The Gazette 1973

In his judgment Chief Justice O Dalaigh said that 50 per cent was the least the trial judge could have im- posed on the Commissioners and said they had been fortunate not to have been called upon to shoulder a heavier share of the burden. Mr. Justice Walsh agreed with the Chief Justice's judgment. In a dissenting judgment, Mr. Justice Fitzgerald said that Mr. Walsh was the author of the accident which had been caused by his failure to keep a proper look- out. The trial judge should have acceded to the appli- cation of the Commissioners to non-suit Mrs. Walsh. [Walsh v. Galway Harbour Commissioners; Supreme Court; unreported; 19 December 1972.] Placc of detention does not exiit under Children's Acts so bench decision wrong—Prison order invalid. In the High Court, Dublin, yesterday, Mr. Justice Finlay held that a youth could not have been held in a place of detention provided by the Children's Act, 1908, as directed by District Justice Breathnach on last November 16th for the most fundamental reason of all—that no such place existed. He held that orders made by District Justice Breath- nach in the Children's Court sentencing the youth to a months' imprisonment because "the defendant was of so unruly a character that he could not be detained in a place of detention in safety" were invalid. The youth had challenged the validity of the district justice's order and on last November 24th Mr. Justice Finlay directed the Governor of Mountjoy Prison to certify the grounds of the youth's detention and he admitted him to bail. Yesterday Mr. Justice Finlay made an order quashing five orders made by the district justice relating to the imprisonment of the youth and discharged the appli- cant from his bail recognisance. In a reserved judgment, Mr. Justice Finlay said it had been admitted in earlier proceedings that the ap- plicant was a "young person" within the meaning of the Children's Act, 1908. He had appeared before the District Court charged with assault with intent to rob and with assault causing actual bodily harm. He had been remanded in custody by District Justice Kennedy to Mountjoy Prison until November 14th, by an order which certified that he was of so unruly a character that he could not be detained in a place of detention in safety. On November 14th he was further remanded in custody to St. Laurence's, Finglas West, until Novem- ber 16th. St. Laurence's, said Mr. Justice Finlay, was a place of detention for the purpose of detaining young persons on remand but not for the purpose of detention after sentence. On November 16th, the youth had pleaded guilty before District Justice Breathnach in the Chil- dren's Court and was sentenced to one month's im- prisonment. No express evidence, said Mr. Justice Finlay, had been adduced before District Justice Breathnach as to unruliness of character on the part of the youth, but the District Justice had before him the certificate issued by District Justice Kennedy. Mr. Justice Finlay said : "The last very important fact which was established before me was that there was not on November 16th, 1972, nor has there been since then a place of detention provided under Section 108 of the Children's Act, 1908, for the Dublin Metro- politan District, the purpose of which was the detention of young persons after sentence." The legality of the applicant's detention and the 31

Mr. Justice Kenny said that it was a very unusual and interesting action. {The Irish Times, 12/12/1972.) [Moran and Kinsella v. Matthew-Sills and Power.] Court award for sacking upheld. A limited appeal against the award of £9,694 damages and costs to Douglas William Victor Glover, the former production and technical director of Lincoln and Nolan Ltd., was dismissed by a two-to-one majority in the Supreme Court. Mr. Glover, formerly of Kilcoole, Co. Wicklow, had brought the proceedings against his employers for wrongful dismissal. Mr. Glover had sued B.L.N. Ltd., Lincoln and Nolan Ltd., Lincoln and Nolan (Sales) Ltd., and Irish Motor Factors Ltd., Lower Baggot St., Dublin, claiming damages for wrongful dismissal and breach of contract. The High Court trial had lasted 22 days and Mr. Justice Kenny was told that Mr. Glover had joined Lincoln and Nolan in 1957 and had been dismissed in June, 1966, following a report to the board of B.L.N. Ltd., by Mr. G. C. V. Brittain, executive vice-chairman of B.L.N., which was formed following the amalgama- tion of Lincoln and Nolan and Brittain (Dublin) Ltd. Mr. Justice Kenny found that, while Mr. Glover had been guilty of serious misconduct and neglect, the decision of the board to dismiss him without a hearing was contrary to the principles of natural justice. Yesterday, in the Supreme Court, Mr. Justice Walsh, in his judgment, dismissed the limited appeal, a decision with which Chief Justice Cearbhall O Dalaigh agreed. A dissenting judgment was delivered by Mr. Justice Fitzgerald. It was stated then, on behalf of the parties, that it had been agreed by B.L.N, that, if they lost this limited appeal, the matter would go no further. Accordingly, the Court affirmed Mr. Justice Kenny's order. {Irish Independent, 19/12/1972.) [Glover v. B.L.N. Ltd.; Supreme Court; unreported; 19 December 1972.] Appeal fails in harbour deaths case. An accident at Galway docks on January 11th, 1967, when six people returning from a wedding reception at Salthill lost their lives when their car was driven into the docks, was recalled in the Supreme Court. In a reserved judgment, the court dismissed an appeal by Galway Harbour Commissioners against a decision of Mr. Justice Butler in the High Court awarding Mrs. Bridget Walsh, Gort, Co. Galway, a total of £6,000 damages and costs on her own behalf and that of her dependants. She had sued the Harbour Commissioners arising out of the death of her husband, Mr. John Walsh, the driver of the car, alleging that the Commissioners had been negligent. It was stated in the High Court that Mr. Walsh had been attending a wedding reception at Salthill and was returning home in the evening darkness when he. ap- parently lost his way while taking a short-cut through the docks area. Mr. Justice Butler found that both Mr. Walsh and the Harbour Commissioners had been 50 per cent each at fault for the accident and assessed total damages at £6,000, entering judgment for Mrs. Walsh and her dependants for a total of £3,000 and costs on this basis. The Harbour Commissioners appealed against this find- ing.