The Gazette 1976

J U NE/J U LY

GAZETTE

1976

successful plea of innocence in a charge of attempting to drive a car while d r unk— The State v. Coelman Porter (1961) Ir. Jur. The important principles relat- ing to manslaughter by a driver as a result of Davitt P.'s decision in Attorney General v. Dunleavy (1948) I.R. is fully considered. In the People v. Gallagher (1972) I.R. Kenny J. established that it was hence- forth not necessary in order to establish a dangerous driving charge, that the accused's dangerous driving was the sole cause of the accident. In the People v. Messitt—{\91%) I R. 406—the Supreme Court gave full consideration to the terms "wounding" and "grievous bodily harm". In dealing with contempt of court, the case of Re (T Kelly— Supreme Court, 30 July, 1973—is duly noted. In the chápter on Public Mischief, the author fails to point out that Gavan Duffy, P. did not consider this a crime as it was the duty of the police to pursue investigations no matter how involved. The important case of People v. Dwyer —(1972) I.R.—in which the Supreme Court directed a new trial on self- defence is fully given, but the equally important Northern Ireland case decided by the House of Lords— Lynch v. Director of Public Prosecutions for Northern Ireland —(1975) 1 All E.R. 913—appears to be omitted. The vital decision of the Supreme Court in People v ()'Ca!laghan—( 1966) I.R. relating to bail is fully re- ported but the vital principle in Bourke v. Attorney General (1972) I.R. that henceforth travaux prepara- toires are admissible as evidence, is not stressed. It is hoped that the author's painstaking work, which entailed much research, will be amply rewarded.

Professor Diamond, from his vast experience as a Law Commissioner, gives examples of "Repeal and Desue- tude of Statutes". In "Roots of Title Today", Professor Pritchard of Nottingham has shown how gradually the equitable doctrine of constructive notice has disappeared from modern English conveyancing. Mr. Austin, a Lecturer in University College, London, in considering "Judicial Review of Subjective Discretion", deals in detail with ultra vires ; he favours the reasoning that, as in Coleen Propert'es v. Minister of Housing and Local Government (1971) I W.L.R. 433, the Minister was held to have acted without jurisdiction because the statutory reason for his confirmation of a local requisi- tion, was unsupported by evidence. Mrs. Freeman, in considering "References To the Court of Justice under Article 177", considers at length Lord Denning's judg- ment in Bulmer v. Bollinger (1974) 2 All E.R. The following guide-lines for a Reference were laid down : (1) The point in the judgment must be conclusive; (2) A previous ruling by the Court of Justice on substantially the same point can be followed by the English Court; (3) the doctrine of the "acte clair"— the English Court may consider the point is reasonably clear and free from doubt; and (4) the facts must be decided first, therefore it is not open to refer a prelimin- ary po nt to the Court. But essentially the mechanism of Article 177 depends on judicial co-operation. Pro- fessor Brown writes learnedly on a contemporary prob- lem that is causing much concern, namely the compe- tence to establish and enforce standards in the preven- tion of marine pollution by oil from ships, particularly the International Convention of 1973 Mr. Butler, in considering "The Sources of Soviet Law", emphasies that all Soviet legislation receives un- ammous endorsement in the Soviet Parliament. In practice the legal acts of the Presidia are superior to all others. Acts of the U.S.S.R. Council of Ministers are issued on the basis of laws in force, and are binding throughout the Soviet Union. Judgment of Courts are not deemed to be precedents. Soviet Courts are for- bidden to cite decrees or rulings of higher Courts in their judgments; nor are the teachings of Soviet jurists regarded as a source of law. It will thus be seen that the work "Current Legal Problems 1975" does not belie its title, and many legal experts have given us the benefit of their views in relation to their particular field Cole, J. S. R. — Cases on Criminal Law. Dublin : Golden Eagle Books, 1975. xi, 240p. 22cms £5.50. £5.50. This book, as its title suggests, deals essentially with Irish Cases on Criminal Law; it is a pity that the word "Irish" has been omitted, and practitioners of Criminal Law will be well aware of most of the cases decided from 1924 to 1951 by the Irish Court of Criminal Appeal which had already been adequately dealt with by Sandes. Mr. Cole has wisely concentrated on the more recent cases, particularly as some of them are un- reported and thus unavailable. It need hardly be stressed that, in order to confine the book within reason- able limits, many of the judgments were not quoted in full, but extracts from the more important points in judgments are included. There is a useful short sum- mary as to the effect of each decision at the beginning of each judgment, and if the matter has been con- sidered subsequently in a later judgment, there is a note to that effect. Under the heading of "Inchoate Crimes" four cases of attempt are dealt with, including an un- 88

LODGEMENT OF INFANTS' MONEY IN COURT

LODGMENT OF INFANTS' MONEY IN COURT

Solicitors are reminded of their duty to ensure that no loss will accrue to an infant through any unreasonable delay in dealing with Orders of the Court as to lodg- ment of infants' moneys in Court. As soon as the relevant Court Order is perfected the Solicitor concerned should immediately bespeak same and attend the Accountant with an attested copy of the Schedule of the Order so that no undue delay will occur in complying with the directions of the Court. It is to be understood that in the absence of a satis- foctory explanation for such delay the Court may have to consider the question of recoupment of the infant's loss by the person responsible. Normally a delay of more than seven weeks from the perfection of the Order would be regarded as unreasonable

J. K. Waldron,

Registrar.

9th June 1976.