The Gazette 1958-61

CIVIL LIABILITY BILL 1960 The purpose of the Civil Liability Bill 1960, which has recently been published, is:—(i) to amend and consolidate the law relating to survival of causes of action on death; (2) to amend and declare the law relating to concurrent fault and to joint and several tortfeasors, based on the draft Bill printed by Dr. Glanville Williams in his book "Joint torts and contributory negligence" (1951); and (3) to re-enact, in the light of the foregoing, the existing statutory- provisions in regard to damages for the benefit of the dependants of persons fatally injured. Many amendments are made to the law of contributory negligence, including the abolition of the so-called "Last Opportunity Rule" ; in future damages will be apportioned between plaintiff and defendant in the light of the negligence of each party. The Workmen's Compensation Acts and the Air Naviga tion and Transport Act 1936 will be amended to bring them into conformity with the new provisions. The Tortfeasors Act 1951, Fatal Injuries Act 1956 and Sections i to 3 of the Maritime Conventions Act 1911 will be repealed. The new Civil Liability Bill is a comprehensive measure of 59 Sections contained in 29 pages of print; it is accompanied by a most useful explanatory memorandum of 25 pages. The Bill and Explanatory Memorandum may be obtained from the Government Publications Sale Office, Henry Street Arcade, Dublin, for 2/6 (or 2/10 including postage). DEFAMATION BILL 1961 This Bill is described as "An Act to consolidate with amendments some enactments relating to the law of defamation". Briefly, the Bill re-enacts all existing statutory legislation relating to libel and slander, including many of the provisions of the English Defamation Act 1952. The Bill contains. 30 sections, one repealing Schedule, and a Second Schedule describing newspaper statements which can claim qualified privilege either with or without explanation or contradiction. The bill is due to come into operation on ist January 1962, and the defini tions of "newspaper" and "proprietor" should be noted. The Criminal Libel Act, 1819, as well as the Libel Acts of 1843, T ^45 an

CORRECTION It has been pointed out that, in commenting upon the McMorrow case (see GAZETTE, February 1961, page 82) the member who kindly com mented on the case was not guite accurate when he stated that "... once the Road Traffic Bill 1960 becomes law, as under it liability to passengers will have to be covered". The comment of the Minister for Local Government in relation to Section 65 of the Bill which covers this matter was "that the regulations will apply of course to public service vehicles, and my views at present are that the regulations should also apply to all vehicles of the private car and station-waggon types, subject to any representation I may receive." HIGH COURT RULES 1961 S.I. No. 92 of 1961 The High Court Rules 1961—S.I. No. 92 of 1961— deal with the following applications to the High Court in relation to solicitors:— (1) Applications to be admitted as a solicitor. (2) Petitions to the High Court by the Society based on a report of the Disciplinary Committee of the Society with an alternative finding of mis conduct or of unsatisfactory answering and a prayer that the solicitor concerned be struck off the roll, that he pay the costs of the proceedings, and that he pay a sum for restitution to the client who has been defrauded—or a petition that a solicitor, who applies to be voluntarily struck off the rolls, be granted or refused. (3) Provision is made in the many instances set forth in the Solicitors Acts of 1954 and of 1960, in which an appeal is provided to the President of the High Court, that this appeal from an order of the registrar or of the Society shall be made not more than one month after the decision appealed from by a four-day notice of motion; a copy of this notice of motion together with the affidavit in support is to be delivered to the Central Offices; and, unless otherwise directed by the President, the evidence shall be by affidavit. (4) In the case of a person who has refused to deliver or produce documents under his control, the Society may apply to the Court by Summary Summons—Form 3—for an order compelling such person to comply. (5) If the Society are of opinion that a solicitor is guilty of dishonesty in connection with his practice, it may apply to the High Court by a motion ex-parte grounded on an affidavit of the secretary for an order that no bank shall, without leave of the Court, make any payment out of an account in the name of 100