The Gazette 1979

GA Z E T TE

APRIL

1979

of its nature to be an equivocal act. The matter was finally put beyond doubt in the case of Steadman v. Steadman [1974] 2 AER 977 where the majority of the Judges rejected the proposition, long believed, that a payment can never constitute an act because it is impossible to deduce from the payment the nature of the contract in respect of which the payment is made. The majority finding was to the effect that the surrounding circumstances excluding evidence of the oral contract itself could be examined and should be examined in determining whether a payment was an act of Part Performance. The arguments put forward in the Steadman Case were referred to in the Irish case of Philip M. Howlin v. Thomas F. Power (Dublin) Limited (unreported Case 1977 No. 736P) in which MacWilliam J. delivered Judgment on 5th May 1978 and, although on the facts, deciding against the Plaintiff, expressed his agreement with the reasoning of the majority of the Judges in the Steadman Case. (This case was at the time of Mr. Sutherlands lecture on appeal to the Supreme Court). Whilst one matter was clarified in relation to the Doctrine of Part Performance in the Steadman Case the Court was not in agreement on another. The question on which the Court was divided was as to whether the acts of Part Performance had to be such as to indicate the nature of the Contract and in particular to indicate that it was a Contract for Sale or other disposition of land or an interest in land. Successive Judgments clearly point to the fact that it is the duty of the Plaintiff to establish on the balance of probabilities and no more, that the acts were referable to a contract. While the matter is not free from doubt it would appear that the better view is that the act Deposit Receipts with Trustee Status at BANQUE NATIONALE DE PARIS (Ireland) LTD. Ill Grafton Street, Dublin 2 • • • • • • • • ! • • •a aaaa aaaa aaaa • • • • • • • • aa aaa aaaa aaa • • • • • • • • • • • • aaaaa aaaa aaa aaa BNP

relied upon as acts of Part Performance should not alone point to a contract but on the balance of probabilities should point to a contract relating to land. It is a matter of conjecture however as to which approach would be adopted by the Irish Courts. Mr. Sutherland has made a thorough examination of the Doctrine of Part Performance and his Paper is very deserving of careful study. SOCIETY OF YOUNG SOLICITORS TRANSCRIPT SERVICE The Spring Seminar 1979 Scripts are now available from 94 Grafton Street, Dublin 2. They are:— No. 113 Effecting proper and adequate Insurance Cover on Leasehold Property Interests. By Denis Bergin, £1.60 by post £1.80 (includes flat insurance problems). No. 114 Drafting Insurance and Rent Review Clauses in Leases (with precedents). By Anthony Dudley £2.75, by post £3.05. No. 115 Tax Implications with special reference to VAT arising on the creation of Leases. By Charles Dowling. (Essential reading when 10 year or longer Leases are involved). £1.20, by post £1.40. No. 116 Recent Case Law relating to Landlord and Tenant. By T. C. Smyth, S.C. £2.20, by post £2.45. Up to date lists available on request. EEC Rules on Legal Practice European Communities (Freedom to provide services) (Lawyers) Regulations 1979, S.I. No 58 of 1979. Regulations made by the Minister for Justice, Mr. Gerard Collins, T.D., giving effect to the EEC Directive of 22 March, 1977, to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78/17 26/3/77) enable lawyers from other EEC countries to provide services here as from 1 March. Similar facilities will be accorded to Irish lawyers in those countries in pursuance of the Directive. Under the Regulations, a visiting lawyer will be able to provide professional services in this country, with the exception of certain matters concerned with the administration of estates and title to land which are reserved to Irish lawyers. The visiting lawyer will be required to use the professional title which he uses in his home country and, when representing a client in legal proceedings, to work in conjunction with an Irish lawyer. The Regulations, and the Directive to which they give effect, arc concerned only with the provision of services i.e. activities of an occasional or temporary nature by persons whose permanent establishment remains in another Member State.

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