The Gazette 1975

Notes and Comments

THE LAW REFORM COMMISSION It is not surprising that, after the dedication with which Mr. Justice Brian Walsh had conducted as Chairman the Committee of Court Practice and Pro- cedure, and had assisted in producing almost twenty reports on various projects of law reform i n those subjects, the learned Judge should have been appointed full-time Chairman of the new Law Reform Com- mission which officially came into force on 20th Octo- ber. The President of the Circuit Court, Mr. Justice Charles Conroy, has surprisingly been appointed a full-time member to this Commission, presumably as an expert in Landlord and Tenant Law which requires widespread changes; he has never endeared himself to the profession as a result of his brusque manners. Pro- fessor Heuston,, the Dean of the Faculty of Law of Trinity College, gained a place on the Commission, presumably as an expert writer on English Constitut- ional Law, and as the Editor of Salmond on Torts. It is more difficult for us to appreciate the academic legal standing of our colleagues, Martin Marren, but pre- sumably his practical experience will be of immense benefit. The inclusion of a non-lawyer, Miss Burke, of the Social Science Department in University College, Dublin, will be controversial, particularly as there were some well-qualified women academic lawyers available. However to give the Attorney-General his due, Mr. Costello had been strongly pressed to make such an appointment in the Seanad Debate on the Bill. Judg- ment about the work achieved by the Commission will be reserved for one year to see what progress will be made, but the English example of appointing full time academic lawyers to the Law Commission should have been adhered to. JUDICIAL CHANGES As a result of Mr. Justice Walsh assuming the Chairmanship of the Law Reform Commission, a vacancy arose in the Supreme Court, which has been filled by the promotion of Mr. Justice Kenny f r om the High Court. Mr. Justice Kenny is universally re- spected as a very eminent Chancery jurist who delves deeply into cases and produces learned and readable judgments. His place on the High Court Bench has been taken by Mr. James McMahon, S.C., who was well known as an excellent lawyer who prepared his cases with exceptional care, particularly those involving deep research, and was an authority cm the construct- ion of complicated contracts. As a result of the vacancy

created by the retirement of Mr. Justice Conroy, Judge John Durcan, former Judge of the Western Circuit, has been appointed President of the Circuit Court. This appointment will be universally welcomed, as Mr. Justice Durcan, as the former Senior Circuit Court Judge, is greatly esteemed for the courtesy and care with which he undertakes his cases. Judge David Sheehy has now been appointed as additional permanent Judge in the Dublin Circuit, while Judge Stephen Barrett has been assigned to the Western Circuit. Mr. Frank Martin, S.C. who is a n expert on in- surance law, has been appointed an additional tem- porary Circuit Judge; as a former colleague, his ap- pointment will also be popular with the profession. The appointment of Mr. Patrick Lindsay, S.C. as Master of the High Court is somewhat controversial; this position has been vacant for three years, ever since Master O'Leary retired, and Mr. Patrick Dunphy with his expert knowledge of Court practice and procedure has been successfully acting as Deputy Master ever since. Mr. Patrick J. Dunphy Mr. Patrick J. Dunphy, Solicitor, has retired as Deputy Master on Friday, 31st October. Mr. Dunphy has an unrivalled knowledge of High Court practice and procedure, having joined the Central Office as a young solicitor in 1938 after having been admitted in 1932. He was a Senior Court Clerk until 1946 wh en he was appointed Assistant Registrar of the High Court. He was subsequently appointed Registrar in 1950, and in 1958 was appointed under the Courts Acts as the Officer having superintendanee and con- trol of the offices attached to the High Court. Owing to his exceptionally competent knowledge of High Court and Supreme Court procedure he was appointed Deputy Master in January, 1972, upon the retirement of Mr. John O'Leary, S.C., Master of the High Court. Mr. Dunphy's exceptionally unrivalled, detailed and competent knowledge of High Court and Supreme Court procedure is a masterful asset which it is ex- pected he would be willing to place at the disposal of any Dublin firm which should be glad to avail of his services. The fact that, after his long service, Mr. Dunphy only received three weeks notice of terminat- ion is deplorable.

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