The Gazette 1958-61

OBITUARY MR. PATRICK J. NEILAN, Solicitor, died on the aoth December, 1960, at his residence, Ratharane, Abbey Street, Roscommon. Mr. Neilan served his apprenticeship with the late Mr. Michael J. Heverin, Roscommon, was admitted in Michaelmas Sittings, 1911, and practised at Ros common under the style of Messrs. Patrick J. Neilan & Sons. MR. JOHN W. O'GoRMAN, Solicitor, died on 29th December, 1960, at his residence, South Mall, Lismore, Co. Waterford. Mr. O'Gorman served his apprenticeship with the late Mr. Edward A. Ryan, Dungarvan, Co. Water- ford, was admitted in Trinity Sittings, 1926, and practised at Lismore, Co. Waterford. MR. JAMES CODY, Solicitor, died on nth January, 1961, at his residence at Bagenalstown, Co. Carlow. Mr. Cody served his apprenticeship with the late Mr. Charles H. Thorp, Bagenalstown, was admitted in Easter Sittings, 1928, and practised at Bagenals town under the style of Messrs. James Cody & Son. MR. MICHAEL F. FLANAGAN, Solicitor, died on 25th January, 1961, at a Dublin hospital Mr. Flanagan served his apprenticeship with the late Mr. John C. Garvey, Castlebar, Co. Mayo, was admitted in Easter Sittings, 1952, and practised at Castlebar under the style of Messrs. Garvey, Smith & Flanagan. INDEX OF STATUTORY INSTRUMENTS published since August, 1960 AGRICULTURE, LANDS AND FISHERIES. SUBJECT MATTER AND REFERENCE NUMBERS. Bacon Pigs Production Levy—258/1960. Bacon Sales Levy (Home Consumption) Suspending Orders— 214/1960, 230/1960, 257/1960, 8/1961, 28/1961. Bovine Tuberculosis—Co. Clare and Co. Limerick North of Shannon declared attested areas after 4th February 1961— 17/1961. Bovine Tuberculosis—Co. Donegal, Co. Mayo and Co. Sligo declared attested areas after 5th December 1960— 236/1960. Bovine Tuberculosis—Counties Kildare, Louth, Meath, Offaly and Baltinglass District to be clearance area after ist March 1961—38/1961. Bovine Tuberculosis—Co. GaKvay to be an attested area from 2oth January 1961—9/1961. Bovine Tuberculosis—Co. Leitrim and Co. Roscommon declared attested areas after I3th February 1961—29/1961. Bovine Tuberculosis—Movement of Cattle in Counties Cavan, Longford and Monaghan regulated after izth December 1960—248/1960, 82

was not liable to insure his passenger, it then became necessary to join the Official Assignee for the purposes of conformity. The action was heard by Mr. Justice McLoughlin and a Jury, on the :6th February 1959, and after five days' hearing the Jury dismissed Irish Shell from the action and awarded £87,401 damages against the first-named defendant, no Order being made against the Official Assignee. The first-named defendant appealed against the amount of the award and in December 1959 the Appeal was heard by the Supreme Court, and in a reserved Judgment the Court (Maguire, C. J., Lavery, Kingsmill-Moore, O'Dalaigh and Martin Maguire, JJ.) unanimously allowed the appeal with costs, and ordered a new trial limited to the amount of damages. The Plaintiff then re-served Notice of Trial and the re-trial took place in May 1960 in the High Court before Mr. Justice Teevan and a Jury. On the second day of the re-trial, terms of settlement and consent were agreed between Counsel, subject to suitable arrangements being made to deal with the bankruptcy position before such settlement was implemented. Negotiations then took place between the parties and the Official Assignee, which ultimately resulted in the Official Assignee being paid £1,000 of the agreed settlement figure of £50,000, the balance of £49,000 being paid to the Plaintiff. The complications that arose in this case are not likely to arise again once the Road Traffic Bill, 1960, becomes law, as under it liability to passengers will have to be covered and no question will then arise of damages awarded against a bankrupt defendant having to go into the bankruptcy to enable the creditors to be paid zo/~ in the £. It is interesting to note that, in McMorrow's case, if the damages had been treated as belonging to the bankrupt's estate, the entire costs and expenses of the bankruptcy and the payment of zo/- in the £ to the creditors would have been paid out of the damages and the balance only would have been paid to McMorrow. His damages, therefore, would not have ranked for a dividend. (McMorrow v. Knott, Irish Shell Ltd. and Clancy —unreported.) NOTE.—In a similar case in Northern Ireland, an award of £50,000 made to the Plaintiff, a girl who was paralysed from the neck downwards as a result of a road accident, was upheld by the Northern Ireland Court of Appeal in March 1960.