The Gazette 1992

GAZETTE

JUNE 1992

A Case Book on Company Law by Lyndon MacCann (Butterworth (Ireland) Ltd. 1992, 644pp £29.50 paperback) This is a most welcome addition to recent textbooks on company law in Ireland and is a suitable companion to Keane (second edition) to which the author regularly refers. The book contains twenty one chapters with excellent indices of statute law and case law (some 500 cases) together with an overall reference index. Given the breadth of the subject Mr MacCann is to be congratulated in choosing, in addition to what may be termed standard reference cases, virtually all Irish reported cases since 1922 and a considerable number of unreported cases. For that alone the book ought to be purchased by all practising lawyers. Mr MacCann has included in each chapter a concise informative treatment of the chosen topic and the references and notes contain a wealth of source material. Seminal decisions are placed alongside more recent authorities assisting in a better understanding of general principles and comprehension of trends in judicial thinking. Undoubtedly, a better understanding of leading judgments is achieved when these cases are read alongside more modern decisions which apply those principles in disputes familiar to practising lawyers. The book deals with areas of "fringe" interest to the subject such as retention of title (problems of which arise in virtually every insolvency), criminal liability and civil liability of auditors including the recent cases of Sisk -v- Flinn; Kelly -v- Haughey Boland; and Caparo -v- Dickman i.e. can an investor recover against the auditor where he establishes that the auditor was negligent in the preparation of the final accounts and thus the "prize" is more tarnished than

appreciated at the time of the takeover?

Administrative Law in Scotland and Judge G. Federico Mancini, (Court of Justice), who writes on the free movement of workers in the case law of the European Court of Justice. Irish judges consider various aspects of constitutional law in Ireland. Chief Justice Finlay writes on the McCarthy provides observations on the protection of fundamental rights in the Irish Constitution. Mr Justice Brian Walsh's topic is entitled "The Judicial Power, Justice and the Constitution of Ireland". The judge as law-maker is considered by Mr Constitution of Ireland in a changing society. Mr Justice interpretation are reviewed by Mr Justice Donal Barrington. Nial Fennelly, SC, Professor James Casey and Anthony M. Collins, Legal Secretary, (Court of Justice) write on other aspects of constitutional law. Other contributors include James O'Reilly, SC, on the Common Fisheries Policy in Community law, Professor Deirdre Curtin on the decentralised enforcement of Community law rights, Professor David O'Keeffe on the public service exception to free movement of workers, Karen Banks on Community sex equality law, Dr John Temple Lang on the widening scope of constitutional law and Mary Finlay-Geoghegan, SC, on the status of non-implemented Directives before the Irish courts. This is a book by leading judges and scholars who themselves have made a significant contribution to constitutional jurisprudence. This book contains timely commentaries on, and insightful contributions to, the current debate on constitutional interpretation. Thoughtful lawyers will welcome this publication. In fact, as books of this nature are rarely reprinted, this book will become a collector's item. Justice Declan Costello. The problems of constitutional

Given the recent enactment of both the 1990 Companies (Amendment) Act and the 1990 Act it is not surprising that Mr MacCann had few cases to include in a case book dealing with the same. He has, however, incorporated the provisions of the legislation throughout the text and has dealt with the Amendment Act in Chapter 21 setting out the legislative framework and including the decisions of the High Court in both Goodman and Jetmara. The substantive changes in company law brought about by both Acts are far reaching and the willingness of litigants to test the legislation encouraging. This may well justify a second edition sooner than Mr MacCann may have wished.

Cormac O'Hanlon

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