The Gazette 1994

GAZETTE

APRIL 1994

honestly and assess in public those whom one knows in a personal capacity. The seven centuries covered by the two volumes are divided into six periods. Lists of the judges are set out and there are also short biographical details. The author records that fortunately the resources of the Public Record Office in Ireland had been explored before the building's destruction. refers to the words written by the author of Life of Thomas á Kempis about his own father, Lord Chancellor j Ball; Í "[Elrnest Protestant as he was, he was absolutely unprejudiced and as ! scrupulous in guarding Catholic interests as if he had been a Catholic." Ball noted that within his own limitations his aim in these volumes was that he may be thought worthy of a like judgment. Professor Nial Osborough, University College Dublin, the doyen of Irish legal historians, noted in A.W.B. Simpson (ed), Biographical Dictionary of the Common Law, (London, 1984) Í that Ball's The Judges in Ireland was "a product of true scholarship and j remain[ed] an indispensable work of | ; In his approach to his task, the author i The Judges in Ireland has become a classic; it is also immensely readable. These volumes are a treasure, an invaluable reference which lay a foundation for an active future of criticism and revision in Irish legal history; indeed any person possessing even a slight interest in Irish legal history should read The Judges in Ireland. reference. . ."

to wind-up the company and, in particular, does not have implied authority to instruct solicitors to oppose the petition." In dealing with the discretion of the court in making a j winding-up order reference is made to McCarthy J's judgment in re Bula Ltd. An example of where a winding-up was rescinded is given from the decision of re Virgo Systems Ltd. where a winding-up order was made against a shelf company after a statutory demand was not complied with (change of registered office had not been notified to the registrar of The most substantive part of the publication are the chapters on petitions by creditors and contributories - the grounds of the petition. Authority is given for the statement that, "it is not an abuse of process for an unpaid, undisputed creditor of a company to petition for its | compulsory winding-up knowing that it j is likely that the matter will be settled without a winding-up order being made." Treatment is given to the decisions in Re Bula Ltd and in Re Dublin and Eastern Regional Tourism j Organisation Ltd. •• An interesting practical chapter is that of protecting a company's property while a winding-up petition is pending. In his preface the author indicates that "This book has taken some years to j write." It is easy to see why, as the j wealth of material which he has assembled and its layout makes this very much a practitioner's book. | While, thankfully, practitioners are able to rely more in recent times on ; publications applicable specifically to Ireland, this publication is a useful and, perhaps, invaluable weapon to any litigation or insolvency lawyer. William Johnston D j j j j j ! companies).

Applications to Wind-up Companies

by Derek French; published by Blackstone Press Limited, 1993, 404pp, hardback, £21.95stg. Although this publication deals with the law of England and Wales, it will nonetheless prove to be useful to any lawyer involved in petitioning for, or opposing, the winding-up of a j company. The book recites many Irish j and common law decisions other than English. The abundance of recited decisions to support points made makes the publication an essential tool for any lawyer involved in winding-up proceedings. The approach is very specific and specialised to its subject matter. To obtain the full benefit of the publication the reader should have the English Insolvency Act, 1986 to hand so that its comparative provisions in the Companies Act, 1963 may be readily ascertained and applied. Both the contents and the index are helpful in their detail - an important aspect of the usefulness of any book to a practitioner. The first chapter deals with jurisdiction and recites Irish decisions in its treatment of industrial and provident societies. In particular the chapter deals with the connection a company may have with a particular jurisdiction for an order to be made for its winding-up in that jurisdiction. The second chapter deals with the actual presentation of a petition - the circumstances in which an order will be made, the standing of the petitioner as well as the purpose of the petitioner. In dealing with the period between the presentation and the hearing, the third chapter covers a number of very practical points of detail which would not generally be covered in other publications. The fourth chapter deals with the orders of the court and review of orders as well as who may be heard - for instance, authority is given for the statement that a company's managing director "does not have implied authority to make crucial decisions following the presentation of a petition

Dr. Eamonn G. Hall

SPAIN We provide a comprehensive consultancy service to help you deal with any matters arising out of Spanish property or business transactions C O N T A C T F E R R I S O ' R E I L LY 0 4 5 - 6 6 4 66

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