The Gazette 1964/67

Time for Serving a Writ Gases where a plaintiff is claiming damages for personal injuries ought to be brought on for trial as soon as is reasonably possible, while the facts are fresh in peoples minds. Consequently if a plaintiff delays, where a limitation period is run ning, until the very last minute to issue his writ, he has only himself to thank if by some mistake the writ is not effectively served in time. If the delay, or the mistake which makes it irre parable, is the fault of a solicitor, he will bear the consequences of that. Where an application to extend the validity of a writ is made in such circumstances, it will be for the plaintiff to show sufficient reason for the extension to be granted. The fact that a lot of time was actually spent in obtaining legal aid is unlikely to evade the plain tiff. Baker v. Bowketts Ltd., case, which was reported before the Court of Appeal on 16th March, illustrates this well [I.L.T.R. and S.J. (Vol. C) p. 307] Negligence: Injury to Employee An employer has, both by the system of working and by his servants in the course of working, to take reasonable care to protect each of them from unnecessary danger. A case, which came before the Court of Appeal on 16th December 1965, concerned itself with a stevedore who was in jured whilst unloading some tea-chests from a barge. Some of them overhung the hold. He walked backwards, stepped on one of the over hanging chests and fell into the hold. He claimed damages against his employers on the grounds that they were liable for the injuries which he had suffered because the other members of the gang working with him had not warned him of the overhanging. It was held (confirming the decision of Thomp son J. [1965] 2 Lloyd's Rep. 304) that the em ployers were not liable, for the other members of the gang were entitled to assume that he had seen the overhanging and that he would not walk backwards. They were accordingly under no duty to warn him of the danger. [Richards v. Brooks, I.L.T.R. and S.J. (Vol. C)-Journal, p. 317]. CORRESPONDENCE Sealing by Council of Releases of Mortgages Questions were recently raised at a meeting of the Council about delays experienced in obtaining releases of Local Authority mortgages. The Secre tary took up the matter with the appropriate authorities and the solicitor for the Dublin Co. Council replied to the Secretary's enquiry as follows :

January 1967

Dear Mr. Plunkett, Further to my letter of 22nd ultimo, on the same date I wrote to the Secretary of the Dublin County Council advising him of the complaint which had been made to the Council of the Incor porated Law Society and re minding him that over the years I had impressed upon him the desira bility of overcoming the statutory difficulties which tend to delay the sealing of deeds and documents by the Council. The Statutes require that the seal be affixed in the presence of three persons. Two are wholetime officials and no diffi culty arises in their regard but the third is an elected member of the Council and such member is not always available. Moreover, there are an immense number of documents to be sealed and this too makes for delay. Nevertheless, I requested the Secretary of the Counly Council to empower me to give the Council of the Incorporated Law Society an assurance that members of the Society would be given no further cause for complaint. I have today received a letter from the Secre tary referring to my communication and stating "arrangements have been made for the expedi- tipus sealing of documents as requested". 4. I may say that I personally have always appre ciated the importance of this matter to practi tioners and will at all times do everything in my power to expedite their business in this connection. Yours sincerely, MATTHEW PURCELL. County Solicitor.

IRISH STATUTES 1966 1. Electoral (Amendment) Act, 1966

[18 January 1966] [18 January 1966] [8 February 1966] [16 February 1966]

2. Health and Mental Treatment (Amendment) Act, 1966

3. Tourist Traffic Act, 1966 4. Air Companies Act, 1966 5. Coinage (Amendment) Act, 1966

[28 February 1966]

6. Diseases of Animals Act, 1966

[1 March 1966] 7. Broadcasting Authority (Amendment) Act, 1966 [8 March 1966] 8. National Bank Transfer Act, 1966 [9 March 1966] 9. Patents (Amendment) Act, 1966 . [15 March 1966] 10. Houses of the Oireachtas (Laying of Documents) Act, 1966 [15 March 1966] 11. Restrictive Trade Practices (Intoxicating Liquor and Non-Alcoholic Beverages) (Confirmation of Order) Act, 1966 [31 May 1966] 12. Industrial Grants (Amendment) Act, 1966 [1 June 1966] 13. Electricity Supply (Special Provisions) Act, 1966 [30 June 1966]