The Gazette 1961 - 64

(4) The Act does not affect any provisions in articles of association regulating the execution of documents by any particular company or body corporate. Section 4 which is intended for the protection of the revenue makes it an offence for any person to part with the possession of a blank transfer which has been delivered pursuant to a sale of securities before it has been completed. This is intended to prevent the sale and sub-sale of securities pursuant to blank transfers without paying the appropriate stamp duty on each transaction. The Act will come into operation on a date to be appointed by Ministerial order. THE COURTS BILL, 1963 This Bill which was introduced by the Minister for Justice makes provision for the appointment of one extra Circuit Court Judge who shall be movable or fixed as the President of the Circuit Court shall direct. Section 3 makes provision for the alteration of circuits which shall be effected by the Minister acting in consultation with the President of the Circuit Court and the Judges of the Circuit Court if any, permanently assigned to the circuits to which the Order will relate. The Act also provides in Section 5 that the Justice of the District Court may take vacations at such times as may be approved of by the Minister for Justice. CASE LAW Civil Liability Act—apportionment of blame—costs Sections 24 and 42 of the Civil Liability Act, 1963 were considered in the case of O'Connor v. Nelligan by the President of the Circuit Court sitting at Killarney. It was found that in a claim for damages arising out of a collision of two vehicles in County Kerry, the defendant was 75% negligent and the plaintiff 25% negligent. The President reduced the total amount of damages sustained by the plaintiff by 25% and gave a decree for the net amount (after the reduction of 25% from the gross damages), which decree amounted to .£200 6s. id. The defendant had lodged in Court the sum of £151. Counsel for the defendant con tended that the costs should follow the same proportion as the damages, and he referred to Section 42 of the Act. The submission of counsel for the plaintiff was that Section 42 applied only where a counterclaim had been brought by the defendant and its application was discretionary. He further argued that the costs should be costs simpliciter on the decree for £200 6s. id., as the reduction had already been made and the damages due to the 25% degree of negligence on the part of the plaintiff. The President, Judge O'Briain,

held that on the facts and circumstances of the case the costs should be on the decree for £200 6s. id. simplicter, as no counterclaim was in issue and accordingly Section 42 of the Civil Liability Act, 1961 did not apply. (Irish Law Times 1 4th, 1963.) Solicitors' Journal, December Arbitrators' fees In Government of Ceylon v. Chandris (1963. 2. All. E.R.i) Megaw J. considered the meaning of "tax" or "settle" in section 18, sub-section i of the Arbitration Act of 1950. The case which concerned a dispute relating to a charter party went to arbitration and the arbitrators disagreed. An umpire was subsequently appointed who made no attempt to assess the value of the arbitrators' service or the remuneration which they could fairly claim to be paid for the work they had done. However, he did include in the award the fees which they had asked him to include, since he thought that this was in accordance with the usual practice in such cases. The learned Judge held that this amounted to " misconduct " and remitted the award for reconsideration of the question of the costs of the award. Held : that the sub-section mentioned above gave the umpire the power to " tax " or " settle ". These words meant the application of the umpire's own independent mind, to the fees demanded and the work done in order to be satisfied that they were fair and reasonable, bearing in mind, however, the interest of the party who would have to pay them, as well as the legitimate interest of the arbitrators. The section states that " unless a contrary intention is expressed therein, every arbitration agreement shall be deemed to include a provision that the costs of the reference and award shall be in the discretion of the arbitrator or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof ". There might be cases where the umpire should satisfy himself that the fees put forward by the arbitrators have in fact been fixed and agreed between the parties whether the arbitrators have express authority from the respective parties so to agree or otherwise. In such case an umpire need not go behind the agreement to investigate the agreed fees. However, in the present case there was no suggestion that there had been any such agree ment or authority on the part of the arbitrators to agree so as to bind the parties. (I.L.T.R. & S.J., December yth, 1963.) 73