The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER 1995

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T I T L E S

A U T U M N

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lie. F or e x amp l e, in one o f the landmark Irish c a s es o f Ward v McMaster (1988) which centered on an allegedly negligent survey and valuation, the S u p r eme Court f o l l owed the Eng l i sh c a se o f Anns v Merton London Borough Council (1978) A C, which has since been over-ruled in the U K . A c a s e - b o ok on professional n e g l i g e n ce dealing with the Irish j u r i s d i c t i on e x c l u s i v e ly is a c c o r d i n g ly a work o f i mme n se value to practitioners due to the a b s e n ce o f any c omp r e h e n s i ve Irish text b o ok on the s ub j e ct and the large numb er o f previously unreported c a s e s. T h e editor states that he hopes that this v o l ume will give practitioners all the important reported and unreported J u d gme n ts in the area o f professional n e g l i g e n ce b e twe en the years 1 9 68 and 1 9 9 3. Part 1 c omp r i s es a selection o f previously unreported J u d gme n ts during this period involving the n e g l i g e n ce o f auditors, auctioneers, architects, doctors, engineers, solicitors, s t o c k b r o k e rs and others. Part 2 c omp r i s es a selection o f head notes from the landmark reported c a s e s. Wh i le no c a se b o ok can be read in isolation from a text b o ok source there can be no doubt but that this c omp i l a t i on is an e x t r eme ly useful work for practitioners in this area who can refer to the particular c a se law in c o n j u n c t i on with other source material whether from a U K or Irish source. T h e re is a s u b j e ct index which e n a b l es the reader to identify the profession c o n c e r n ed when seeking source material and there is a list o f statutes c o n s i d e r ed in the j u d gme n ts reported. T h e reader is o f c o u r se reliant on the e d i t o r 's statement that this v o l ume g i v es practitioners all the important reported and unreported J u d gme n ts in the area o f professional n e g l i g e n ce and, relying on that statement, this is a b o ok which any practitioner who practises in this field for either plaintiff or defendant will find o f great benefit.

A f o o t n o te about the desuetude o f statutes recalls the debate in the S e n a te in 1971 on a new statute prohibiting f o r c i b le entry o f p r emi s e s, when Desmond O'Malley, then Mi n i s t er for J u s t i c e, r e j e c t ed the arguments of Senators Mary Robinson and John M. Kelly that fresh legislation on the s u b j e ct was superfluous, having regard to the En g l i sh statutes on the s u b j e ct passed in 1381 and 1 3 9 1. W e must hope that the R o u nd Hall Press c o n t i nu es to e x p a nd its c a t a l o g ue o f wo r ks o f Irish legal historical interest, and that its enterprise in republishing this work with a new introduction is rewarded in the market place. Editor Bart D Daly BL; Publisher: Brehon Publishing, Dublin, 1995, 524 pp., hardback, £125.00. T h e law o f n e g l i g e n ce simpliciter is dealt with in detail in all the standard text b o o ks on the s ub j e c t. P r o f e s s i o n al n e g l i g e n ce h owe v er c o n t a i ns ma ny varied and c omp l ex aspects o f the law o f n e g l i g e n ce generally and while there are En g l i sh text b o o ks written e x c l u s i v e ly on the s u b j e ct there is no Irish equivalent which deals with the s u b j e ct in a c omp r e h e n s i ve manner. T h e law in the U K and Ireland has not a l wa ys run side by side in relation to certain legal principles g o v e r n i ng professional n e g l i g e n ce and a c c o r d i n g ly it would be a dangerous practice to f o l l ow without question all o f the principles laid down in the standard En g l i sh text b o o k s. It is a natural c o n s e q u e n ce a c c o r d i n g ly that there have, in the past been d i f f e r e n c es in the application o f the b a s ic principles in the c a se law as b e t we en the U K and Ireland with the result that, while there are ma ny similarities, the practitioner must be aware also o f wh e re the d i f f e r e n c es Daire Hogan Pr o f e s s i onal Negligence Law Re p o r ts

The Law of Contract R A Y M O ND F R I E L

This is an innovative book on contract law with considerable emphasis on a compara- tive treatment of the subject. It examines all major areas of contract drawing not only upon English authority and Irish observ- ance but also the diversity of the Common Law as operated in the United States, Aus- tralia and Canada. Attempts have been made to reflect the ever closer European Union and the need to create a European legal ethos if we are to play a full role in the integration process. Publication date: September 1995 ISBN 1-85800-066-1; paperback £29.95 1-85800-054-8; hardback £ 4 7 . 50 This is a thoroughly revised and updated edition of this definitive work, first pub- lished in 1986. It explains the changes made in relation to offences by the Road Traffic Acts 1994 and 1995, the two statutes form- ing the basis of the law in this area. It also outlines the relevant court procedure from the commencement of charges, the hear- ing in the District Court, through to the appeal to the Circuit Court and other re- view proceedings. Publication date: September 1995 ISBN 1-85800-047-5 paperback £ 2 2 . 50 Competition Law Source Book T O N Y O ' C O N N O R (E D I T O R ) j This first volume in the series covers deci- j sions of the Competition Authority in the j period 1 9 9 1 -4 and provides: | • All major decisions (with headnotes) under relevant subject headings • A complete list of notifications, with notes on if, and when decisions have been made • Procedural guidelines with samples of the requisite Competition Authority forms • Consolidated version of the 1991 C om- petition Act; the Mergers, Take-overs and Monopolies (Control) Act 1978. Drunken Driving and the L aw ( 2nd edition) M A R K DE B L A C AM

Publication date: October 1995 ISBN 1-85800-048-3 £95.00

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