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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.
The Companies (Amendment) Act,
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.
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".
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.
Eamonn G Hall
•
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
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