The Gazette 1967/71

torical account of that well-be-known doctrine in the law of contract, non est factum. The present system of suspended sentences under the English Criminal Justice Act, 1967, is fully considered by Mr. Saeed. Mr. Prentice writes about the case law arising from the drunken dirving provisions of the Road Safety Act, 1967, while Dr. Rideout contributes learnedly to the possible solutions to avert strikes. The question whether the English Merchant Shipping Bill, 1969, can be considered to be a "Seaman's Charter", is dealt with learn edly by Mr. Cadwallader, while Mr. Brown con siders the case of the North Sea Continental Shelf dealt with by the International Court of Justice, in 1969. Dr. Bin Cheng, contributes an illumin ating article on "Liability for Spacecraft", while Professor Schwarzenberger himself, in his own inimitable way, has given full thought to the problem of "Law, Order and Legitimation". Altogether a most interesting volume, well worth reading, but the publishers might consider a paperback edition at a much reduced price. C.G.D. W. Friedmann and J. F. Garner, Government Enterprise; a comparative study. 8vo; pp. xii + 351 (London, Stevens, 1970; £4-10-0). This is the fifth volume in the series "British Institute Studies in International and Compara tive Law", published by the learned editors under the auspices of the Institute. It consists of papers delivered at a Colloquium in Cambridge Univer sity in September 1968 under the direction of Dr. Friedmann and Professor Garner. In Part I, com prising 100 pages, the position of public corpora tions in the United Kingdom is fully considered; this is of particular interest to us, in view of the numerous public corporations in Ireland. The contributions of Professors Garner and Robson are outstanding, and such matters as investment control, external borrowing, prices and wages policy, and parliamentary accountability and judi cial as well as ministerial control are fully con sidered. The second part, comprising some seventy pages, deals with the continent of Europe in which public enterprises in France and Germany, and public corporations in Italy and Sweden are fully dealt with. Part three, comprising some 120 pages, deals with other countries, and considers public corporations in the United States, Canada, Aus tralia, Israel and East Africa. Part four contains a learned and most useful report on "A Compara tive Analysis of Government Enterprise" by Dr. Friedmann : an analysis is made of the different 114

loan, make life a good deal easier for the solicitors and valuers concerned than the British legislation which provides that it is the open market price that is to be effective. J.F.B. Ernest Cockle, Cases and Statutes on Evidence. Eleventh edition by G. D. Nokes; 8vo; pp. xxvii + 590 (London, Sweet & Maxwell, 1970; £3-10-0). Despite the claims originally made by Mr. Cockle in the first edition of this work in 1913, that it was the first attempt to present cases on evidence systematically, this reviewer has never been an advocate of this work, as he considered that to present long chunks from judgments in old cases as authoratative was misleading. Professor Nokes was faced with the problem of editing this work, and, in view of the clarity and precision of his own textbook on evidence which has under gone no less than four editions in seventeen years, it is unfortunate that he did not decide to write a completely new textbook on cases on evidence. It is satisfactory to note that no less than thirty- four modern cases decided since 1950 have been included in this edition, including Jones (1962), Davies (1954), Rumping (1962), Teper (1957), Bratty (1951), Selvey (1968), and Conway v Rim- mer (1968). It is unfortunate that amongst all the editors of Cockle, there appears to be an aura about the dicta of English judges which Irish and Commonwealth lawyers do not necessarily share. Professor Nokes would be well advised to take more heed of dicta of Irish and Commonwealth judges in future editions. Otherwise this edition with its up-to-date annotations is a great improve ment on its predecessors. G.G.D. Current Legal Problems, 1970. 8vo; pp. vii + 272 (London, Stevens, 1970; £4-18-0). This is the twenty-third annual volume of the well-known series, "Current Legal Problems", and under the distinguished editorship of Lord Lloyd and Professor Schwarzenberger, continues its unabated success with learned articles by members of the Faculty of Law of the University of London. The former Lord Chancellor, Lord Gardiner, has presented a forceful case against fusion of the legal professions in his article of "Two Lawyers or One?" Master Jacob, an expert on court pro cedure, has examined learnedly the inherent juris diction of the Supreme Court in its control over process, persons, and powers of inferior courts and tribunals. Mr. Baker has given an instructive his­

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