The Gazette 1990

GAZETTE

' APRIL 1990

not been included. I hope that in preparing future editions the Editors will give consideration to the inclusion of Case Notes on such topics. The layout of the work is admir- able. Case Notes of over 320 de- cisions are set out, and in addition there are more detailed "Digest" notes of 35 judgments, together with the Editors' commentary. The Introduction includes a helpful guide on how to use the book. Where appropriate, Case Notes or Digests are cross-referenced to other relevant decisions, textbooks, articles etc. A very comprehensive subject index is included. The Digest deals with many im- portant decisions, recent and old, having relevance to those involved with the construction industry including: Curley -v- Mulcahy (professional negligence - architect's duty and standard of care in contract and tort); Egan & Sons -v- John Sisk (negligence - damages - remoteness - economic loss); Glow Heating Ltd. -v- Eastern Health Board (trust rights - payments to nominated sub-contractors). Two of the decisions included in the Digest, namely, John Sisk & Son Ltd. -v- Lawter Products (de- cision of Mr. Justice Finlay) and P. J. Hegarty & Son Ltd. -v- the Royal Liver Friendly Society (decision of Mr. Justice Murphy) were con- sidered by Mr. Justice Costello in the case of Rohan Construction Ltd. -v- Antigen Pharmaceuticals Ltd. which was decided in January of last year. All three cases dealt with the contractor's right to re- ceive payment on foot of certi- ficates in circumstances where the Employer claimed the right of set- off in relation to claims for damages. Mr. Jus t i ce Finlay decided that the provisions of the' RIAI Conditions of Contract (1966 Edition) were not consistent with the right of set-off. Mr. Justice Murphy came to a different conclusion in the Hegarty case (which concerned the 1977 RIAI edition). There is in fact no material difference between the two editions of the RIAI Conditions. Mr. Justice Costello in the case before him decided that the contractor (Rohan Construction) was entitled to payment on foot of interim

certificates issued by the Architect, notwithstanding his acknowledge- ment of the fact that the Employer (Antigen) had a bona fide claim for damages. One small quibble with this otherwise excellent work: The Digest includes notes on the judge- ment of Mr. Justice Gannon in the High Court in the case of Priority Construction Ltd. -v- Ennis Urban District Council but omits to state that the judgement was subse- quently vacated by the Supreme Court. The Editors are to be applauded for the extensive research that they have undertaken in preparing this work and the Society of Chartered Surveyors in the Republic of Ireland are to be congratulated for the support given by them. This book is recommended to all lawyers who may from time to time be called upon to advise on building or engineering matters. T imothy Bouchier-Hayes The authors provides a simple overview of the law in the United Kingdom. The fourth edition has been updated to include recent developments in the law. Written in a clear style, the text covers many wide-ranging topics including topics such as the nature of law, the administration of law, legal personality, civil liberties, contract, the law of torts, criminal law and welfare law. There is an emphasis on the practical aspects of the application of law to everyday situations. Students are helped to understand fundamental legal con- cepts by extracts and illustrations, such as a case report and a statute. Revision questions, specimen ex- amination questions and suggested coursework titles are included at the end of each chapter to assist progress through the course. The book concludes with a section on examination technique, sample examination papers and lists of addresses from which useful GC SE LAW. By W J Brown. [London: Sweet & Maxwell. 1989. xix + 298 pp Stg£6.95] The aim of this book is to help candidates prepare for the GCSE examination in law. Accordingly, the book is of limited usefulness in this jurisdiction.

I R I SH B U I L D I NG A N D E N G I N E E R I NG C A SE LAW Edited by J o hn M. E. Lyden and Michael MacGrath. [Society of Chartered Surveyors in the Republic of Ireland, 1989, xii, 595pp. IRE95 . 00] Irish Building and Engineering Case Law is a very welcome addition to the increasing number of books available dealing specifically with Irish Law. Many recent important decisions relating to the laws of contract and tort in the U.K. have been handed down in construction- related cases. Whether or not these decisions will be followed by the Irish courts remains to be seen, but insofar as the law here and in the U.K. diverges, a book such as the one under review, becomes all the more valuable. Described by the Editors John Lyden, Chartered Quantity Sur- veyor and the Consultant Editor, and Michael MacGrath, Barrister at Law, as "An Index and Digest of Irish Cases relating to Building and Engineering Law and other matters of interest to surveyors, architects, contractors and engineers" the work should also be of considerable interest to both barristers and solicitors. The Editors record major Irish cases on building and engineering law decided since 1890. Also in- cluded are references to other cases relevant to construction law in Ireland. Generally, however, cases dealing with arbitration, personal injuries and planning have

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