The Gazette 1955-58

All Risks Insurance Policies (S.J., 3rd December, I955)- Application to fix rent on new business tenancy to be determined by rents fixed in same area by the Courts (per Shannon J.) or by opinion of valuers (per McLoughlin J.)—-" Ono Ltd. v. H. Williams & Co." (I.L.T., yth January, 1956). Appeal in the Supreme Court of Judicature (L..T., 27th January, 1956). Assignment of Controlled Premises at end of tenancy valid—" Bookman Ltd. v. Nathan " (C.A.) (S.J., 1 3 th August, 1955). Auctioneer not entitled to commission if purchaser subsequently sells house by private treaty to higher bidder (" Stokes and Quirke v. Clohessy) (McLoughlin, J.) (I.L.T., ijth November, 1955). Bankruptcy Decisions in England in 1954 and 1955 (S.J., loth September, 1955). " Business " under English Landlord and Tenant Act, 1954(^.7., zoth August, 1955). Civil Conspiracy in Ireland—Law of (I.L.T., 14th and zist January, 1956). Child licensee of Corporation playground cannot recover for injuries caused by trip wire—" Bugle />. Dublin Corpn."—(Haugh, J.) (I.L.T., izth November, 1955)- Changes in the County :Court in 1956 (L.T., z3rd December, 1955). Corroboration in Domestic Proceedings (S'.J., izth November, 1955). Costs of English Divorce proceedings unenforceable in Ireland as contrary to public policy—" Mayo- Perrott v. Mayo-Perrott " (Murnaghan, J.) (I.L.T., 31 st December, 1955). Conditions under which Contract of Service trans ferred—"Denham v. Midland Employer's Mutual Co. (-L.T., 2nd September, 1955.) Costs—In assessing instruction fees of 15 guineas in Circuit Court and 25 guineas on a High Court appeal in a title action relating to land with £23 P.L.V., County Registrar should not award these sums on the basis of there being little opposition, but should take all factors into consideration—" McManus v. McGovern " (Murnaghan, J.) (J.L.T., 17111 December, 1955). County Court Appeals (L.T., 3oth September, 7th, i4th and 2ist October, 4th and i8th November, znd and 9th December, 1955, and 6th, i3th ana zoth January, 1956). Costs of an Assisted Person (L.T., 2nd December, 1955). Costs in an action under Lord Campbell's Act which was settled a few days before the hearing for £2,000 ar| d costs, the Taxing Master w?s directed to state the grounds upon which he had awarded a large instructions fee, allegedly because-'the .7*

matters affecting their conduct which the Society regarded as satisfactory and that the Society have a discretion to grant or to refuse applications for their next practising certificates. In three cases explana tions subsequently received from the solicitors were accepted and the notices were withdrawn. Two applications were received from solicitors under section 60 for permission to employ or remunerate persons who had been struck off the roll and were considered by the Committee on reference from the Council. In one case the Com mittee recommended the application should be refused and in the other that the application should be granted. The Council in each case acted on the Committee's report. Six applications under section 61 of the Act from practising solicitors for permission to carry on the practice of deceased solicitors on behalf of the personal representatives were considered and granted on the Council's being satisfied with the terms of draft agreements submitted for approval. In 16 cases the Committee directed the institution of proceedings against solicitors before the Disciplinary Committee on behalf of the Society on statements which appeared to the Committee to constitute prima facie evidence of misconduct. When the Committee was set up on i3th January, 1955, it was decided that the delegation of the Council's powers should be reviewed after six months. The delegation of the powers was re affirmed in the Bye-laws of the Council on and June, 1955. The Committee are of opinion that for the effective operation of the Solicitors' Act, 1954. and particularly having regard to Section 73 of the Act, it is essential that the delegation of the powers of the Society specified in the resolution of the Council of i3th January, 1955 should be continued. Signed on behalf of the Committee, SEAN O hUADHAIGH, Chairman. \\llj January, 1956.

LITERATURE.

LEGAL

RECENT

v. Rochester

to Children—" Phipps

Accidents

Corporation" (S.J., zoth August, 1955). Administration of Estates Act (Northern Ireland) 1955 (I.L.T., 4th and nth February, 1956). Appointment of Notaries (S.J., 4th February, 1956). Advertising and Income Tax (I.L.T., z6th November and 3rd and loth December, 1955).