The Gazette 1990

GAZETTE

' APRIL 1990

I R I SH B U I L D I NG A N D

E N G I N E E R I NG C A SE LAW

Edited by J o hn M. E. Lyden

and Michael MacGrath.

[Society of Chartered

Surveyors in the Republic of

Ireland, 1989, xii, 595pp.

IRE95 . 00]

Irish Building and Engineering Case

Law

is a very welcome addition to

the increasing number of books

available dealing specifically with

Irish Law. Many recent important

decisions relating to the laws of

contract and tort in the U.K. have

been handed down in construction-

related cases. Whether or not these

decisions will be followed by the

Irish courts remains to be seen, but

insofar as the law here and in the

U.K. diverges, a book such as the

one under review, becomes all the

more valuable.

Described by the Editors John

Lyden, Chartered Quantity Sur-

veyor and the Consultant Editor,

and Michael MacGrath, Barrister at

Law, as "An Index and Digest of

Irish Cases relating to Building and

Engineering Law and other matters

of interest to surveyors, architects,

contractors and engineers" the

work should also be of considerable

interest to both barristers and

solicitors.

The Editors record major Irish

cases on building and engineering

law decided since 1890. Also in-

cluded are references to other

cases relevant to construction law

in Ireland. Generally, however,

cases dealing with arbitration,

personal injuries and planning have

not been included. I hope that in

preparing future editions the

Editors will give consideration to

the inclusion of Case Notes on

such topics.

The layout of the work is admir-

able. Case Notes of over 320 de-

cisions are set out, and in addition

there are more detailed "Digest"

notes of 35 judgments, together

with the Editors' commentary. The

Introduction includes a helpful

guide on how to use the book.

Where appropriate, Case Notes or

Digests are cross-referenced to

other relevant decisions, textbooks,

articles etc. A very comprehensive

subject index is included.

The Digest deals with many im-

portant decisions, recent and old,

having relevance to those involved

with the construction industry

including:

Curley -v- Mulcahy

(professional

negligence - architect's duty

and standard of care in contract

and tort);

Egan & Sons -v- John Sisk

(negligence - damages

remoteness - economic loss);

Glow Heating Ltd. -v- Eastern

Health Board

(trust rights -

payments

nominated

sub-contractors).

Two of the decisions included in

the Digest, namely,

John Sisk &

Son Ltd. -v- Lawter Products

(de-

cision of Mr. Justice Finlay) and

J. Hegarty & Son Ltd. -v- the Royal

Liver Friendly Society

(decision of

Mr. Justice Murphy) were con-

sidered by Mr. Justice Costello in

the case of

Rohan Construction

Ltd. -v- Antigen Pharmaceuticals

Ltd.

which was decided in January

of last year. All three cases dealt

with the contractor's right to re-

ceive payment on foot of certi-

ficates in circumstances where the

Employer claimed the right of set-

off in relation to claims for

damages. Mr. Jus t i ce Finlay

decided that the provisions of the'

RIAI Conditions of Contract (1966

Edition) were not consistent with

the right of set-off. Mr. Justice

Murphy came to a different

conclusion in the

Hegarty

case

(which concerned the 1977 RIAI

edition). There is in fact no material

difference between the two

editions of the RIAI Conditions. Mr.

Justice Costello in the case before

him decided that the contractor

(Rohan Construction) was entitled

to payment on foot of interim

certificates issued by the Architect,

notwithstanding his acknowledge-

ment of the fact that the Employer

(Antigen) had a bona fide claim for

damages.

One small quibble with this

otherwise excellent work: The

Digest includes notes on the judge-

ment of Mr. Justice Gannon in the

High Court in the case of

Priority

Construction Ltd. -v- Ennis Urban

District Council

but omits to state

that the judgement was subse-

quently vacated by the Supreme

Court.

The Editors are to be applauded

for the extensive research that they

have undertaken in preparing this

work and the Society of Chartered

Surveyors in the Republic of Ireland

are to be congratulated for the

support given by them. This book

is recommended to all lawyers who

may from time to time be called

upon to advise on building or

engineering matters.

T imothy Bouchier-Hayes

GC SE LAW.

By W J Brown. [London:

Sweet & Maxwell. 1989. xix

+ 298 pp Stg£6.95]

The aim of this book is to help

candidates prepare for the GCSE

examination in law. Accordingly, the

book is of limited usefulness in this

jurisdiction.

The authors provides a simple

overview of the law in the United

Kingdom. The fourth edition has

been updated to include recent

developments in the law. Written in

a clear style, the text covers many

wide-ranging topics including

topics such as the nature of law,

the administration of law, legal

personality, civil liberties, contract,

the law of torts, criminal law and

welfare law. There is an emphasis

on the practical aspects of the

application of law to everyday

situations. Students are helped to

understand fundamental legal con-

cepts by extracts and illustrations,

such as a case report and a statute.

Revision questions, specimen ex-

amination questions and suggested

coursework titles are included at

the end of each chapter to assist

progress through the course. The

book concludes with a section on

examination technique, sample

examination papers and lists of

addresses from which useful

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