The Gazette 1981

SEPTEMBER 1981

GAZETTE

For Your Diary . . . 7 November, 1981: Law Society Symposium. "The Doctor and Society", Blackhall Place, Dublin 7. 10 November, 1981: Continuing Legal Education Seminar. "The Financial Control of a Solicitor's Practice." Blackhall Place, Dublin 7. 10.00 a.m. - 5.00 p.m. Fee: £30.00. 13 November, 1981: Law Society Symposium. "Farm/Family Partnerships", Blackhall Place, Dublin 7. 20 November, 1981: Incorporated Law Society of Ireland. Dinner Dance, Blackhall Place, Dublin 7. Dinner: 8.30 p.m. Dancing: 10.00 p.m.-2.00 a.m. Subscription: £15.00. 26th November 1981: Medico-Legal Society "Keening for Forensic Science" (Speaker: Professor James E. Starrs, Professor of Law and Forensic Science, George Washington University, Washington DC). United Services Club. 8.15 p.m. 28 November, 1981: Kerry Law Society. "Wills and Taxation Planning", Earl of Desmond Hotel, Tralee, Co. Kerry. 11th December, 1981: Mayo Bar Association Annual Dinner Dance. Breaffy House Hotel, Co. Mayo. Tickets available from Patrick O'Connor, Solicitor, Swinford, or Anne Nolan, Solicitor, Castlebar.

to refuse to pay a higher rent: as the Supreme Court pointed out, the tenant benefits from a delay in fixing a new rent in th at even though payment must be backdated, he has the use of the money until such time as the amount is fixed (and perhaps even until the next following gale day) without any obligation to pay interest. 12 • 1. 119771 2 All E.R. 62. 2. Tyrrell, "Rent Review Clauses — When Time Means Money" (1978) 72 I.L.S.I. Gazette 179. 3. (Unrep.) (S.C.) Record Nos. H.C. 1979/1354 P.; S.C. 1980/33 (19/11/1980). 4. 4th ed.. Vol. 9, Para. 481. 5. 6th ed., (1921) at 502. 6. For instance, in BungeCorpn.v. TradaxSA .[ 19811 2 All E.R. 513 it was held by the House of Lords that stipulations as to time inmercantile contracts should generally be treated as conditions, breach of which (no matter how minor) entitle the innocent party to treat thecontract as at an end. This reflects the tendency towards the strict interpretation of commercial contracts evinced in Photo Production Ltd. v. Securicor Transport Ltd. 119801 1 All E.R. 556 and A/SAwilco\. Fulvia SpA di Navigazione [1981] 1 All E.R. 652 (discussed in Pearce and Tomkin: "Judicial Attitudes to the Construction ofWritten Contracts" (198 1) 75 I.L.S.I. Gazette (July-August, 1981). 7. The Times Law Report 18th May 1981. 8. See below p. 198. 9. 11977] 2 All E.R. 62 at 75 and 97-98 respectively. 10. See the Burnley case I 19771 2 All E.R. 62 at 84 per Lord Simon, and the judgment of O'Higgins C.J., in Hynes Ltd. v. Independent Newspapers Ltd. 11.119771 2 All E.R. 62 at 89. 12. Express provision could be made for the payment of interest. Mr. Justice Gerald Harris — Kenya A syndicated news item was printed in several Irish newspapers last January to the effect that Mr. Justice Gerald Harris had been dismissed by President Moi of Kenya as the result of having acquitted a man on a murder charge. This information was totally incorrect being due to a wrong interpretation of the gazetting of the revocation of his appointment as an acting Judge by the President of Kenya. Mr. Justice Harris, who was called to the Irish Bar in 1927, and subsequently to the English Bar (Middle Temple) was for a number of years a contributor to the Irish Law Times and Solicitors' Journal. He went to Kenya in 1952 where he practised as an advocate, becoming President of the Kenya Law Society in 1963, and was appointed a Judge of the Supreme Court in Kenya in April 1965 being the first person appointed after Kenya achieved its independence. In May 1974 he attained the then statutory retiring age and, having agreed to continue as an Acting Judge, was so appointed. In October 1980 being then in his 75th year, he notified the Chief Justice of his desire to retire from the Bench and this request was granted by a formal revocation of his appointment gazetted on 2 January, 1981. In accordance with the provisions of the Constitution of Kenya, Mr. Justice Harris continued in office until the end of March, 1981, in order to dispose of a number of part-heard cases. He has now retired and continues to live in Nairobi. • Messrs. Mason, Hayes*& Curran, Solicitors, have asked that the following notice be published:^

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