The Gazette 1990

GAZETTE

JULY/AUGUST

1990

procedure in the prosecution of a winding-up petition. With the exception of this last element and not forgetting the decision of Kenny J. in Re Irish Tourist Promotions Ltd. (1974) that this remedy is available even when the company is insolvent, this analysis and discussion would be the most valuable to the Irish reader. While there are many similarities between the "unfair prejudice" remedy in England and the remedy for oppression and disregard of interests provided by Section 205 of the 1963 Act, the differences are still of such an order as to make chapter 4 largely of academic interest only to the Irish reader. Those interested in the Irish remedy would be best advised to consult any of the Irish textbooks of which, happily, there is now no shortage. In chapter 5 the author turns to a consideration of the personal rights of shareholders based on the English equivalent of Section 25 of the 1963 Act. The implications of the contracts implied by this section have received considerable attention in recent years and this contribution provides a sound assessment of the current state of the law. The author also examines in this chapter duties owed by directors to shareholders person- ally, particularly in the context of contested takeovers. Both these subjects are developing rapidly and the author provides a reliable chart by which to navigate. The book concludes with a look at some miscellaneous rights and a useful appendix containing pro- visions which might be inserted in a company's memorandum or articles to p r o t ect mi no r i ty shareholders. The author has managed to present a difficult area of the law in a clear and eminently readable style and his book is recommended to all those interested generally in company law and particularly those interested in the protection of minorities. GERARD J. M E E H AN

IRI SH L ANDLORD A ND T E N A N T LAW

[By J.C.W. Wylie, LL.M., LL.D - Butterworth (Ireland) Limited - (pp. Tables: 100 - Text: 750 approx. - Index: 38) IRE95.00 (including binder)] In prefacing the above, the author, Professor J.C.W. Wylie, indicates that its aim " is to provide Irish practitioners with a comprehensive statement of the law of landlord and tenant". To say that this objective has been achieved is an under-statement of such magni- tude as to border on insult. That achievement per se is almost a sufficient recommendation of the merits of a book whose pedigree and title must have mantled it with best seller status from inception. Such recommendation does not, however, lie solely in expectation. The work itself is one upon which eulogical superlatives may be lavished in abundance, and with ample justification. Legal publication with an Irish dimension has developed signifi- cantly over the past few years, and this volume serves as a reminder of the huge debt of gratitude owed to the Professor and to those who introduced him to our needs. Here, he has collaborated w i t h a Consultant Editor in the person of John Farrell M.A., S.C. - a most able and highly regarded expert in the titled field. The book, which is published by Butterworth (Ireland) Limited, is presented most attractively in loose-leaf format, and its under- taking is to be continued with periodic supplies of up-dating material. The textual paragraphs throughout have been numbered, and combine readily with excellent footnotes and cross-references. The Index and very full Tables of Statutes, Rules and Cases have been carefully prepared. So much could be said about this work that it is, perhaps, best to start with the basics. It encom- passes a wonderfully researched and stimulating treatise on the named subject as applied in this jurisdiction with a considerable re- levance apropos Northern Ireland, the law being stated as at 1st October, 1989. The contents (whether shaped as text, dis- cussion or footnote) are informative and authoritative, and there is such

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a profusion of detail that one tends to forget that the book does not pretend to be specialist in all phases. As ever with John Wylie, the refreshing clarity and simplicity of expression belie the depth and breadth of the underlying material. Notwithstanding the proliferation of enactment over recent years, it is quite astounding to be reminded that so much of our landlord and tenant law is still governed by legislation emanating from the last century, or, alternatively, stems from decisions of equal or greater antiquity. This book deals with these historical aspects - includ- ing a full treatment of the relevant provisions of Deasy's Act - in a manner bo th interesting and practical, and invariably then views them in the current context. Like- wise, the relevant legislation of the past two decades or so is explained in detail, while there is (where appropriate) ample discussion on lesser k nown and discarded statutory provisions. Additionally, the work is virtually bursting with references to decisions handed down by the Irish Courts with copious excerpts from judgments

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