The Gazette 1958-61

there until the term of the articles expired on Aug. 30, 1957, being paid £5 a week during this period. On the question whether K. was included in the class of employed persons or in the class of non-employed persons, for the purposes of the National Insurance Act, 1946, during the period from Jan. i, 1956 to Dec. 31, 1956, it was not disputed that during that period K. was employed under a contract of service. Held, by Salmon J.: K. was included in the class of employed persons for the purposes of the Act of 1946, from Jan. i, 1956 to Dec. 31, 1956 because (i) in the circumstances, the £100 given to K. during 1956 was intended to be in payment for services, and was not given to him as a personal present. (ii) he was thus a person "gainfully occupied in employment . . . under a contract of service", within s.i (2) (a) of the Act of 1946, although the contract of service made no provision for payments to him. (iii) the fact that a person, when he entered into his employment had no hope, intention or desire of obtaining gain was irrelevant, if he was subsequently paid for his services during the course of his employ ment, to the question whether he was "gainfully occupied" for the purposes of the Act. (Benjamin v. Minister of Pensions and of National Insurance—1960, 2 All E.R. 851). OBITUARY Miss ADELAIDE M. QUIN, solicitor, died on the 3ist July, 1960 at Our Lady of Lourdes Hospital, Drogheda, Co. Lough. Miss Quin served her apprenticeship with the late Mr. John Quin, Ardee, Co. Louth, was admitted in Easter Sittings, 1929 and practised at Ardee, Co. Louth. DISTRICT JUSTICE TIMOTHY P. COFFEY died on the 4th August, 1960 at Barrington's Hospital, Limerick. Justice Coffey served his apprenticeship with the late Mr. John Mackay, Dundalk and the late Mr. Patrick J. Kerley, Dundalk, was admitted in Trinity Sittings, 1916 and practised at Dundalk, Co. Louth up to his appointment as District Justice in 1932. MR. WILLIAM FRANKLIN died on the 4th August, 1960 at Sir Patrick Dun's Hospital, Dublin. Mr. Franklin served his apprenticeship with the late Mr. Alfred Lane Joynt, 4 St. Stephen's Green, Dublin and Mr. Robert E. English, 7 St. Stephen's Green, Dublin, was admitted in Michaelmas Sittings, 1938 and practised at 24 South Anne Street, Dublin. 44

Per Upjohn, L.J. : In general, no doubt, a tribunal having judicial functions to perform should deliberate in public. But there may be good reasons, either in particular cases or indeed in particular classes of cases, where justice demands that the hearing should be in private. The High Court sometimes hears cases in private, and examples have been given by both my Lords, which I need not repeat. In this case one can well understand the reason that may have actuated those responsible for framing r. 21 : justice to the solicitor against whom a complaint is made. One can well understand how serious it might be if a complaint had to be deliberated in public and then a period necessarily elapses while the tribunal has to put its findings into writing. In my judgement, this tribunal is entitled to the benefit of the rule applicable to courts of law and may claim absolute privilege. (Addis v. Crocker, (1960), 2 All E.R. 629.) Solicitors apprentice, even though remuneratedat irregular intervals, is nevertheless "gainfully employed" within the National Insurance Act 1946 and liablefor contributions: In order to determine whether a person is within the class of employed persons in s. i (2) (a) of the National Insurance Act, 1946, vi%., "persons gain fully occupied in ... employment under a contract of service" two questions must be decided, namely, (a) whether the person is employed under a contract of service and then (&) whether he is gainfully occupied, but it is not necessary that the gain should be derived from the contract of service. On August 31, 1954, K. entered a solicitor's employment as an articled clerk. The articles of clerkship were in the usual form and contained no provision for any remuneration to the clerk. Before the articles were drawn up, the solicitor explained to K. that he would receive no remuneration. At Christmas, 1954, the solicitor gave £10 to K., because he liked K. and because it was Christmas. At Christmas, 195 5, he gave £25 to K., for the same reasons. In January, 1956, the solicitor told K that he was pleased with him and that, in recognition of his work, he would give him £100 in 1956 which he was to spend on holidays and not to use for his general living expenses. It was arranged that K. should receive the money in four equal payments when he wanted them, and K. received cheques for £25 in March, July, September and December, 1956. From Nov. 17, 1956 to July 8, 1957, K. was absent from the office, with the solicitor's permission, attending a firm of law tutors. On July 8, 1957, after successfully completing his examinations, he returned to the solicitor's office, and continued to work