208 / 436
GAZETTE
JULY/AUGUST
1990
and a plenitude of absorbing
commentary thereon. Lest all of
this might denote an over-academic
leaning, such is far from being the
case. The main thrust of the book
is in the practical direction, as can
be perceived from an examination
of its Contents.
Messrs. Wylie and Farrell have
negotiated admirably the labyrinths
of Notices to Quit and Ejectments,
and dispel much of the confusion
which has incumbered their inci-
dental procedures. Here and
elsewhere the litigation lawyer will
find plenty of fodder.
Irl addition to the foregoing,
readers will be interested in the
attention given to constitutional
implications, and the observations
derived from the workings of the
Law Reform Commission. At this
stage, one wonders whether the
helpful recommendations of the
latter are ever going to be
implemented.
I do not subscribe to the veiw
that a critic is little short of
worthless, unless he goes some
way t owa r ds cas t i ga t i ng his
subject. This book has not left itself
open to such an attack, but, in the
area of personal choice (though
certainly not of censure), some
points may merit mention: —
( 1 ) 1 would, within Chapter 31,
have preferred a slightly
different approach whereby
the respective topics of rever-
sionary leases, sporting leases
and freehold acqu i s i t i ons
would be discussed separately
with appropriate cross-refer-
ences, rather than on the basis
of single texts to cover their
common incidents.
( 2 ) Some Chapters might have
devoted more space to non-
Irish Cases and developments.
This, of course, runs counter
to our normal plea, but there
are subjects (as for instance,
rent reviews and repairing
covenants) where, thankfully,
there is a paucity of case law
here as measured against the
unhappy abundance else-
where. However, commentary
on the more vital issues not
experienced
here
could
provide useful guidelines, in
addition to identifying unsus-
pected minefields. The fact
that the text (so far as the
same is pertinent to recent
developments) has more or
less been confined to Irish
case law may be a recognition
of the strength and independ-
ence of our own Courts,
coupled with the simple and
practical objective that the
book had to be kept within
manageable limits.
( 3 ) The oft-recurring problems
faced by a landlord whose
tenant goes into liquidation
could, perhaps, be ventilated
in future -supplements.
( 4 ) Without • launching into the
complexities of the Value-
Added Tax code, some space
might conceivably be devoted
to the manner in which this
tax is assessed on the supply
represented by the granting of
a Lease.
The foregoing are merely a few
passing thoughts, and, on reflect-
ion, these may be beamed towards
specialisations, which are beyond
the intended scope of the above
Volume. The latter eschews detail-
ed commentary on such peripheral
matters as Stamp Duties, Taxation
and Land Registry procedures nor
does it contain the full texts of
Statutes, Rules or precedents.
Somewhat surprisingly, the very
informative comments on Insur-
ance make no reference to the
decision in Mark Rowlands Limited
-v- Berni Inns Limited - a non-Irish
case, but one whose outcome
seems to have met with general
approval here.
This review has been dictated to
meet a deadline, and I have not
checked statutory and like re-
ferences. Given the exceptionally
high standards manifested through-
out, I see no reason to doubt their
adequacy. The misprint gremlin has
a number (comparatively few) of
minor successes, which can be
sorted out readily, as can the one
or two instances where there may
be a lack of cohesion in cross
references.
Of undoubted value to aca-
demics, practitioners and students,
this splendid addition to our
bookshelves will have a lasting
impact, particularly if the up-dating
service is maintained to as high a
standard as the original.
PATRICK F AGAN
Clerk & Lindsell on Torts
16th Edition (1989, Sweet &
Maxwell. Stg.£135.00.
When one looks at the 16th Edition
of Clerk & Lindsell and all it con-
tains that is new, it is hard to
visualise the contents of the First
Edition published 100 years ago in
1889. Where were such pivotal
cases as
Dulieu -v- White
(1901),
Donoghue -v- Stevenson
(1932)
and
Junior Books -v- Veitchi
(1983);
and what about the
Mareva
and the
American Cyanamide
decisions of
1975?
Whatever the First Edition
contained, practitioners and law
students alike throughout those
100 years of organic judicial
development of the law of torts,
have come to know Clerk & Lindsell
as the seminal English work on the
subject. The Irish law student
learns very early on how to make
maximum use of English law books
- take everything on board except
the post-1922 statutes. Now, at
least for torts, since McMahon &
Binchy was first published in 1981,
both student and practitioner in
Ireland better know what is 'wheat'
and what is 'chaff' before seeking
more detail from English sources.
However compact one's legal
bookshelves might be, there should
be room made for this new edition
of Clerk & Lindsell, with all its
1,700 pages and notwithstanding
its relatively high cost. The Irish
common law practitioner in
possession of McMahon & Binchy
& Clerk & Lindsell can confidently
confront the researching of any tort
problem.
This edition is, as with previous
editions, well laid out in numbered
chapters/paragraphs - with the
con t r i bu t i ons of t he various
members of the editorial team
(under the general editor, R.W.M.
Dias) being indicated in the Table of
Contents. The 16th Edition was
substantially completed by October
1988, but subsequent changes
have caused additions and modifi-
cations in proof up to mid-1989. As
heretofore, Sweet & Maxwell will
publish Cumulative Supplements at
intervals to keep this monumental
work up to date.
M I C H A EL V. O ' M A H O NY
192