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GAZETTE
SEPTEMBER 1979
26. Mr. Justice Finlay, (1977) 71
IncorporatedLaw Society ofIreland
Gazette
176.
27.
Id.
28.
Vide
S.22(l) and (2) of the 1976 Act.
29. in the context of divorce, a wide variety of different types of
conduct, apart from physical violence, has been held to constitute
cruelty. These include abuse, threats, nagging, uncontrollable fits
of drunkeness and wilful communication of venereal disease. See
A. Shatter,
supra,
119, 120.
30. "Violence is a form of molestation, but molestation may take
place without the threat or use of violence and still be serious and
inimical to mental and physical health"
per
Viscount Dilhorne in
Davis v. Johnson
[1978] 1 AH E.R. 1132, 1144f.
31.
Vide Vaughan
v.
Vaughan
[1973] 3 All E.R. 449.
32. Section 18(2) and (3) of the 1978 Act.
33. The English superior courts of course are governed by the 1976
Act.
34. M.D.A. Freeman, "Violence in the home - More New
Legislation" (1978) 128 N.L.J. 924, 925.
Legal aid in Northern
Ireland
New proposals for civil legal aid in Northern Ireland will
bring it into line with the recent Legal Aid Act which
applies in Great Britain.
An Order in Council follows the substantial increases in
the financial limits for legal aid, advice and assistance
which came into operation in Northern Ireland earlier this
year.
Legal Aid is now available free to those with a
disposable income of under £1,500 a year. Those with a
disposable income between £ 1,500 and 3,600 a year pay a
contribution on a sliding scale. Under the proposed Order
this contribution would be reduced.
The Order would also mean that where a person is
getting assisted legal advice from a solicitor, the solicitor
may also represent him in court, without a separate
application for legal aid being made.
The Order would also enable the Northern Ireland
Office, when economic circumstances permit, to provide
legal representation before tribunals and statutory inquiries
for eligible persons.
The aim is to maintain parity between the legal aid
schemes in Northern Ireland and Great Britain and these
measures will do that according to Minister of State
Michael Alison.
"The proposed Order will not only improve the legal aid
scheme and make it more readily available, but should
enable us to simplify the assessment procedures, reduce
delays and make some saving in administrative costs", he
added.
Copies of the Proposal can be obtained from HMSO
Chichester Street, Belfast.
Dublin Solicitors
Bar Association
Notes
Recent Retirements
The Association marked recently the retirement of two
notable figures in Dublin legal circles. Indeed, in one case,
the person concerned can truthfully be said to have
contributed to the Solicitors' profession at a national
level!
Mr. Willie O'Reilly retired from his position with the
Incorporated Law Society or Ireland, after a career of
over 30 years, during which he became a one-man
institution in his own right, a friend and helper to the
entire profession. Willie O'Reilly's reitrenemt has already
been noted in the Gazette, but the Association was
concerned to show the appreciation of Dublin Solicitors
of the many serives which he rendered to them over the
years and marked the event with a small presentation,
made on the 6th June 1979.
The other eminent figure to receive a modest memento
from the Association is a man whose help will be missed
particularly by Dublin Practitioners. Mr. Matthew
O'Gradha retired recently from the position of Chief
Clerk of the Dublin District Court. Several over-lapping
generations of Dublin Solicitors will miss his friendly
advice, which has helped many a young Solicitor — and
many not-so-young Solicitors — solve their various
problems connected with the practice and procedure of the
District Court.
The Association extends the best wishes of all its
members to Mr. and Mrs. O'Reilly and to Mr. and Mrs.
O'Ghrada.
Mrs. O'Reilly, of course, remains a familiar figure in
Blackhall Place, where she continues to dispense
hospitality to members with all her noted kindness and
efficiency.
CONVEYANCING NOTES
Adjudication of Stamp Duty on old Building leases
The Society made representations to the Revenue
Commissioners about the difficulties which practitioners
faced when they were asked to adjudicate the stamp duty
on old building leases. The Revenue Commissioners
indicated that it was not possible for them to grant what
would amount, in effect, to an amnesty in these cases.
Practitioners will have noticed however, that the
Revenue Commissioners do not now appear to raise any
queries upon applications to adjudicate building leases
dated prior to the 5 April 1963. Full documentation
continues to be sought in respect of any leases dated after
that date.
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