The Gazette 1993

GAZETTE

OCTOBER 1993

Judgment Mortgages - A False Dawn

newspapers reported the Law Society's view that Ireland had one of the most inadequate Civil Legal Aid schemes in western Europe. The Irish Independent of 29 September, 1993, reported on the Viewpoint column of the September issue of the Gazette which had criticised the inadequate scope of the pilot scheme. The Society's call for the establishment of an Agricultural Appeals Tribunal to hear appeals from administrative decisions taken affecting farmers by the Minister of reported in the Irish Press and Cork Examiner of 17 September, 1993, and in the following week in the Kerryman, Kerry's Eye, Anglo Celt and Dundalk Democrat. • Agriculture and officials of the Department of Agriculture was Soc iety Exhibi ts at 61st Ploughing Championships Thirty members of the Tipperary Bar Association volunteered to staff the Law Society stand at the National Ploughing Championships in Ballyclerihan, Clonmel, over the three days of the event from 28-30 September last. The newly-designed Law Society stand with attractive colour photographs and graphics bearing the slogan "See your solicitor first for independent, expert advice", attracted a large number of visitors. The most frequent queries concerned wills, the rules governing intestacy, inheritance tax, transfer of land ownership, leases, as well as a host of other topics. The newly introduced probate tax was the subject of many queries and many examples of its harsh effects emerged, such as the case of a widow of a young farmer who died leaving four children. The farm is valued at £200,000 but there are no liquid assets in the estate leaving the widow to find £4,000 to pay the tax. • 302 Call for Farmers' Tribunal Barbara Cahalane

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14.(1896) 31 ILTR42. 15.(1897) 31 ILTR 166.

16 .Re Flannery (1971) IR 10; Dardis and Dunnes Seeds v Hickey Kenny J., 1 1 July, 1974, Unreported. 17.(1867) LR 2 HL 220 at 232/3. 18.At pages 4/5 of his unreported judgment. 19.(1861) 11 Ir. Ch. Rep. 365. 20.(1888) LR (Ir.) Vol XXI11 61. 21.(1888) LR (Ir.) Vol XXI11 61 at 85. 22.Supreme Court, 9 June, 1972 unreported. 23.Unreported judgment of 29 May, 1972 at p. 5. 24.At page 6 of the Court's unanimous judgment. 25.See Wylie's Irish Land Law (2nd Edition) paragraph 13/175, 22/11.

LAW LIBRARY PHONES Solicitors phoning barristers at the Law Library are requested to use the Direct Dial Numbers which were distributed with the June issue of the Gazette. Further copies are available from the Law Library - phone 8720622. Where a barrister is not at his/her desk your call will be answered either by the switchboard or the member's voicemail. The number is not answered is where the barrister has forwarded calls to another extension but is not at that extension when you phone. only circumstances in which the Direct Dial

26.(1971) IR 10. 27.(1930) IR 332. 28.(1971) IR 10 at 14. 29.(1858) 8 ICLR 301 at 308.

30.(1896) 31 ILTR 42. 31.(1950) 84 ILTR 160. 32.Ibid.

•Christopher Doyle BL is a practising barrister. •

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John Dowling Director