The Gazette 1990

GAZETTE

JULY/AUGUST

1990

and a plenitude of absorbing commentary thereon. Lest all of this might denote an over-academic leaning, such is far from being the case. The main thrust of the book is in the practical direction, as can be perceived from an examination of its Contents. Messrs. Wylie and Farrell have negotiated admirably the labyrinths of Notices to Quit and Ejectments, and dispel much of the confusion which has incumbered their inci- dental procedures. Here and elsewhere the litigation lawyer will find plenty of fodder. Irl addition to the foregoing, readers will be interested in the attention given to constitutional implications, and the observations derived from the workings of the Law Reform Commission. At this stage, one wonders whether the helpful recommendations of the latter are ever going to be implemented. I do not subscribe to the veiw that a critic is little short of worthless, unless he goes some way t owa r ds cas t i ga t i ng his subject. This book has not left itself open to such an attack, but, in the area of personal choice (though certainly not of censure), some points may merit mention: — ( 1 ) 1 would, within Chapter 31, have preferred a slightly different approach whereby the respective topics of rever- sionary leases, sporting leases and freehold acqu i s i t i ons would be discussed separately with appropriate cross-refer- ences, rather than on the basis of single texts to cover their common incidents. ( 2 ) Some Chapters might have devoted more space to non- Irish Cases and developments. This, of course, runs counter to our normal plea, but there are subjects (as for instance, rent reviews and repairing covenants) where, thankfully, there is a paucity of case law here as measured against the unhappy abundance else- where. However, commentary on the more vital issues not experienced here could provide useful guidelines, in addition to identifying unsus- pected minefields. The fact that the text (so far as the same is pertinent to recent developments) has more or

less been confined to Irish case law may be a recognition of the strength and independ- ence of our own Courts, coupled with the simple and practical objective that the book had to be kept within manageable limits. ( 3 ) The oft-recurring problems faced by a landlord whose tenant goes into liquidation could, perhaps, be ventilated in future -supplements. ( 4 ) Without • launching into the complexities of the Value- Added Tax code, some space might conceivably be devoted to the manner in which this tax is assessed on the supply represented by the granting of a Lease. The foregoing are merely a few passing thoughts, and, on reflect- ion, these may be beamed towards specialisations, which are beyond the intended scope of the above Volume. The latter eschews detail- ed commentary on such peripheral matters as Stamp Duties, Taxation and Land Registry procedures nor does it contain the full texts of Statutes, Rules or precedents. Somewhat surprisingly, the very informative comments on Insur- ance make no reference to the decision in Mark Rowlands Limited -v- Berni Inns Limited - a non-Irish case, but one whose outcome seems to have met with general approval here. This review has been dictated to meet a deadline, and I have not checked statutory and like re- ferences. Given the exceptionally high standards manifested through- out, I see no reason to doubt their adequacy. The misprint gremlin has a number (comparatively few) of minor successes, which can be sorted out readily, as can the one or two instances where there may be a lack of cohesion in cross references. Of undoubted value to aca- demics, practitioners and students, this splendid addition to our bookshelves will have a lasting impact, particularly if the up-dating service is maintained to as high a standard as the original. PATRICK F AGAN

Clerk & Lindsell on Torts 16th Edition (1989, Sweet & Maxwell. Stg.£135.00. When one looks at the 16th Edition of Clerk & Lindsell and all it con- tains that is new, it is hard to visualise the contents of the First Edition published 100 years ago in 1889. Where were such pivotal cases as Dulieu -v- White (1901), Donoghue -v- Stevenson (1932) and Junior Books -v- Veitchi (1983); and what about the Mareva and the American Cyanamide decisions of 1975? Whatever the First Edition contained, practitioners and law students alike throughout those 100 years of organic judicial development of the law of torts, have come to know Clerk & Lindsell as the seminal English work on the subject. The Irish law student learns very early on how to make maximum use of English law books - take everything on board except the post-1922 statutes. Now, at least for torts, since McMahon & Binchy was first published in 1981, both student and practitioner in Ireland better know what is 'wheat' and what is 'chaff' before seeking more detail from English sources. However compact one's legal bookshelves might be, there should be room made for this new edition of Clerk & Lindsell, with all its 1,700 pages and notwithstanding its relatively high cost. The Irish common law practitioner in possession of McMahon & Binchy & Clerk & Lindsell can confidently confront the researching of any tort problem. This edition is, as with previous editions, well laid out in numbered chapters/paragraphs - with the con t r i bu t i ons of t he various members of the editorial team (under the general editor, R.W.M. Dias) being indicated in the Table of Contents. The 16th Edition was substantially completed by October 1988, but subsequent changes have caused additions and modifi- cations in proof up to mid-1989. As heretofore, Sweet & Maxwell will publish Cumulative Supplements at intervals to keep this monumental work up to date. M I C H A EL V. O ' M A H O NY

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