The Gazette 1982

g a z e t t e

a p r i l 1982

BOOK REVIEW

that the static character of adjectival law acquires a certain movement such as the Impressionists gave to the still-life art of France a century ago. There are ample footnotes relating to the leading cases on the subject. In addition the volume contains a table of cases and statutes while those rules which are ofparticular interest to students are treated in detail in an appendix to the text. •

Odgers' Principles of Pleading and Practice in Civil Actions in the High Court of Justice. Twenty-second Edition. London, Stevens & Sons, 1981 (lix, 565p.) Price £13.50 Sterling. The principal objects of pleading are to define the issues of fact and questions of law to be decided between the parties; to provide each of them with distinct notice of the case intended to be established by the other and to set out a brief summary of the case of each party. Thereby neither litigant is taken by surprise at the trial and a permanent record becomes available relating to the nature of the claim and defence, and the questions raised and issues decided, so as to prevent future litigation upon matters already determined. While pleadings are closely related to practice and procedure the art of the pleader is that of the essayist or concise reporter whereas the craft of procedure is that of diagnosis and treatment whereby the matters at issue are jolated and brought before the Court. The former permits of a certain degree of imagination and style whereas the latter is decidedly pragmatic. The present edition of this well-known legal volume is published ninety years after the first appearance of the book in 1981. It comes at a time of rapid and far-reaching changes in the law of civil procedure in England where the past few years have produced more innovation and reform than at any time since the Indicature Acts of the last century. Consequently the basic text has been extensively revised and much newmaterial has been incorporated by its editors D. B. Casson and I. H. Dennis. While Irish students and lawyers would be well advised to learn or apply these subjects from a suitable edition of Bullen & Leake's Precedents of Pleadings and from the Rules of the Superior Courts 1962, as amended, nevertheless this textbook is invaluable for those who are interested in the history ofcourt procedure and in discovering the reason why the rules of both leading and practice have evolved at common law over the ~enturies until they have reached the form in which we know them today. Rules of Court have never been regarded as ornaments of legal literature. The nature of their function is so basic that they may be looked upon as the foundations and walls of the legal edifice or as lines of communication that carry the system until the final execution of the judgement. It is, accordingly, all the more credit to the editors that they have produced a volume which is not merely readable and complete but to the student or lawyer, with some knowledge at least of the subject, the text has the charm of clarity in which the history and the principles are set out without confusion and in which the editors appear to be at your shoulder telling you what to do and what not to do as you ponder over a procedural problem in a case. Bearing in mind that certain statutory and historical differences do exist between the Rules of Court in England and Wales and those in Ireland nevertheless interested Irish readers willfindthis a delightful book in which the subject is treated with such humanity and understanding

GERARD A. LEE

Books received The following titles have been received:-

C.I.P.A. Guide to The Patents Act, 1977. (3 rd Cumulative supplement up to date to September, 1981) by Chartered Institute of Patent Agents. London. Sweet & Maxwell, 1982. Price: £10.75 Sterling. Companies Act, 1981. Current Law Statutes Reprints, London. Sweet & Maxwell, 1982. Price £7.75 Sterling.

ROYAL COLLEGE OF SURGEONS IN IRELAND

The Royal College of Surgeons in Ireland is a privately owned Institution founded in 1784. It has responsibility for post graduate education of surgeons, radiologists, anaesthetists, dentists and nurses. The College manages an International Medical School for the training of doctors, many of whom come from Third World countries where there is a great demand and need for doctors. Research in the College includes work on cancer, thrombosis, high blood pressure, heart and blood vessel disease, blindness, mental handicap, birth dcfects and many other human ailments. The College being an independent institution is financed largely through gifts and donations. Your donation, covenant or legacy, will help to keep the College in the forefront of medical research and medical education. The College is officially recog nised as a Charity by the Revenue Commis sioners. All contributions will be gratefully re ceived.

Enquiries to: The Registrar, Royal College of Surgeons in Ireland, St. Stephen's Green, Dublin 2.

69