The Gazette 1982

GAZETTE

APRIL 1982

In another case he upheld the notion of justice for an official of local government when he declared that the law built up over decades could be unfair, as it was, in his view, "a tortuous labyrinth of an unexplored code." (Devaney v. Dublin Board of Assistance. 83 I.L.T.R. p.113) On the need for recognition of natural law, the late Mr. Justice Cecil Lavery, when a member of the Supreme Court, countered an argument by counsel urging the retention of a medieval law by citing the philosopher Edmund Burke's epigram. - there is one law we must all obey, the law of change; it is the most important law of our nature and the means, perhaps, of its conservation. The jurisprudence of British Courts, particularly of the House of Lords, still finds favour with Irish judges, though this operates more in the realm of Criminal Law. On the issue of change of law, Lord Evershed made the following commendable pronouncement: One of the characteristics of our law is that its principles are never finally determined but are capable of extension and development as changing circumstances require, the material subject matter being "tested" and "re-tested" in the law's laboratories, namely The Courts of Justice. (Rooke v. Barnard [ 1964]Appeal Cases p. 1185)

Changes in the legal system to make our criminal law more effective in curbing the growing crime rate are long overdue. Ga rda Commissioner Patrick MacLaughlin exposed the defects in the system in a paper read to members of the Law Society in 1979 (See Volume 73 of Gazette, pages 111 to 114). He reiterated his criticisms and spelled out the reforms needed in a paper read to the Law Students' Debating Society, reported in the National Press on 21 January 1982. The Rt. Hon. Lord Denning, Master of The Rolls, in the Preface to his recently published book, The Discipline of Law, expressed, in the clearest of terms, his own thoughts on the subject:

"my theme is that the principles of law laid down by the Judges in the 19th century - however suited to social conditions of that time - are not suited to the social necessities and social opinion of the 20th Century.

Lawyers in our State might emulate the distinguished author by showing a reluctance to adhere too closely to the maxim nolemus mutare! in the hope that not only shall justice be done, but be seen to be done, this living up to the aspirations of the motto of the Law Society - Veritas Vincet. •

Incorporated Law Society of Ireland IMPORTANT NOTICE Practising Certificates will not be issued in 1982 or future years unless the Solicitors' Accountants' Certificate is in order, i.e., a clear Certiticate has been lodged within 6 months of the solicitors' accounting date. Where, on application for a Practising Certificate, an Accounting Certificate is not in order, the Solicitor will be notified in writing that the Practising Certificate cannot issue until the Accountants' Certificate is lodged and that should be done within one month. He will be informed that pending receipt of the Accountants' Certificate his remittance is being held in suspense account and that in the meantime, it is an offence to practice without a Practising Certificate. After a lapse of one month, the solicitor will be informed that unless the Accountants' Certificate is received within a further month, disciplinary proceedings will be commenced without further notice and that, at the same time, the Bar Association and County Registrar will be notified that the solicitor is practising without a current Practising Certificate. The situation regarding outstanding Accountants Certificates is reviewed at each Council meeting. JAMES J. IVERS, Director General

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