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

'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

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,

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-

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

ate subjects, Dr. MacLeod has chosen

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

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

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

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-

115