The Gazette 1979

SEPTEMBER 1979

GAZETTE

Dublin Solicitors Bar Association Notes

26. Mr. Justice Finlay, (1977) 71 IncorporatedLaw Society ofIreland Gazette 176. 27. Id. 28. Vide S.22(l) and (2) of the 1976 Act. 29. in the context of divorce, a wide variety of different types of conduct, apart from physical violence, has been held to constitute cruelty. These include abuse, threats, nagging, uncontrollable fits of drunkeness and wilful communication of venereal disease. See A. Shatter, supra, 119, 120. 30. "Violence is a form of molestation, but molestation may take place without the threat or use of violence and still be serious and inimical to mental and physical health" per Viscount Dilhorne in Davis v. Johnson [1978] 1 AH E.R. 1132, 1144f. 31. Vide Vaughan v. Vaughan [1973] 3 All E.R. 449. 32. Section 18(2) and (3) of the 1978 Act. 33. The English superior courts of course are governed by the 1976 Act. 34. M.D.A. Freeman, "Violence in the home - More New Legislation" (1978) 128 N.L.J. 924, 925.

Recent Retirements The Association marked recently the retirement of two notable figures in Dublin legal circles. Indeed, in one case, the person concerned can truthfully be said to have contributed to the Solicitors' profession at a national level! Mr. Willie O'Reilly retired from his position with the Incorporated Law Society or Ireland, after a career of over 30 years, during which he became a one-man institution in his own right, a friend and helper to the entire profession. Willie O'Reilly's reitrenemt has already been noted in the Gazette, but the Association was concerned to show the appreciation of Dublin Solicitors of the many serives which he rendered to them over the years and marked the event with a small presentation, made on the 6th June 1979. The other eminent figure to receive a modest memento from the Association is a man whose help will be missed particularly by Dublin Practitioners. Mr. Matthew O'Gradha retired recently from the position of Chief Clerk of the Dublin District Court. Several over-lapping generations of Dublin Solicitors will miss his friendly advice, which has helped many a young Solicitor — and many not-so-young Solicitors — solve their various problems connected with the practice and procedure of the District Court. The Association extends the best wishes of all its members to Mr. and Mrs. O'Reilly and to Mr. and Mrs. O'Ghrada. Mrs. O'Reilly, of course, remains a familiar figure in Blackhall Place, where she continues to dispense hospitality to members with all her noted kindness and efficiency. CONVEYANCING NOTES Adjudication of Stamp Duty on old Building leases The Society made representations to the Revenue Commissioners about the difficulties which practitioners faced when they were asked to adjudicate the stamp duty on old building leases. The Revenue Commissioners indicated that it was not possible for them to grant what would amount, in effect, to an amnesty in these cases. Practitioners will have noticed however, that the Revenue Commissioners do not now appear to raise any queries upon applications to adjudicate building leases dated prior to the 5 April 1963. Full documentation continues to be sought in respect of any leases dated after that date.

Legal aid in Northern Ireland New proposals for civil legal aid in Northern Ireland will bring it into line with the recent Legal Aid Act which applies in Great Britain. An Order in Council follows the substantial increases in the financial limits for legal aid, advice and assistance which came into operation in Northern Ireland earlier this year. Legal Aid is now available free to those with a disposable income of under £1,500 a year. Those with a disposable income between £ 1,500 and 3,600 a year pay a contribution on a sliding scale. Under the proposed Order this contribution would be reduced. The Order would also mean that where a person is getting assisted legal advice from a solicitor, the solicitor may also represent him in court, without a separate application for legal aid being made. The Order would also enable the Northern Ireland Office, when economic circumstances permit, to provide legal representation before tribunals and statutory inquiries for eligible persons. The aim is to maintain parity between the legal aid schemes in Northern Ireland and Great Britain and these measures will do that according to Minister of State Michael Alison. "The proposed Order will not only improve the legal aid scheme and make it more readily available, but should enable us to simplify the assessment procedures, reduce delays and make some saving in administrative costs", he added. Copies of the Proposal can be obtained from HMSO Chichester Street, Belfast.

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