The Gazette 1967/71

fields. The use of this technical vocabulary is a danger, because the professions will not be able to persuade people of the value of their knowledge. It will therefore be necessary in the future to try to teach to students what they know, and how it affects other people's lives; unless we teach profes sional students how to speak and write plain language, we will find ourselves cut off from public understanding. Mr. Patrick Lynch, Professor of Applied Econo mics stressed that the professional classes re garded themselves as an elite, they insist that the foundation of professional life is a code of ethical behaviour. Even the public service adopts codes of conduct derived from the professions. Unfor tunately some professions have not adopted them selves to modern conditions and have kept old fashioned restrictive practices. The structure of society is changing so rapidly that many profes sions are unable to keep up with desirable changes; many professions with an inward looking view of their responsibility are poorly equipped to meet the needs of a changing society. Mr. John P. O'Donnell, Professor of Chemical Engineering in U.C.D. said that, although the intellectual professions stressed the quality of broadening the mind, nevertheless they are in volved in performing certain specialised tasks in society, and cannot consequently abandon speciali sation. Still, education for a profession must make it possible for its members to develop from being specialists to being general practitioners. Essential University courses for the professions involve three main aspects—vocational training, study of a sub ject in depth, and broadening of the mind. To achieve this, it was necessary to combine profes sional subjects with an integrating process which will ensure that the student will acquire an overall view of the profession and of its place in the com munity. There is need for wide flexibility, so that students can choose from a wide range of optional subjects. In a word professional education should be re-examined in relation to social and economic judgement. Mr. Brendan A. McGrath in summarising the discussion, said that attention to the information "fall-out" provided by the mass-media, and stres sed the necessity for professional education to provide a fundamental philosophy directed towards an understanding of the functions of society, as serving the dignity and freedom of the individual, thus enabling the end-purpose of each professional discipline to be seen in its correct perspective, and directed towards the proper end.

CURRENT LAW DIGEST SELECTED In reading this digest regard should be had to differ ences between Irish and English statute law. Arbitration The appointment of an arbitrator by claimants in a shipping dispute under a charterparty incorporating the Centrocon arbitration clause is not valid and effective unless within the stipulated "three months of final dis charge" (1) the selected arbitrator has been asked if he is willing to act in the dispute, (2) has expressed his willingness to act, and (3) the other party to the dispute has been notified of the name of the arbitrator. Ct. of Appeal 20/11/69 Tradax Export S.A. v. Volks- wagenwerk A.G. Companies The personal representative of a deceased shareholder was entitled to apply for the company's name to be restored to the register and for the company then to be wound up, even though the personal representative was not registered as a shareholder at the date of the winding up under section 353 of the Companies Act, 1948, the company having ceased to trade some time previously. Mr. Justice Buckley held on a petition by Mr. William Walter Heath, as attorney for Mr. Vasilij Inanovich Ivanov, of Voronezhshaya Oblast, U.S.S.R., the adminis trator of Dina Ivanovna Billik, deceased, who had held 300 of the company's 400 issued shares. Q.B.D. In Re Bayswater Trading Co. Ltd. Section 184 ofthe Companies Act, 1948, which provides that a company may by ordinary resolution remove a director before the expiration of his period of office, notwithstanding anything in its articles, does not prevent companies from attaching special voting rights to certain shares for certain occasions. Therefore a special article in the articles of association of a family company which provided that the shares of a director should carry three votes on a resolution at a general meeting for the re moval of a director was valid. Many small family com panies, Lord Donovan said, were conducted as though they were partnerships, and it was sometimes necessary to provide some safeguard against family quarrels having their repercussions in the boardroom. House of Lords 16/12/69 Bushell v. Faith. When a receiver and manager of a company makes payments out of its funds after the presentation of a petition to wind up the court will normally validate the payments under section 227 of the Companies Act, 1948, if the receiver has acted in good faith and the creditors have not been prejudiced. Ct. of Appeal 22 /10 / 69 Re Clifton Place Garage Ltd. Contract A letter to an employee from his employer informing him that his wage would be reduced by £1 a week from the following Monday was held to be a termination of his contract by the employer under section 3(1) (a) of the Redundancy Payments Act, 1965. The employee had protested but had cintinued to work for some weeks for the employer before applying for a redundancy payment. Ct. of Appeal 24/7/69 Marriott v. Oxford and District Co-Operative Society Ltd. 85