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••APRIL, 1923]
The Gazette of the Incorporated Law Society of Ireland.
51
From Messrs. Molony and Owens :
Barnewall and Adolphus ; Reports, Vols. 1-5.
Bythewood's Conveyancing by Jarman, 1829-
1834, 10 Vols. and Index.
Chitty's Equity Index, 2 Vols.
Circuit Reports in Ireland, 1841-42-43.
Edge : Leases, 1875.
Irish Equity Reports, Vols, 2, 3, 5, and 6-11.
Mylne and Keen's Reports, Vol. 1, 1834.
Nolan and Kane :
Landlord and Tenant,
1874.
Pratt's Index to the Term Reports.
Sugden : Vendors and Purchasers (2 Vols.),
llth edition, 1846.
Long-Established Firms.
A member practising in Dublin, admitted
in 1879, whose grandfather of same surname
was admitted in 1802, and practised till
1859
in Dublin, and whose father was
admitted in 1852, and practised till 1902 in
Dublin (thus for 121 years a member of the
family has been practising either alone or in
partnership
in Dublin),
is
desirous
of
ascertaining if any other Dublin Solicitor has
a longer family record of continuous practice
at the profession in Dublin. The Solicitor
would be glad if replies were sent to the
Secretary of
the Society, 33 Molesworth
Street.
Recent Legal Decision.
HOUSE OF LORDS.
RUSSELL, APP. :
RUDD,
RF.SP.March 20, 1923.—
Workmen's Compensation—
Agreement for payment of a lump sum in
settlement of all claims
—
Validity.
Appeal from an Order of the Court of
Appeal (England) setting aside an award of
the Judge of the Edmonton County Court.
In October, 1920, the appellant sustained
an injury by accident arising out of and in
the course of his employment with the
respondent, and the respondent, without
entering into an agreement with the appel
lant, paid him the maximum amount of
compensation, 35s. per week until August,
1921.
In June, 1921, the appellant agreed
to
accept, and
the
respondent
agreed
to pay, " the sum of £75 in full settlement
" and discharge of all claims in respect of
" the aforementioned accident," and the
respondent forwarded a memorandum of
agreement
to
the Registrar
to have
it
recorded. The Registrar refused to record
the agreement on the ground of inadequacy,
and referred the matter to the County Court
Judge. On the cesser of the weekly payment
in August, 1921, the appellant filed a request
for arbitration. The County Court Judge
refused to record the memorandum, and made
an award in favour of the appellant of
13s. 6d. per week. The Court of Appeal
ordered the award to be set aside and the
agreement to be recorded.
The House by a majority (Viscount Cave,
L.C., Lords Dunedin, Shaw and Buckmaster ;
Lord Carson dissenting) reversed the Order
of the Court of Appeal and restored the
award of the County Court Judge.
In the
opinion of the majority, apart from the
provisions of the Act relating to the redemp
tion of
a weekly payment,
it was not
competent for an injured workman of full
age to enter into an agreement with his
employer for the acceptance of a lump sum
in settlement of all claims under the Act,
inasmuch as that was a contracting out of
the Act within the meaning of S. 3, Sub-s. 1.
(Reported
Weekly Notes,
7th April, 1923.)
Examination Results.
At the Intermediate Examination held on
1st March, the following passed, and their
names are classed and arranged in order of
merit :—
CLASS I.
1.
James A. Ennis.
2.
James Tanham.
3. Edward A. Margetson.
4.
James P. Kennedy.
5.
Joseph Brazil
\
William J. Craig
j" e1ua1 '