216 / 462
GAZETTE
JUNE 1992
Administrative Law in Scotland
and Judge G. Federico Mancini,
(Court of Justice), who writes on the
free movement of workers in the case
law of the European Court of
Justice.
Irish judges consider various aspects
of constitutional law in Ireland.
Chief Justice Finlay writes on the
Constitution of Ireland in a
changing society. Mr Justice
McCarthy provides observations on
the protection of fundamental rights
in the Irish Constitution. Mr Justice
Brian Walsh's topic is entitled "The
Judicial Power, Justice and the
Constitution of Ireland". The judge
as law-maker is considered by Mr
Justice Declan Costello. The
problems of constitutional
interpretation are reviewed by Mr
Justice Donal Barrington. Nial
Fennelly, SC, Professor James Casey
and Anthony M. Collins, Legal
Secretary, (Court of Justice) write on
other aspects of constitutional law.
Other contributors include James
O'Reilly, SC, on the Common
Fisheries Policy in Community law,
Professor Deirdre Curtin on the
decentralised enforcement of
Community law rights, Professor
David O'Keeffe on the public service
exception to free movement of
workers, Karen Banks on
Community sex equality law, Dr
John Temple Lang on the widening
scope of constitutional law and
Mary Finlay-Geoghegan, SC, on the
status of non-implemented Directives
before the Irish courts.
This is a book by leading judges and
scholars who themselves have made
a significant contribution to
constitutional jurisprudence. This
book contains timely commentaries
on, and insightful contributions to,
the current debate on constitutional
interpretation. Thoughtful lawyers
will welcome this publication. In
fact, as books of this nature are
rarely reprinted, this book will
become a collector's item.
Eamonn G. Hall
A Case Book on Company Law
by
Lyndon MacCann (Butterworth
(Ireland) Ltd. 1992, 644pp £29.50
paperback)
This is a most welcome addition to
recent textbooks on company law in
Ireland and is a suitable companion
to Keane (second edition) to which
the author regularly refers.
The book contains twenty one
chapters with excellent indices of
statute law and case law (some 500
cases) together with an overall
reference index. Given the breadth of
the subject Mr MacCann is to be
congratulated in choosing, in
addition to what may be termed
standard reference cases, virtually all
Irish reported cases since 1922 and a
considerable number of unreported
cases. For that alone the book ought
to be purchased by all practising
lawyers.
Mr MacCann has included in each
chapter a concise informative
treatment of the chosen topic and
the references and notes contain a
wealth of source material. Seminal
decisions are placed alongside more
recent authorities assisting in a
better understanding of general
principles and comprehension of
trends in judicial thinking.
Undoubtedly, a better understanding
of leading judgments is achieved
when these cases are read
alongside more modern decisions
which apply those principles in
disputes familiar to practising
lawyers.
The book deals with areas of
"fringe" interest to the subject such
as retention of title (problems of
which arise in virtually every
insolvency), criminal liability and
civil liability of auditors including
the recent cases of
Sisk
-v-
Flinn;
Kelly
-v-
Haughey Boland;
and
Caparo
-v-
Dickman
i.e. can an
investor recover against the auditor
where he establishes that the auditor
was negligent in the preparation of
the final accounts and thus the
"prize" is more tarnished than
appreciated at the time of the
takeover?
Given the recent enactment of both
the 1990 Companies (Amendment)
Act and the 1990 Act it is not
surprising that Mr MacCann had
few cases to include in a case book
dealing with the same. He has,
however, incorporated the provisions
of the legislation throughout
the text and has dealt with the
Amendment Act in Chapter 21
setting out the legislative framework
and including the decisions of the
High Court in both
Goodman
and
Jetmara.
The substantive changes in
company law brought about by both
Acts are far reaching and the
willingness of litigants to test the
legislation encouraging. This may
well justify a second edition sooner
than Mr MacCann may have
wished.
Cormac O'Hanlon
•
* ASKUS
WW
TRANSLATION
SERVICE
•
Translation
All Languages
•
Interpreting
Consecutive and
simultaneous
•
Liaising
with foreign clients
•
Serviced offices
Secretarial services in
European languages for
visiting businessmen
ASKUS MEANS
BUS INESS IN ANY
LANGUAGE
Askus House
130 Rathgar Road, Dublin 6
Tel: 01-972120/972140
Fax:01-972139
192