The Gazette 1961 - 64

Kildare County divided into two Jury Districts (Athy and Naas) after i September, 1963—173/1963. Kildare County—Criminal Trials Triable from panel of Jurors in either Naas or Athy Jury District—174/1963. Sherriff's fees Order 1963, relating to Execution Order for Revenue Proceedings in the High Court or Circuit Court—230/1963. Superior Court Rules (No. i), 1964—38/1964. MISCELLANEOUS. SUBJECT MATTER AND REFERENCE NUMBERS. Curragh (Co. Kildare) Bye-Laws, 1964—7/1964. Female Clerks Provident Fund (Amendment) Scheme (Con firmation) Order, 1964—17/1964. Holidays (Employees) Act, 1961—6 January appointed a church Holiday unless it falls on Sunday—265/1963. International Convention for the Prevention of Pollution of the Sea by Oil, 1954 accepted by the United Arab Republic, Jordan and the Dominican Republic—240/1963. Internation Convention for the Safety of Life at Sea, 1948 accepted by Hungary, Mexico, Nigeria and Tunisia— 239/1963. Secondary Teachers' Superannuation (Married Women) (Amendment) (No. 2) Scheme, 1963—244/1963. Vocational Education (Grants for Annual Schemes of Com mittees) Regulations, 1963—219/1963. POST OFFICE. SUBJECT MATTER AND REFERENCE NUMBERS. Broadcasting—Television Licences increased to £5 per annum and Radio Licences increased to £i 55. od. per annum after i November, 1963—199/1963. Inland Telegraph (Specified) Charges increased—179/1963. Telegraph (Inland Written Telegram) Amendment (No. 8) Warrant, 1963—179/1963. Wireless Telegraphy (Control of interference from Ignition Apparatus) Order, 1963—223/1963. SOCIAL SERVICES. SUBJECT MATTER AND REFERENCE NUMBERS. Social Welfare (Contributions) (Amendment) Regulations, 1963, in force from 6 January, 1964—263/1963. Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regs., 1963 in force from 6 January, 1964—258/1963. Social Welfare (Overlapping Benefits) (Amendment) Regs., 1963 in force from i November, 1963—217/1963. Social Welfare (Old Age) (Contributory Pension) (Transitional) (Amendment) Regs., 1963—229/1963, 247/1963. TRANSPORT AND TRAFFIC. SUBJECT MATTER AND REFERENCE NUMBERS. Castlebar (Co. Mayo) Parking Bye-Laws, 1963—11/1964. Cement Acts, 1933-1958—Uses of Railway Sidings extended to subsidiaries and associates—243/1963. Merchant Shipping—Certain Canadian Certificates of Com petency recognised—180/1963. Merchant Shipping—Increased fees payable in relation to Certificates and Surveys after i January, 1964—266/1963. Road Traffic (Construction, Equipment and Use of Vehicles) Regs., 1963 in force from 27 October, 1963—190/1963. Road Traffic (Lighting of Vehicles) Regs., 1963 in force from 27 October, 1963—189/1963. Road Traffic (Public Services Vehicles) Regulations, 1963 in force from 27 October, 1963—191/1963.

Road Vehicle—Additional Index Marks prescribed for Dublin, Cork Corporation, Carlow and Louth—8/1964. Warsaw Convention, 1929 relating to International Carriage by Air—Up-to-date list of High Contracting Parties— 18/1964. Road Traffic Act, 1961—Provisions relating to driving licences operated, and corresponding provisions of 1933 Act, repealed—28/1964. Road Traffic (Licensing of Drivers) Regulations, 1964 in force from 18 March, 1964—29/1964. Howth Road, Dublin, Parking, Temporary Rules, 1964— 30/1964. CURRENT CASES Appealfrom arbitrators award on costs The principles on which an arbitrator has to act in relation to the awarding of costs in an arbitration are identical with those on which a judge in court has to act in awarding costs. The costs nor mally follow the event, but in the case of a court decision while the judge has a discretion he must nonetheless take account of the conduct of the parties in the course of the hearing and the question as to whether one particular facet of the claim failed on which a large amount of time had been spent. Furthermore, the court in depriving a successful claimant of his costs or a large part of them must normally indicate the reasons for following that course. If the judge applies a wrong principle his decision will be reversed on appeal. However in the case of an arbitration the arbitrator is not bound to state specifically the grounds upon which he bases his decision and even if his order is challenged in court the court is not entitled to require the arbitrator to state the reasons why he made a particular order. In the course of his judgment in Matheson & Co. Ltd. v. A. Tabah & Sons (1963. 2 Lloyds Rep. 270) Megaw J. stated that the court was entitled to look at the award alone. In the present case His Lordship stated that he had been asked to look beyond the award at the affidavits which had been put in by the parties in order to consider whether on the matters there shown there was material on which the arbitrator could have properly exercised his discretion in the fashion in which he did, In concluding his judgment Megaw J. stated the parties should realise that if they adopt arbitration procedure they will find that where the arbitrator makes an award as to costs which they regard as being unjust or unfair, the possibility of their being able to procure review and remedy for that in the Courts is very limited, almost to the point of non-existence unless the arbitrator himself sees fit, where the exercise of his discretion is challenged to state his reasons so that the Court can see whether they were sound in principle. That, however, was a matter for the parties. (The l^aw Times Vol. 235, p. 16.) 82