The Gazette 1980

GAZETTE

APRIL 1980

Most Practitioners will have found Irish Land Law (1975) of great assistance. I am informed that Mr. Wylie has been prevailed upon to up-date both Irish Land Law and Irish Conveyancing Law (as the need arises) by means of supplements. Accordingly the present edition of Irish Conveyancing Law will not be superceded and I understand that the first supplement thereto is presently being considered to take cognizance of (inter-alia) the abolition of Wealth Tax, the 1978 Landlord and Tenant Acts, the Landlord and Tenant Bill of 1979, The Law Society's new form of Requisitions, and recent decisions on Conveyancing matters such as those arising from the Family Home Protection Act 1976. In my opinion no Practitioner can afford to be without this volume of Irish Conveyancing Law and we are indeed extremely fortunate to be provided with a modern text and reference book (written in plain English) covering such an important segment for daily practices. Frank O'Flynn. The Irish legal profession, solicitors equally with barristers, should be aware of the latest edition (Third Edition, 1978) of Richard Bingham's "The Modern Cases of Negligence". One can perceive no more helpful way of focusing one's mind legally on a particular problem arising in this most common area of practice than to open Mr. Bingham's book and find, among the 2,873 cases, one or more which (to quote the author in the preface to the first edition in 1961) "provides(s) those who handle personal injuries claims at any stage with a quick and convenient method of reference to the current trend of decisions on any particular aspect which may arise . . .". The book contains a summary or category reference to all or virtually all the English reported decisions, as well as unreported Court of Appeal decisions of which transcripts are available in the Bar Library in London. Some 500 of the 2,873 cases in this edition are unreported. The growing volume of cases in this area of the law is seen from the increase in the number compared with the second edition (1964) which contained 1,995 cases and compared with the first edition (1961) which contained 1,646 cases, all of which cases are not earlier than the year 1936. Of course, the value to the Irish practitioner of references to unreported English Court of Appeal decisions (of which transcripts are only readily available in the London Bar Library) is limited, but there are enough well summarised reported cases in any particular category of the subject to recommend its practical useful- ness. The book is broken into three main parts: Part 1 deals with the more general areas, including duty of care, standard of care, proof of negligence and defences; Part 2 deals with particular classes, including liability under Donoghue v. Stevenson, dangerous things under Rylands v. Fletcher, animals, and liability of occupiers for dangerous premises; Review of "The Modern Cases on Negligence". By Richard Bingham. Third Edition, 1978. Sweet & Maxwell, London. Price £28.00.

Part 3 deals with consequential matters, including damages, pleading and practice, and costs. Each part is broken down into specific categories of cases. By way of example, under the main heading of "Standard of Care" is a sub-category, "Reasonable", with a summary at the beginning of that sub-category of nine summarised cases, such as "Reasonable man — neither over-apprehensive nor over-confident" — "Reasonable man — not a paragon of circumspection" — "Reasonable man — the average man in his good moments"! What would be of even more benefit to the Irish legal practitioner (solicitor and barrister) would be an Irish supplement to Bingham, particularly if it contained summaries of the many unreported decisions of the Supreme Court and the High Court on the topic of negligence. The preparation of such a supplement (with the approval of Mr. Bingham!) would be a very worth- while activity for a young practising barrister, not yet overworked, who wanted to ensure that no older colleague out-manoeuvred him by being able to call to mind, while on his feet in the course of legal argument, an unreported decision of years ago, of which everyone except himself and the judge had forgotten. In conclusion, an amusing reflection of a recent development in the law of negligence is contained in the preface to this third edition, when the author states: "Finally, I have to turn to the subject of Errata and Addenda. Previous editions seem to have been reasonably clear of these vices, but one can never be wholly sure on these matters, and accordingly, with the precepts of Hedley Byrne v. Heller in mind, it has to be said that the contents of this book are put forward without responsibility in law on the part of myself or the publishers and that neither I nor the publishers assume any duty of care (as distinct from a duty of honesty) in relation therewith." It does seem unlikely, from the painstaking way this edition (like the previous editions) has been prepared, that Mr. Bingham will have to rely on this exemption clause! Michael V. O'Mahony

INCORPORATED LAW SOCIETY OF IRELAND

PRESENTATION OF PARCHMENTS The next Presentation of Parchments will take place on Wednesday 25th June, at 4.00 p.m. at Blackhall Place, Dublin 7. The number receiving parchments will be limited to 75 persons each of whom may bring two guests. This limitation will not prevent apprentices who do not secure a place from entering on the Roll of Solicitors. Professor Richard Woulfe Director of Education

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