The Gazette 1982

april 1982

g a z e t t e

office, and I understood it to be the decision of the Association of County Registrars. Yours sincerely, F. Briain O'Gadhra, Limerick County Registrar, Courthouse, Limerick.

BOOK REVIEW

Salmond and Heuston on the Law of Torts, 18th Edition (1981), Sweet & Maxwell Ltd. £ 15.50 (Sterling) McMahon and Blnchy, Irish Law of Torts, 1st Edition (1981), Professional Books Ltd. IR£34.00 For legal practitioners (solicitors and barristers) and law students alike, 1981 should be remembered as the year when the first comprehensive book on the Irish Law of Torts was published and when Salmond on the Law of Torts became, in its 18th edition, 'Salmond and Heuston' on the Law of Torts. For many years, it was a matter for some reflected pride for all of us in Ireland that a book (I almost say "institution") as famous as Salmond was being edited, updated and, in effect over time, almost totally re-written by Professor Robert Heuston of Trinity College, Dublin. Salmond is, like Cheshire and Fifoot (Contract), Megarry (Real Property) and Snell (Equity), "part-of-what-we- are" as lawyers. It is only fitting that Professor Heuston is now joined in the title of the book; I think"Salmond and Heuston" has a nice ring to it and will, undoubtedly, give Heuston the posterity he richly deserves. Dr. Bryan McMahon (Solicitor and Professor of Law at University College, Cork) and Mr. William Binchy (Barrister-at-Law and Research Counsellor in the Law Reform Commission) with their new book on the Irish Law of Torts, have filled a void which Salmond could not reasonably have been expected to fill, namely the exhaustive citing of all Irish cases on the subject, both reported and unreported. The principal effect of this mammoth task will very soon be felt, as is highlighted by Mr. Justice Brian Walsh in the Foreword to the book — as advocates and judges place greater reliance on the now more readily available body of Irish decisions in tort cases. The Bar Library, with its own unique personal-recall "precedent bank" — a necessary but fallible substitute in the past for an effective case-reporting system, will now have something concrete to rely on in this area of the law, which Mr. Justice Walsh describes as "one of the main supports of the Irish Bar". The synthesis of Salmond and Heuston with McMahon and Binhy produces a complete up-to-date presentation of this most important subject — suitable both for the 'bread- and-butter' practising lawyer and the academic student. Particularly interesting and helpful for the student is the different format of both books, but with each covering all the traditional topics. McMahon and Binchy present their treatment of the subject in five main parts, Introduction, Parties, Injuries to the Person (physical and non- physical), Injuries to property (real property and chattels), and, General Matters. This gives rise, for example, to occupiers' liability being dealt with as a chapter in Part III on Injuries to the Person (sub-category, physical), whereas liability for animals is in a much later chapter in Part IV on Injuries to Property (sub-category, Real Property). In contrast, Salmond and Heuston set out the 93

Comment. . .. (Continued from P. 75)

Historically, it must be suspected that the strength of the doctrine in Britain and Ireland during the 19th Century and the greater part of the present century derives from the fact that, in their different ways, both countries were emigrant countries. In the case of Ireland, people left involuntarily, seeking a decent living abroad with the hope of returning to Ireland with their fortunes made, while in the U.K. many left to serve, either in a military or civilian capacity, in outposts of the far flung empire, confidently expecting to return to Britain at the end of their tours of duty. The attraction of the Doctrine of Domicile as a link with the home country for such persons was clearly great, but the changes which have taken place in the world during the past 40 years have much reduced the desirability for maintaining the Doctrine. •

Practice Note

Land Registry Ground Rents Purchase Scheme — Expiry of Procedure

The attention of practitioners is drawn to the fact that, unless a statutory extension is granted, the procedure pro- vided under Part III of the Landlord & Tenant (Ground Rents)(No. 2) Act of 197 8 forthe vestingofthe fee simple in dwellinghouses through the Land Registry will expire on the 31st July 1983. Section 18 of the Act provides that the procedure shall have effect only in relation to applications made under it dur- ing the period of 5 years beginning on the 1 st August 1978. Practitioners should ensure, in any case where clients who would be entitled to avail ofthe procedure have discus- sed the possible purchase of the fee simple with their solicitors, that such clients are advised of the expiry date. C