207 / 436
GAZETTE
JULY/AUGUST
1990
procedure in the prosecution of a
winding-up petition. With the
exception of this last element and
not forgetting the decision of
Kenny J. in
Re Irish
Tourist
Promotions
Ltd.
(1974) that this
remedy is available even when the
company is insolvent, this analysis
and discussion would be the most
valuable to the Irish reader.
While there are many similarities
between the "unfair prejudice"
remedy in England and the remedy
for oppression and disregard of
interests provided by Section 205
of the 1963 Act, the differences are
still of such an order as to make
chapter 4 largely of academic
interest only to the Irish reader.
Those interested in the Irish remedy
would be best advised to consult
any of the Irish textbooks of which,
happily, there is now no shortage.
In chapter 5 the author turns to
a consideration of the personal
rights of shareholders based on the
English equivalent of Section 25 of
the 1963 Act. The implications of
the contracts implied by this
section have received considerable
attention in recent years and this
contribution provides a sound
assessment of the current state of
the law. The author also examines
in this chapter duties owed by
directors to shareholders person-
ally, particularly in the context of
contested takeovers. Both these
subjects are developing rapidly and
the author provides a reliable chart
by which to navigate.
The book concludes with a look
at some miscellaneous rights and
a useful appendix containing pro-
visions which might be inserted in
a company's memorandum or
articles to p r o t ect mi no r i ty
shareholders.
The author has managed to
present a difficult area of the law
in a clear and eminently readable
style and his book is recommended
to all those interested generally in
company law and particularly those
interested in the protection of
minorities.
GERARD J. M E E H AN
IRI SH L ANDLORD A ND
T E N A N T LAW
[By J.C.W. Wylie, LL.M., LL.D -
Butterworth (Ireland) Limited -
(pp. Tables: 100 - Text: 750
approx. - Index: 38) IRE95.00
(including binder)]
In prefacing the above, the author,
Professor J.C.W. Wylie, indicates
that its aim " is to provide Irish
practitioners with a comprehensive
statement of the law of landlord
and tenant". To say that this
objective has been achieved is an
under-statement of such magni-
tude as to border on insult. That
achievement per se is almost a
sufficient recommendation of the
merits of a book whose pedigree
and title must have mantled it with
best seller status from inception.
Such recommendation does not,
however, lie solely in expectation.
The work itself is one upon which
eulogical superlatives may be
lavished in abundance, and with
ample justification.
Legal publication with an Irish
dimension has developed signifi-
cantly over the past few years, and
this volume serves as a reminder of
the huge debt of gratitude owed to
the Professor and to those who
introduced him to our needs. Here,
he has collaborated w i t h a
Consultant Editor in the person of
John Farrell M.A., S.C. - a most
able and highly regarded expert in
the titled field.
The book, which is published by
Butterworth (Ireland) Limited, is
presented most attractively in
loose-leaf format, and its under-
taking is to be continued with
periodic supplies of up-dating
material. The textual paragraphs
throughout have been numbered,
and combine readily with excellent
footnotes and cross-references.
The Index and very full Tables of
Statutes, Rules and Cases have
been carefully prepared.
So much could be said about this
work that it is, perhaps, best to
start with the basics. It encom-
passes a wonderfully researched
and stimulating treatise on the
named subject as applied in this
jurisdiction with a considerable re-
levance apropos Northern Ireland,
the law being stated as at 1st
October, 1989. The contents
(whether shaped as text, dis-
cussion or footnote) are informative
and authoritative, and there is such
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a profusion of detail that one tends
to forget that the book does not
pretend to be specialist in all
phases. As ever with John Wylie,
the refreshing clarity and simplicity
of expression belie the depth and
breadth of the underlying material.
Notwithstanding the proliferation
of enactment over recent years, it
is quite astounding to be reminded
that so much of our landlord and
tenant law is still governed by
legislation emanating from the last
century, or, alternatively, stems
from decisions of equal or greater
antiquity. This book deals with
these historical aspects - includ-
ing a full treatment of the relevant
provisions of Deasy's Act - in a
manner bo th interesting and
practical, and invariably then views
them in the current context. Like-
wise, the relevant legislation of the
past two decades or so is explained
in detail, while there is (where
appropriate) ample discussion on
lesser k nown and discarded
statutory provisions. Additionally,
the work is virtually bursting with
references to decisions handed
down by the Irish Courts with
copious excerpts from judgments
191