The Gazette 1971

PRESIDENTS' MESSAGE I am very glad to welcome this new volume of the Gazette with its pristine new cover, which I feel sure will receive general approval. Law is ever becoming a more complex subject. The Gazette is to be commended in so far as it tries to foster ideas based on jurisprudence and also encourages members and other lawyers to express them, while at the same time giving full expres- sion to more practical legal problems. The Gazette in its new format deserves to be carefully read by all, because it tries to present the driest legal problems in an interesting and readable way. Long may it flourish! BRENDAN A . MC G R A T H, President. PROCEEDINGS OF THE COUNCIL March 25th: The President in the chair, also present Messrs William Brendan Allen, Walter Beatty, Bruce St. John Blake, John Carrigan, Anthony Eugene Collins, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Thomas Jackson Jnr., Timothy K. Keai. Francis J. Lanigan, Eunan McCarron, Patrick J. McEllin, Patrick McEntee, John Maher, Gerald J. Moloney, Patrick C. Moore, Desmond Moran, Senator John J. Nash, George A. Nolan, Roderick J. O'Connor, Thomas Valentine O'Connor, Patrick F. O'Donnell, James W. O'Donovan, John A. O'Meara, William A. Osborne, David R. Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert McD. Taylor, Ralph J. Walker. The following was among the business transacted. Legal Remuneration The Minister for Justice received a further deputation from the Society consisting of the President with Mr. James W. O'Donovan, Vice-President, Senator Nash and Messrs Green, Noonan and the Secretary. The President made a verbal report of the meeting with the Minister. The deputation had strongly pressed for the establishment of a single costs committee headed by a judge with representatives from the profession and the public interest and including chartered accountants. The Minister stated that he would consider the Society's representations. Legal Education A deputation from the Society was received by the Minister for Justice. The subject matter was the memor- andum submitted by the Society in June 1969 asking for legislation which would empower the Society to prescribe the system of legal education subject to judi- cial control and making proposals inter alis for a joint svstem of legal education with the Bar, a compulsory university degree and a short term of paid apprentice- ship after a period at the Society's Law School. The Minister had suggested that the Societv should seek an interview with the benchers of the Hon. Societv of King's Inns. It was decided this should be done. Legal Publications It was reported that projects are under way for a text- book on Irish Land Law to be written bv Mr. f. W. Wvlie, Queen's University, Belfast, and a work on the Law of Evidence in Ireland by Mr. Cole, Trinitv Col- lege. Dublin. Further projects are under consideration. ACTION ON FOOT OF WAGERS AND BETS In the case of R. v Weisz and Another ex parte Hector McDonald Limited (1951 2 AER 408) an application o

for attachment for contempt of court was brought against a plaintiff in an action on foot of a gaming debt and his solicitor. The action was brought by Hector McDonald Ltd. a firm of bookmakers and the endorse- ment on the writ which was settled by counsel was in the following terms. The plaintiff's claim was for the sum of £373-13-4 being the balance found to be due from the defendant to the plaintiff on accounts stated between them in writing and contained in a letter dated 26/9/1950. In fact there never had been an account stated between the parties. The court held that an action to recover money which was prohibited by statute was in abuse of the process of the court and although it was not necessarily a contempt of court to bring sucli an action, to attempt to deceive the court by disguising the true nature of the claim and putting forward a feigned issue was contempt. In the course of his judgment Lord Goddard, G.J., said : "The gravamen of the case against Mr. Martin is that the endorsement on the writ was wholly fictitious and was designed to conceal from the court the true nature of Mr. Weisz's claim. . . . To attempt to deceive the court by disguising the true nature of the claim is a contempt. Where an action is brought on a contract which is ex facie illegal the court will decline to enforce the contract whether illegalitv is pleaded or not. It is the duty of the court when asked to give a judgment which is contrary to a statute to take the point although the litigants may not take it. The very fact that on many previous occasions resort has been had to this particular form of endorsement in cases which are simply brought for the recovery of money won at betting or gaming is what gives importance to this present motion. It is time that this practice should be stopped and in no uncertain manner. The mischief is obvious. Parliament has ordered that the courts are not to be used for this purpose. Many people may be deterred from defending such actions if brought for fear of publicity. If the writ were truthfully endorsed for money won at betting it would be wholly improper to allow a default judgment to be entered. TTie duty of the Central Office would be to bring the matter before the Practice Master and he in his turn ought not and I am sure would not allow a judgment to be signed which would in effect be contrary to the provisions of the statute. If a writ is endorsed for a fictitious but apparently legal cause of action a default judgment could be signed as of course and accordingly and in our opinion this leads to the interference with or distortion of the course of justice." The Council considered this judgment and in the Society's Gazette, February 1958, the following state- ment was published. Gaming and Lotteries Act, 1956 Members asked the opinion of the Council as to the propriety of accepting instructions for the recovery of gaming debts since the passing of the Act. Section 26 (2) of the Act states that "no action shall lie for the recoverv of any money or thing which is alleged to be won or to have been paid upon a wager which has been deposited to or by the event on which a wafer is made". In a recent English case, R. v Weisz 1951 2 AER 408. Lord Goddard criticised counsel and solicitor who acted in the case for the recovery of a gaming debt in which the cause of action was described as an account stated and settled. It is understood that since the report of this case members of the Bar have been unwilling to sign pleadings. The matter was referred to a committee for a report. Having considered the com- mittee's report the Council decided to advise members