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GAZETTE
SEPTEMBER 1981
to refuse to pay a higher rent: as the Supreme Court pointed
out, the tenant benefits from a delay in fixing a new rent in
th at even though payment must be backdated, he has the use
of the money until such time as the amount is fixed (and
perhaps even until the next following gale day) without any
obligation to pay interest.
12
•
1. 119771 2 All E.R. 62.
2. Tyrrell, "Rent Review Clauses — When Time Means Money"
(1978) 72 I.L.S.I. Gazette 179.
3. (Unrep.) (S.C.) Record Nos. H.C. 1979/1354 P.; S.C. 1980/33
(19/11/1980).
4. 4th ed.. Vol. 9, Para. 481.
5. 6th ed., (1921) at 502.
6. For instance, in
BungeCorpn.v. TradaxSA
.[ 19811 2 All E.R. 513
it was held by the House of Lords that stipulations as to time inmercantile
contracts should generally be treated as conditions, breach of which (no
matter how minor) entitle the innocent party to treat thecontract as at an
end. This reflects the tendency towards the strict interpretation of
commercial contracts evinced in
Photo Production Ltd.
v.
Securicor
Transport Ltd.
119801 1 All E.R. 556 and
A/SAwilco\.
Fulvia SpA di
Navigazione
[1981] 1 All E.R. 652 (discussed in Pearce and Tomkin:
"Judicial Attitudes to the Construction ofWritten Contracts" (198 1) 75
I.L.S.I. Gazette (July-August, 1981).
7.
The Times
Law Report 18th May 1981.
8. See below p. 198.
9. 11977] 2 All E.R. 62 at 75 and 97-98 respectively.
10. See the
Burnley
case I 19771 2 All E.R. 62 at 84 per Lord Simon,
and the judgment of O'Higgins C.J., in
Hynes Ltd.
v.
Independent
Newspapers Ltd.
11.119771 2 All E.R. 62 at 89.
12. Express provision could be made for the payment of interest.
For Your Diary . . .
7 November, 1981:
Law Society Symposium.
"The Doctor
and Society",
Blackhall Place, Dublin 7.
10 November, 1981:
Continuing Legal Education Seminar.
"The Financial Control of a Solicitor's Practice."
Blackhall
Place, Dublin 7. 10.00 a.m. - 5.00 p.m. Fee: £30.00.
13 November, 1981:
Law Society Symposium.
"Farm/Family
Partnerships",
Blackhall Place, Dublin 7.
20 November, 1981:
Incorporated Law Society of Ireland.
Dinner Dance,
Blackhall Place, Dublin 7. Dinner: 8.30
p.m. Dancing: 10.00 p.m.-2.00 a.m. Subscription: £15.00.
26th November 1981:
Medico-Legal Society
"Keening for
Forensic Science"
(Speaker: Professor James E. Starrs,
Professor of Law and Forensic Science, George
Washington University, Washington DC). United Services
Club. 8.15 p.m.
28 November, 1981:
Kerry Law Society.
"Wills and Taxation
Planning",
Earl of Desmond Hotel, Tralee, Co. Kerry.
11th December, 1981:
Mayo Bar Association Annual Dinner
Dance. Breaffy House Hotel, Co. Mayo. Tickets available
from Patrick O'Connor, Solicitor, Swinford, or Anne
Nolan, Solicitor, Castlebar.
Mr. Justice Gerald Harris
— Kenya
Messrs. Mason, Hayes*& Curran, Solicitors, have asked
that the following notice be published:^
A syndicated news item was printed in several Irish
newspapers last January to the effect that Mr. Justice
Gerald Harris had been dismissed by President Moi of
Kenya as the result of having acquitted a man on a
murder charge. This information was totally incorrect
being due to a wrong interpretation of the gazetting of the
revocation of his appointment as an acting Judge by the
President of Kenya.
Mr. Justice Harris, who was called to the Irish Bar in
1927, and subsequently to the English Bar (Middle
Temple) was for a number of years a contributor to the
Irish Law Times and Solicitors' Journal. He went to
Kenya in 1952 where he practised as an advocate,
becoming President of the Kenya Law Society in 1963,
and was appointed a Judge of the Supreme Court in
Kenya in April 1965 being the first person appointed
after Kenya achieved its independence. In May 1974 he
attained the then statutory retiring age and, having agreed
to continue as an Acting Judge, was so appointed.
In October 1980 being then in his 75th year, he
notified the Chief Justice of his desire to retire from the
Bench and this request was granted by a formal
revocation of his appointment gazetted on 2 January,
1981. In accordance with the provisions of the
Constitution of Kenya, Mr. Justice Harris continued in
office until the end of March, 1981, in order to dispose of
a number of part-heard cases. He has now retired and
continues to live in Nairobi. •
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