The Gazette 1973

Interesting procedural defences, such as " Detourne- ment de Pouvoir", "Faute de Service" and "Exception d'lllegalite" are fully discussed, as is the nature of Regulations and Directives. One must always remember that the listed Community Regulations, even though made before 1973, are binding as Irish Law by virtue of the Schedule to the European Communities Act 1972, and in case of conflict in the text of the Treaties the Irish Superior Courts will have to request the European Community Court to give u preliminary ruling on Community Law before proceeding with the case. Points like these, stressed by the learned authors cannot be too much emphasised. This work will greatly enhance the knowledge of members who want to improve accur- ately what they have learnt in a preliminary way about European Community Law. Kelly's Draftsman. 13th edition by R. W. Ramage. 8vo; pp. lxxxvi plus 911; index pp. 74; London, Butterworth, 1973; £7.00. This is the centenary edition of this famous practical work which first appeared in 1873. Older practitioners will remember Mr. Reid's 7th edition of 1929 which, though in a smaller format still contained 734 pages and 85 index pages; in view of the new English Prop- erty Acts, most of the precedents there had to be re- written. Mr. W. J. Williams was the editor of all editions from the 9th to the 12th inclusive, which has ensured the continuous usefulness of these precedents. In the 9th edition (1950) owing to the larger format at present in use, 30 per cent of material was added; but the number of pages in the text was reduced to 667. In the 11th edition (1962), the number of text pages had increased to 794, and this had increased in the 12th edition (1967) to 869; thus there are approximately 40 more pages in this edition. Mr. Ramage has wisely abandoned the word "shall" save as an expression of legal obligation. Conveyancing practitioners will be well used to the precedents contained in previous editions, and it is therefore only necessary to draw their attention to changes. There are 14 new prescribed notices under the Leasehold Reform Act 1971 which may possibly be adopted to our legislation. There are also new forms of (1) Release to a Borrower of part of the property com- prised in the mortgage; (2) Collateral Mortgage by way of further Security for an existing advance, (3) Agree- ment for letting a Caravan, (4) Mortgage of Policy of Life Assurance as collateral Security to a Mortgage of Land, (5) Power of Attorney executed at the direction of a Donor, (6) Deed executed by a company in liquidation, (7) Notice given in respect of unsolicited goods, and (8) Certificate to be endorsed of Facsimile Powers of Attorney as Proof of their Contents. The printing, con- tents and lay-out of this edition are, as usual, excellent, but it will be for the Irish conveyancing practitioner to decide whether he should get this new edition when the previous edition had been published at £3.75. Heydon (J. D.)—Economic Torts. 8vo; pp. xxiii plus 99; London, Sweet & Maxwell, 1973 (Modern Legal Studies Series); Paperback; 90p. The idea of the Modern Legal Studies Series is to write short scholarly monographs in different areas of law by writing about new legal topics, or about specified topics in law subjects, and thus helping social science. The subject of "Economic Torts" has assumed great impor- 125

the Central Criminal Court which led to Mr. Sean T. O'Kelly being fined in 1928, is mentioned in a footnote, as is that of Ross Connolly (1947). In the case of re Haughey (1971) I.R. 217, the High Court convicted the applicant of contempt and sentenced him to imprison- ment, despite the fact that the certificate from the Dail Committee investigating the disposal of Red Cross funds had not stated in full detail the applicant's alleged offence; the Supreme Court, apart from finding the procedure unconstitutional, accordingly allowed the appeal and discharged the accused on this ground, and stated that he should also have been tried summarily. In the Hibernia Review case, unreported, Pringle J. fined the journal and its editor £50 each for contempt on 16th May 1972 and the writer Mac Aonghusa £100 for protesting against the jail treatment of a prisoner on remand. It would not have been possible for the learned authors to consider those cases, but their de- tailed comments in a future edition would be welcome in considering contempt by publication. The whole subject appears to be subjective and nebu- lous, but the learned authors have written an erudite and masterly volume which will remain the leading work. It will be recalled that the last volume of Ozwald on Contempt was published as long ago as 1907. Finally I would commend the nebulous Section 4 of the Offences against the State (Amendment) Act 1972 for detailed comment by the learned authors (see the February Gazette, page 40). Lasok (Domnic) and Bridge (J. W.)—Introduction to the Law and Institutions of the European Communities. 8vo; pp. xxi plus 314; London, Butterworth, 1973; £3.20 paperback. Those of us who had the pleasure of listening to Prof. Lasok and to Mr. Bridge, who teach European Com- munity Law in Exeter, in the course of a seminar organ- ised by the Young Solicitors' Society in the Burlington Hotel, Dublin, in September 1972, will be pleased that their interesting lectures are now available in extended printed form. This work is most absorbing, but it is not for the amateur, because it assumes the reader has some knowledge of Community Law. The work is divided into four main parts : Part 1 deals with the Nature of the European Communities and of Community Law, de- scribing first the European Community and its Law and later the Concept and Status of the European Community followed by the Nature and Challenge of Community Law, and a stimulating chapter on the Primary and Secondary Sources of Community Law It is emphasised that those who practice Community Law will require specialisation so that a reciprocal right of Establishment of lawyers can be made. Part 2 called the Law of the Institutions deals in detail with the Commission, the Council of Ministers, the Assembly and the Court of Justice. Part 3 deals with the intricate subject of the relation- ship between Community Law and the Municipal Law of Member States. In dealing with the Implementation of Community Law, it is emphasised that, in case of conflict, it is essential for municipal Courts to follow Community Law first, and that is why the decisions of the Community Court are so important. The last part—the Law of the Economy—deals with such matters as Agriculture, Transport, Free Movement of Goods, etc. The involved language problem is also fully discussed.