The Gazette 1985

INCORPORATED LAW SOCIETY OF IRELAND G A Z E T T E

Vol. No. 79 No. 10

DECEMBER 1985

Comment . . I T IS unfortunate that the Doctrine of Domicile should have become the subject of an exchange of Bills by Opposition and Government and to have entered the 'political' arena. It is more unfortunate that the Bills are seen as moves in the complex board games of "divorce" and "equality for women". Because of this there is a danger that the essential distinction between the two Bills will be lost. No doubt Fianna Fail was not unaware of the likelihood of an imminent Government Bill and might have introduced their bill as a 'pre-emptive' strike. This should not, however, detract from the quality of their measure which, in following the lead of the Law Reform Commission, is broader and braver than that of the Government. The Gazette has previously expressed approval of the conclusion and tentative recommendation of the Law Reform Commission's Working Paper No. 10, that the Doctrine of Domicile, as operated in the Common Law countries, should be abolished. It is therefore dis- appointing to find on one of the few occasions in which legislation has been introduced following a Law Reform Commission study that it is in danger of being emascul- ated. A body such as the Commission, steeped in legal tradition and learning, does not easily decide to recom- mend even tentatively, the abolition of one of the dis- tinctive creations of the Common Law. When it does and particularly when the doctrine is as out of place in the late 20th century as the horse-drawn tram, its rec- ommendations should be welcomed and implemented. The Minister for Justice, has during his term in office demonstrated that he is no faint-hearted person. It is therefore difficult to understand why he has not moved decisively to rid us of this antiquated doctrine. Some- times, Mr. Noonan, the Opposition may be right! The concepts of the domicile of origin and the domi- cile of choice are founded on the sentimental notion that a person born in a particular country, who subsequently moves around the world in the course of his life and employment, necessarily intends to return to his place of birth to spend his declining days. To convert such a notion into a doctrine of law may have made sense when men went out from Britain to 'govern' the Empire and returned to the mother country when the last tour of duty ended to spend their retirement in quiet spas and watering places. In today's world, however, no such notion may reasonably be justified, more especially when it gives rise to such idiosyncratic situations and uncertainties as the present law of domicile can. As the Law Reform Commission noted in its Working (continued on page 356)

In this issue

^ Comment

327

Brussels Convention on Jurisdiction and Enforce- ment of Judgements. Part I

329

Minutes of A.G.M

339

Dail Debates

342

Practice Notes

344

Campus Oil

347

Experience of dealing with Solicitors amongst the General Public 1985

349

-Book Reviews

351

^Presentation of Parchments

355

.Correspondence

356

L Solicitors Golfing Society

357

Professional Information

358

Executive Editor: Editorial Board:

Mary Buckley William Earley, Chairman John F. Buckley Gary Byrne Geraldine Clarke Charles R. M. Meredith Michael V. O'Mahony Maxwell Sweeney

Advertising: Printing:

Liam O hOisin, Telephone 305236 Turner's Printing Co. Ltd., Longford

The views expressed in this publication, save where other- wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised.

Published at Blackhall Place, Dublin 7.

327