The Gazette 1975

principles should not be lightly set aside, and that the Constitution and Statutes which had been enacted for the benefit of the public should, if possible, be made to work, even if there were theoretical flaws in them, was an intimation that a specific verdict had been prema- turely reached. No doubt for counsel wrongly to deduce such an indication during the opening of an appeal or other law suit is a douche of cold water almost para- lysing in effect. But this conviction, known to have been held by Mr. Justice Lavery, is shared by many other judges and lawyers, not all of whom are extremely conservative in their attitudes; and obviously, it is an aspect which must be seriously reckoned with before embarking on the conduct of litigation. Moreover, the reports of cases in which he was largely responsible for the decisions, show that where there were valid grounds, he was ready to overrule old Court Judgments and legal provisions which were contrary to the good of the community. This Judge will live long in the memory of those who knew him or saw him at work as one of the ablest Counsel of his generation, and a very capable Judge of the Irish Supreme Court.

of Chief Justice Kennedy or of Mr. Justice Gavan Duffy. The learned Judge recognised that in Ireland on account of the long history of the use of physical force against what were considered to be anti-national laws,, it was essential for the well being of the body politic that every effort should be made to cultivate respect for the rule of law. He therefore took care to ensure as far as he could that the scales of justice were evenly held between the duties and rights of citizens. All his judgments display a meticulous balancing of pros and cons in their elucidation of fine shades of meaning; an obvious anxiety that right should be done; and a dis- pleasure with mere technicalities which might defeat justice. In view of his vast experience, surprisingly occasional complaints were made that, as a Judge, he was inclined to be impatient and to arrive at conclusions without having heard all the desiderata. If there was any justi- fication for these allegations, it was possibly due to the mistaken impression that a casual observation thrown out by him in the early stages of hearing of a Court action that, to his way of thinking, well settled legal International Bar Associatian: (continued from p. 283) International Business Lawyer , the Journal of the Sec- tion on Business Law. The Directory of IBA members, first published in 1973, is being brought up to date with many amend- ments and will be published in the Spring of 1975, and the Directory of the Section on Business Law will also

Progress Report 7

be republished later in 1975. The Section on Business Law has also published a booklet on the Regulation of Trading by Insiders in the U.S.A., England and Germany. December 1974

Study Visits A broad by Lawyers from Member States of the Council of Europe

Applications for study visits abroad to be forwarded to the Secretariat of the Council of Europe should be made to the Department of Justice, in principle before the 31st October each year, but later applications will be entertained. They can cover any aspect of law dealt with by the Council of Europe. The applications are open to academic lawyers, civil servants attached to the Department of Justice, judges, and practising barristers and solicitors. The Secretariat will transmit its com- ments on the applications to the Department of Justice, who have to approve the selected candidates. The

length of the visit to legal institutions on the Continent will be at least one month. If the candidates are em- ployed in Ireland, full facilities should be granted to them by their employers. In principle, the State, where the study is being carried out, will not bear any travel costs or subsistence allowances, but applications for financial assistance may be made to the Council of Europe; this will normally cover travelling expenses by air, and a nominal subsistence allowance. Every appli- cant must send a report of his visit to the Secretariat in Strasbourg, as well as to the Irish Department of Justice

Federal Economic Chamber of Vienna The Federal Economic Chamber of Vienna has pub- lished the Rules of Arbitration and of Conciliation of its Arbitration Centre in English, French and German.

These are obtainable from the Secretariat of the Economic Chamber, Stubenring 12, 1010 WIEN, Austria. . 2 8 9