The Gazette 1955-58

Practice—Bias—Justice should be seen to be done—New Trial. The plaintiff claimed from the defendants the return of jewellery alleged to have been pawned without her consent by one R. After the close of the evidence, (R., whose whereabouts were unknown, not having been called as a witness), and during the speeches Slade J. commented adversely on R. and said that he was inclined to accept the plaintiff's evidence. As a result of pub licity given to the case R. contacted the defendants and with leave gave evidence on their behalf. He stated that he pawned the jewellery with the con sent of the plaintiff. Slade J. ordered that the case should be tried de novo before another judge. His Lordship said that if having heard R.'s evidence he was still of the same opinion R. would leave court thinking that justice was not seen to have been done. (Leigh v. Sutton (The Times, May nth, 1957) 5 C.L. 413). REGISTRATION OF TITLE ACTS, 1891 AND 1942. NOTICE. Ref. 1772/4/57 Folio 411 Registered Owner County Cavan ANDREW BRADY The Registered Owner has applied for a Duplicate of the Certificate of Title specified in the Schedule hereto which is stated to have been lost or in advertently destroyed. The Duplicate will be issued unless notification is received in this Registry within 28 days from the date of this Notice that the said Certificate of Title is in the custody of a person not the Registered Owner. Such notification should state the grounds

and that practice did not disqualify him from registration. Mr. Justice Hilbery delivered a concurring judg ment. Mr. Justice Devlin, concurring, said that in reaching their decision the Discipline Committee had overlooked one essential matter. It was not of itself disgraceful to disagree with the majority view and to act accordingly ; it was only if a man had bound himself in honour to accept that view and to act accordingly that a deliberate breach of the code for his own profit could be called " dis graceful." The appellant had never so bound him self. Every man has the right to earn his living in whatever way he chose unless by the law or by his own voluntary submission the way was taken from him, and in the exercise of that right he must not be punished by a professional majority under a pretext that non-conformity of itself was dis graceful. What the council was trying to do was to enforce a code which had no legislative sanction and to coerce a minority, which was free and unpledged. If in December, 1955, anyone had suggested that Mr. Hughes was behaving " dis gracefully," he could have recovered heavy damages for defamation. But, it was said, when the clock struck midnight he began to sin. So high a degree of punctuality brought the point to absurdity. Disgrace was not something that got brought in with the New Year. The day of purification had not arrived. His Lordship had said that every profession has practices—such as advertising, poaching and under cutting—which it bars. These activities which are considered in the business world to be laudable examples of enterprise have always been considered .offensive professionally. If a man joins a profession in which the use of trade weapons is barred, and then proceeds to employ them, he is taking an unfair advantage over his fellows—and may become guilty of disgraceful conduct. (Hughes /••. Architects Registration Council of "The United Kingdom") ([1957] 2 All E.R. 436). Costs imposed on solicitor personally. In a case, in which the plaintiff was injured when a short length of timber fell from a set suspended from the winch of a ship he was helping to unload, owing to a misunderstanding, the plaintiff's re presentatives and witnesses did not appear when the case came on for trial, although the case appeared in the week's list. Paull J. held that the defendant's costs of that day must be paid by the plaintiff's solicitor personally. (Flatman v. J. Fry & Co. (1957) 5 C.L. 349).

on which the Certificate is retained. Dated this 28th day of June 1957.

JOSEPH O'BYRNE,

Registrar of Titles.

SCHEDULE. Land Certificate of Andrew Brady to 143. 31'. I3p. of the lands of Lisclone situate in the Barony of Tullygarvey and County of Cavan being the lands comprised in said Folio. 20