The Gazette 1972

CIRCUIT COURT RULES (No. 2) 1972 S.I. No. 189/1972

If the demand exceeds £250 but does no; exceed £500 ... 4.50 Together with such . . . . , , ncnn. i outlay limited to If the demand exceeds £500 but s d a n d does not exceed £1,000 £6 00 { J S a s If the demand exceeds £1,000 b u t m a y ^ a p p r o p r j a t e does not exceed £1,500 £7.00 If the demand exceeds £1,500 £8.00 J to proceedings in the Circuit Court. If there are more defendants than one, the above amounts may be increased by the sum of £0.35 for each add tional defendant served. Rule 2 Rule 5 of Order 58 of the Rules of the Circuit Court, 1950 (S.I. No. 179 of 1950), is hereby revoked and the following Rule is substituted therefor (5) The award of costs in any case shall include witnesses expenses unless disallowed in whole or in part by the Judge. Such expenses shall be measured by the Judge or where the Judge so directs by the County Registrar, subject to an appeal to the Court. In this rule the word "expenses" shall in the case of an expert witness include his reasonable charges in respect of all necessary matters preliminary to the hearing. A Guide to European Community Law by P. S. R. F. Mathysen; London, Sweet and Maxwell, 1972; 8vo, pp. xxiv, 204; paperback; £1.50. This is a really useful yet comprehensive guide to Euro- pean Community Law, and the author is not only a director with the European Commission, who knows the practical workings of the Community, but is also a Professor of Law in the University of Nigmegen. Prof. Mitchell in his preface has rightly stressed that the need for the uniform and direct application of Community law springs directly from the economic purposes of the Community. The learned author first deals with Com- munity law, its precedence over national law but not over international law, then the background to the Treaties establishing the Coal and Steel Community, and the European Atomic Energy Community, and finally the European Economic Community itself, whose objective is at least theoretically stated as "an even closer union among European people to be achieved by a harmonious development of economic activities". The various activities of E.E.C. (agricultural, industrial, monetary, etc.) are then submitted to a useful analysis. The powers of the European Parliament, the Council of Ministers, the European Commissioners and of the Court of Justice are then fully explored, and there is a short chapter on the fiscal provisions. Professor Mathy- sen has succeeded within the compass of 200 pages in explaining clearly to us the leading features—theoretical and practical—of Community law. A most useful book. - 240

These Rules, which may b : cited as the Circuit Court Rules (No. 2) 1972 shall ccme into operation on the 1st day of September 1972. Rule 1 Rule 3 of the Circuit Court Rules, 1971 (S.I. No. 41 of 1971), is hereby revoked and the following Rule is substituted therefor : (7) Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or for substitution of notice for service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be as follows : If the demand does not exceed £10 £0.75 BOOK REVIEWS The Year Book of World Affairs 1971 volume : 8vo, pp. xvi, 343, £5.00 1972 volume : 8vo, pp. vi, 380, £5.25 London Institute of World Affairs and Stevens. Unlike the companion volume, Current Legal Problems, this Yearbook does not deal specifically with legal prob- lems, but is very comprehensive and universal in its appeal. The 1971 volume contains philosophical or scientific treatises on "International Assistance in Psy- chological Perspective" or on "Space Business". The only contributions that might be said to contain a legal element appear to be that of Professor Schwarzen- berger's "Equality and Discrimination in International Economic Law". The 1972 volume is more interesting from a legal point of view, as it contains another inter- esting contribution from Professor Schwarzenberger— "Equity in International Law" in which he emphasises how equitable principles such as good faith and the principle of sovereign equality have been applied inter- nationally. There is also a contribution by Mr. Dick- stein on the topical problem of "International Law and the Environment". The questions of "Immunity of Officials associated with permanent United Nations Establishment" and of "Eastern Ruropean approaches to public International Law" are also fully explored. There are also interesting articles on "French Foreign Policy" and on the "Washington Monetary Agreement". It will be seen that many international problems have been treated from various points of view. If the demand exceeds £10 but does not exceed £25 ... £1.50 If the demand exceeds £25 but does not exceed £50 ... £2.15 If the demand exceeds £50 but does not exceed £250 ... £3.40 Together with such outlay limited to stamp duty and "service fees as may be appropriate to proceedings in the District Court.