The Gazette 1971

EDITORIAL State Immunity A myth which has been persistently held since 1922 has at long last been exploded. On the basis that the feudal theory that "The King can do no wrong" had been carried over by the Irish Constitution of 1922, and was henceforth available to the State, attempts have been made to uphold the doctrine that the State is immune from process unless there is legislation to the contrary. The Supreme Court, through the learned judgments of Mr. Justice Walsh and of Mr. Justice Budd, in Byrne v Ireland, has shown the absurdity of this contention. The royal prerogatives pertained esesntially to the royal dignity and were thus personal attributes of the King. The Free State Constitution, as well as our present Constitution, has declared that all legislative, executive and judicial power in Ireland was derived from the People of Ireland, and there was con- sequently no basis for a claim that the State can do The Council after discussions with the Accident Claim Association have agreed to amend the recommendations made in the Gazette of September/October 1970 as to the minimum proper fees which should be accepted from insurance companies in road accident cases. The following statement is substituted for that appearing in the Gazette of September/October 1970. (1) In the opinion of the Society £10.50 is the mini- mum proper fee which should be accepted by a member of the Society for either : (a) attending at a coroner's inquest, or (b) attending a Court of summary jurisdiction to defend any proceedings under Sections 52 or 53 of the Road Traffic Act, 1961, as amended by Sections 50 and 51 of the Road Traffic Act, 1968, (c) attending to observe such proceedings provided that where proceedings are conducted in a town other than the town where the solicitor has his principal office there should be reasonable addi- tion for time and travelling expenses. Proper report of the results of the proceedings should be prepared by the solicitor. (2) Proper report of the proceedings means a report gives names of the witnesses and a summary of the evidence given by each and an appreciation of the effect

no wrong, or that the State cannot be made vicariously liable for the wrong committed by its servants. The Constitution had conferred some personal rights on the citizens of the State and had provided a right of recourse to the Superior Courts to enforce them. This right of recourse naturally includes any justiciable controversy between a citizen and the State. If. the People are paramount, it is obvious that the State can- not be sovereign internally; this is further evidenced by the many restrictions imposed upon the State by the Constitution. For instance the well known guarantee to protect from unjust attack and vindicate the life, per- son and good name of the citizen is a guarantee in- compatible with sovereignty. This historic decision of the Supreme Court presents another landmark in Irish legal history.

Professional fees for Proceedings arising out of Road Accidents

of the evidence on the question of civil liability for damages. (3) The minimum fee does not apply in cases of exceptional difficulty or responsibility. Reasonable addi- tional fees should be paid in such cases. (4) Members of the Society ought not to accept instructions or furnish reports except on payment of the adequate fees appropriate to the circumstances in accor- dance with paragraph one. The under mentioned companies are agreeable to paying the fee of £10.50. Norwich Union Insurance Society Limited oyal Group Phoenix Insurance Company Sun Alliance & London Insurance Group General Accidents—Fire & Life Insurance Corporation Guardian Royal Exchange Assurance Group Shield Insurance Company Limited National Employers' Mutual Insurance Group Irish National Insurance Company Limited F.B.D. Insurance Company Limited Insurance Corporation of Ireland Limited The P.M.P.A. Insurance Company Limited

JG.F.

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