examination held on 1st March, the following passed, and their names are classed and arranged in order of merit :— CLASS I. 1. James A. Ennis. 2. James Tanham. 3. Edward A. Margetson. 4. James P. Kennedy. 5. Joseph Brazil \ William J. Craig j" e1ua1 '