The Gazette 1978

GAZETTE

SEPTEMBER 1978,

of time, the bulk of relevant litigation having taken place in little over a decade. I have discussed the cases which were overruled by the House of Lords in 1977 as there is no judicial precedent in this country on the subject and it is an open book as to whether our Courts will follow the earlier U.K. authorities such as Samuel Properties (Development) Limited v. Hayek or whether they will follow the reasoning of the most recent authorities. It is submitted that if our Courts are to take account of English Case Law at all it would seem logical that most weight be attached to the House of Lords decision which was virtually unanimous as regards the reasoning described therein and it would in the writers opinion appear to be the most equitable conclusion to come to as the failure by a Landlord to exercise a review provision within the time stipulated in general will cause prejudice £3,500 PAY OUT At the Annual Blackhall Place Bonds Draw held at the Annual General Meeting on 17th November six winning bonds were drawn entitling the lucky holders to share £3,500. There were two winning units of £1,000 each, two of £500 each and two of £250 each. The winners and numbers of the successful bonds were: Prize No. 1: Mr. John Casey, Greenlawn, Ennis, Co. Clare. — Bond No. 1024 — £1,000. Mr. Jasper R. H. Swanton, 39 South Mall, Cork. — Bond No 1455. — £1,000 Prize No. 2: Mr. Frederick Jackson, Rockville House, Glenamuck Road, Kilternan, Co. Dublin. — Bond No. 1185. — £500. Mr. Hugh J. O'Donnell, 71 Wellington Road, Ballsbridge, Dublin 4. — Bond No. 1060. — £500. Prize No. 3: Mr. Matthew Drum, 20 Upper Merrion Street, Dublin 2. — Bond No. 1239. — £250. Mr. John Bolger, Bank Place, Portlaoise, Co. Laois. — Bond No. 1469. — £250. The Bond Funds now total £58,000 and bonds may still be purchased at £100 each from the Society. Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1978 These regulations which come into effect on 1 January, 1979, provide that solicitors who have agreed to participate in the Criminal Legal Aid Scheme shall be free to specify the Court or Court venues in which they are willing to take legal aid cases and that, where, in relation to a Court venue, there is no solicitor on the Legal Aid panel, the Court may request any solicitor who is not on the panel to accept a legal aid assignment.

to no one but himself. Should it be otherwise the House of Lords has left room for this consideration in the event of any undue detriment being caused to a Tenant. What the future holds therefore so far as Irish practioners are concerned is uncertain and until we have a decision from our own Superior Courts forgetful Landlords can look forward to a future, all be it not too distant it is hoped, of nervous disorders and indigestion. The only concrete advice that can be offered to put the position at present beyond doubt is to expressly provide in the Lease whether time is or is not to be of the essence. A simple phrase like this would have precluded the necessity of any of the litigation referred to and further would have saved the writers brain considerable strain in attempting to digest the reports thereon.

IN BONDS DRAW

Mrs. Moya Quinlan announces the results of the Bonds Draw at the A.G.M. looking on, from left, are Walter Beatty, The Director General James J. Ivers, Joseph L. Dundon and Gerald Hickey.

FIRST LAW EXAMINATION OLD REGULATIONS August 1979

The College of Commerce, Rathmines, Dublin 6 are running a semi-eveming course in the subjects, Contracts, Torts and Property for the First Law Examination to be held in August 1979. The Course will run from early January to early June 1979. Students who have not obtained a place in Unitersity Law Lectures are invited to apply. All applications must be directed to the College of Commerce, Rathmines Road, Dublin 6. Registration will take place in the week ending 21st December 1978.

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