The Gazette 1992

GAZETTL

APRIL 1992

Section 201 of the Companies Act, 1963. This chapter is helpful largely because it highlights the difficulties which have prevented that Section being used with any frequency and to this extent is a useful introduction to the objectives of the Companies (Amendment) Act, 1990. The author's treatment of the Companies (Amendment) Act, 1990 opens with an explanation of the objectives and the principal features of the Act and compares the scheme of the Act with similar legislation in the United Kingdom, the United States and in New Zealand. Detailed consideration is given to the issues taken into account when the Court is asked to confirm proposals for a scheme of arrangement. The decisions of the High Court in the cases of Goodman International Limited and Re: Coombe Importers Limited are cited. However, the author has not had the advantage of the several cases which have been decided during 1991, and in particular those in which the position of secured creditors has been considered. As the number of cases decided under the Companies (Amendment) Act, 1990 is obviously limited, the book is particularly helpful in its numerous references to decided cases in other jurisdictions on comparable provisions. Although case law is developing in this jurisdiction, it will inevitably be some time before our jurisprudence on this Act is comprehensive. In the meantime, precedents from other jurisdictions will be of persuasive value, and to that extent this feature of the book will be useful. The concluding chapter describes the law and practice relating to the administration of non-life insurance companies under the Insurance (No. 2) Act, 1983. This chapter contains a helpful identification of the features which distinguish administrators from liquidators and examiners.

1990 fundamentally alters the structures available to ailing businesses, and this publication will therefore be of value both to experienced insolvency practitioners and to those who need for the first time to acquaint themselves with these radical developments.

Historical issues are considered by Barry Doherty under the title of "Dissection as Punishment". The editor, Oisin Quinn, considers whether the issue of tort as a compensation system is ripe for reform. Other material is also included. Edward Henry Warren noted that before he finished a law review article, he sweated blood for a month. [58 Harvard Law Review 1115 (1945)]. Great credit it due to the editor, Oisin Quinn, the assistant editor, Anthony Wheian, and Eoin O'Dell, member of the editorial board. Has the time arrived when the word 'Student' should be dropped from the title of the review? Readers expect little from a student review. This Review however, is filled with keen judgment, shrewd common sense and great erudition.

Alvin Price

The Irish Student Law Review Edited by Oisin Quinn, [Dublin, 1992, £10.00 (£1.00 p&p)] Thackeray described a great lawyer as a man who had laboriously brought down a great intellect to the comprehension of a mean object. Thackeray claimed that the lawyer resolutely excluded from his mind all higher thoughts, all better things; all the wisdom and philosophy of historians; all the thoughts of poets; all wit and reflection; all art, love, truth, so that the lawyer could master that enormous legend of the law. Thackeray concluded that the lawyer could not admire a work of genius or kindle at the sight of love. This was, of course, a libel on a nobel profession. Lawyers are not confined to narrow issues. Dare we say it? No horizon is too large for our gaze! The Irish Student Law Review is now in its second year. It is pleasant to record that Thackeray's indictment of lawyers confining themselves to mean objects does not apply to the contents of the review. Sora O'Doherty writes on the difficult case of L -v- L, (Supreme Court unreported 5 December, 1991). Medical negligence, in the wake of the Dunne decision, is the focus of Joan Donnelly's article. Eoin O'Dell writes on issues relating to the case of Cotter and McDermott (No. 2) and, inter alia, the principle against unjust enrichment. Dariona Conlon writes on contempt of court. Anthony Wheian, the assistant editor, deals with Article 29.4.3 and the meaning of "necessity".

Eamonn G Hall

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Denis C. Guerin New York Attorney at Law

Member of the Law Society, Dublin

Native Killarney, County Kerry. Willing to act as agent or counsel to you in the US Legal Advice and Assistance on Wills, Inheritances, Family Searches, throughout the U.S.A. Specialising in Immigration, Personal Injury, Property Transactions, Divorces, Wills, etc.

25 West 39th Street New York NY 10018

Telephone: Days: 212-398-9238 Evenings: 212-796-0970 Fax: 212-391-6917

The Companies (Amendment) Act,

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