The Gazette 1972

BOOK REVIEWS Matrimonial Finance and Taxation by Joseph Jackson, M.A., LL.B. (Cantab.), LL.M. (Lond.) of Q.C.; London, Butterworth, 1972; 8vo; 286 pp.; £7. This is an entirely new and stimulating book by the e 'ninent editor of Rayden on Divorce. The intention of the author is to deal with the matrimonial finance and taxation problems that arise when a marriage breaks down and in particular it is concerned with the prin- ciples applied by the courts in considering these matters. The hook is written as an addition to Rayden. It deals with the making of orders and agreements and with their effects. The role o fthe accountant in this field is considered in relation to the award of main- tenance pending suit, post-decree periodical payments, tonip sums, settlements of property, bankruptcy as be- tween husband and wife and financial responsibility for children. Much of the book refers to the recent Matrimonial Proceedings and Property Act, 1970, which is printed in full as an appendix, and Irish readers must distinguish >ts provisions from the present Irish law. But the hook s hould he of assistance to those practitioners who have to handle the financial side of matrimonial disputes. B.P.D. Sale and Hire-Purchase by J. K. MacLeod; London, Butterworths, 1971; 8vo; LIII + 449 pp. Many hooks have been written on this intricate subject, ^ u t Dr. MacLeod of Nottingham University has appar- ently adopted a new point of view. The learned author rightly emphasises that a course relating to modern applications, particularly to complex transactions lead- ln g to consumer sales, will be of more interest to stu- dents. Instead of treating sale of goods and hire-pur- chase as two sepa r ate subjects, Dr. MacLeod has chosen to treat them together, and has thus introduced per- sonal property to students by way of theme; this is an teteresting innovation, and, in the various chapters, the Earned author has gone to much trouble to explain l he case law. Perhaps Dr. MacLeod's approach is too |tovel to obtain universal approbation, but for instance is invaluable to have all the case law to a subject heading like "Undertakings as to Description" de- scribed clearly and succinctly. An endeavour to find 'rish case law in the Table of Cases has unfortunately Proved unrewarding. Perhaps when he is preparing Mother edition, the author might consider some Irish ° a tes, if he wishes to extend his sales in Ireland. ^ttiual Survey of Commonwealth Law 1970 edited by W. K. Wade; London, Butterworth, 1972; 8vo: v + 712 pp.; £10. are once more indebted to Professor Wade and his tollaborators for producing this Annual Survey under ;h e point auspices of the. Faculty of Law of Oxford University and the British Institute of International Comparative Law. There are as usual twenty-one topies in the Survey—including Constitutional Law, ^Briiinistrative Law, Criminal Law, Family Law, Com- pan V Law, Taxation, International Law, Contract, Tort Commercial Law. Each chapter is subdivided by

subject—the chapter on Torts being subdivided into interests in Land (Nuisance and Trespass), Interests in Personal Security (Assault and False Imprisonment), Interests in Chattels (Conversion and Detinue), Negli- gence, Occupier's Liability. Master and Servant, Strict Liability as regards Animals and Defamation, Defence, Parties and Damages. Each topic is in charge of a different editor, and all relevant cases from the Common- wealth decided in 1970 are annotated under the rele- vant topic. The Survey is thus an invaluable vehicle for Comparative Law within the Commonwealth and no important case is omitted. Several Irish cases are briefly described, such as Chapman v McDonald 1969 —loss of services as a result of accident; The People v Croshie 1969—hail; Vella v Morelli 1969—no leave required to appeal on costs; National Bank v O'Connor 1969—hank can recover fraudulent payments from inno- cent third party; and Santa Maria de la Rosa —injunc- tion to restrain competitors from diving for wreck of Spanish Armada, amongst others. The fact that Irish cases are placed in a comparative aspect is most valu- able, and makes this series unique. Members who wish to compare Irish with Commonwealth decisions should not hesitate to acquire this invaluable volume. CCD Legal Problems of an Enlarged European Community edited by M. E. Bathurst, K. R. Simmonds, N. March Hunnings and Jane Walsh; London, Stevens, 1972; 8vo; xix369pp.; £6.75. The writer was amongst the few members of the Society who were privileged to attend an international con- ference on the Expansion of the European Communities organised by the British Institute of International and Comparative Law, and held in the Hibernian Hotel, Dublin, in October 1970. The papers read at that con- ference, attended by leading experts from the applicant and Community countries, have now been assembled together in this volume, and appear as the sixth volume in "British Institute Studies in International and Com- parative Law". Those of us who had the advantage of receiving most of the papers published in this volume in advance were already aware of the treat in store for us when this volume would be published. In dealing with the Irish Constitution, Mr. Temple Laner has produced a substantive paper on the subject. In the light of the proposed Third Constitutional Amendment, Mr. Lang has put forward succinctly the advantages and disadvantages of separate constitutional amendments. In describing the role of the Courts, Judge Pescatore has enlightened us on the interpretation which the European Court places on Community Law. Madame Ouestiaux, who has kindly received so many English- sneaking lawyers in the Conseil d'Etat. deals with Art. 177, and emphasises the following points: (1) That Community law is to be applied by National Courts, subiect to a preliminary ruling if need be of the Euro- pean Court, and (2) That the European Court has worked out Rules of Procedure to allow an easy and independent dialogue between it and the the member States. Mr. Newman of the Lord Chanelllor's Depart- ment deals in detail with the Convention on Juris-

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