The Gazette 1958-61

judgments of the court, they should be reversed and set aside. The grounds of the appeal were that the judge had misdirected himself, decided wrongly in law, and wrongly exercised his discretion in holding, inter alia, that the plaintiffs' statement of claim was demurrable and disclosed no cause of action. The plaintiffs, in interlocutory proceedings before the Court of Appeal, were given leave to amend the notice of appeal by adding a supplemental ground, the effect of which, according to counsel, was to allege that " there was no prospect of a fair trial ". The Court of Appeal (Lord Evershed M.R., Willmer and Upjohn L.JJ.) dismissing the appeal held, that although the judge's interventions went beyond what was either necessary or desirable, the transcript showed that the judge, though expressing strong views about the need for amendment, made it clear that he invited and expected counsel for the plaintiffs to address arguments to him if and so far as he did not accept his views. Further, and more important, an ample margin of time was given to the plaintiffs and their advisers to consider what arguments should be submitted and what amendments put forward. In the circumstances the plaintiffs had not made good their case that, on the morning of December 3, they were justified in their apprehension that any further prosecution of their claim would not be fairly, properly, or satisfactorily heard. (The Times, July 29, 1960.) Practice—striking out proceedings—vexatious litigant— injunction. In Att.-Gen. v. Venia-^a (July 21, 1960) the Divisional Court, acting under s. 51 (i) of the Judicature Act 1929, had declaredV. to be a vexatious litigant and directed that he should not, without leave, institute proceedings. After the Divisional Court's order the Supreme Court of Judicature (Amendment) Act 1959, gave power to the Court to inhibit in the same manner, proceedings already instituted. The House of Lords (Viscount Simonds, Lords Reid, Keith, Denning and Morris), allowing the Attorney-General's appeal against the refusal of the Court of Appeal (Omerod, Willmer and Harman L.JJ. (1959) C.L.Y. 2669) to vary the Divisional Court's order by ordering V. not to continue without leave, proceedings already instituted, held, (i) that the Divisional Court could now make such an order; (2) that the Court of Appeal could also do so.— (1960) 3 All E.R. 97 ; (1960) 3 W.L.R. 466. Trade unions—election of officer—publication of results of election. In Chappie v. Electrical Trades Union (July 27, 1960) Russell J. granted interim injunctions on a motion by the plaintiff against the defendant union,

its general president, general secretary and assistant general secretary, restraining the above-named defendants until trial or further order from continu ing to hold the election in process of being held, for the office of assistant general secretary of the union, or from publishing the purported results of the election or the purported number of votes for each candidate. (The Times, July 28, 1960.) It is understood that an appeal to the Supreme Court is pending in the case of Sheppard v. Callaghan. (See GAZETTE, Vol. 54, page 40, August-September, 1960.) OBITUARY MR. LAURENCE WALSH, solicitor, died on 6th Sep tember, 1960, at his residence, Coolscart, Hospital, Co. Limerick. Mr. Walsh served his apprenticeship with Mr. Thomas E. F. Bennett, Kilmallock, Co. Limerick, was admitted in Trinity Sittings, 1942, and practised at Hospital, Co. Limerick. MR. WILLIAM J. MURPHY, solicitor, died on i3th September, 1960. Mr. Murphy served his apprenticeship with Mr. James O'Brien, Nenagh, Co. Tipperary, was admitted in Hilary Sittings, 1938, and practised at Roscrea, Co. Tipperary. MR. EDMUND W. MOONEY, solicitor, died on 23rd October, 1960. Mr. Mooney was admitted in Hilary Sittings, 1920, and practised under the style of Messrs. William Mooney & Son at 15 Westmoreland Street, Dublin. MR. DERMOT J. HANLY, B.L., died on loth Nov ember, 1960, at his residence, " Glenholme," Lr. Churchtown Road, Dublin. Mr. Hanly served his apprenticeship with Mr. Charles S. Doyle, 34 Kildare Street, Dublin, was admitted in Trinity Sittings, 1934, and practised at 38 Parliament Street, Dublin, up to his being called to the Bar in 1945. MR. LUGHAIGH P. GLEESON, solicitor, died on I4th November, 1960, at Barrington's Hospital, Limerick. Mr. Gleeson served his apprenticeship with the late Mr. Francis J. Little, 48 Upper Sackville Street, Dublin, was admitted in Trinity Sittings, 1916, and practised under the style of Messrs. Michael Gleeson & Son at Nenagh, Co. Tipperary. THE REGISTRY Register A WANTED, Solicitor or experienced Law Clerk for Convey ancing. Apply, with particulars, to Guest, Lane, Williams & Co., Solicitors, 26 South Mall, Cork. 55