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GAZETTE
APRIL 1981
WHAT'S NEW?
A Miscellany of Recent Legal References
by
Andrew Dillon, Solicitor
Did you know
—that the British High Court has held that in assessing
the amount of financial provision from a husband to
wife on divorce it may be proper to consider periods
spent in unmarried cohabitation prior to marriage. In
K. v. K.
the parties had lived together for 24 years
prior to marriage and for four months thereafter
(Times,
4.12.1979, p. 15).
—that the U.S. Supreme Court has ruled that a person
who engages in criminal conduct does not auto-
matically become a "public figure", unable to com-
plain of defamation, unless he can show actual malice
by the Defendant.
(Wolston
v.
Readers Digest, New
Law Journal,
3.1.1980, p. 20).
—that the British Court of Appeal has rules that the
Court has no jurisdiction, either statutory or inherent,
to grant a declaration of paternity (see in re
JS, Times,
23.1.1980, p. 10).
27.7.1980, p. 2). This subject might be discussed more
generally in Ireland as, as yet, there is no legislation
compelling solicitors to take out insurance in this
country. In New Zealand, the Legal Practitioners'
Amendment Act 1980 has recently introduced a
scheme of compulsory professional indemnity insur-
ance.
-that in California's Supreme Court, a claim has been
allowed for damages for emotional and mental distress
when no physical injury was suffered. Plaintiff sued a
hospital for reporting that his wife had syphilis, which
was untrue and led to the collapse of Plaintiff's
marriage.
(Milien v. Kaiser Foundations
Hospitals,
Nat. Law Journal,
3.9.1980, p. 3).
-that the Liberian Government has, in its wisdom
decided that should one be caught importing
marijuana, the culprit should be held in port until such
time as the entire consignment has been smoked - by
the culprit. (West Africa, 6.10.1980, p. 1992).
—that in Britain a new form of Writ is to be introduced
by the Rules of the Superior Courts, which will replace
the 'Entry of an Appearance in response to the Writ'
by an 'Acknowledgement of Service'.
(Solicitors'
Journal,
25.1.1980).
—that we may all expect to hold and EEC driving licence
as and from the beginning of 1983, which will be
issued and recognised by all member states, except
Britain ('Euroforum', No. 12, 1980 p. 7).
—that Afghanistan has, not surprisingly, acquired a new
Constitution. Unlike Chile, whose government has
decided to hold a referendum on the matter, the central
committee of the Democratic Peoples Party has simply
adopted one. This presumably saves the much
harrassed Afghanis the trouble of voting. (Neue
Zurischer Zeitung, 16.4.1980, p. 4).
—that the State Government of Queensland is to restrict
abortion to women who are at risk of death or serious
physical injury, or likely to commit suicide should the
pregnancy continue
(Times,
18.4.1980, p. 10).
—that slavery has at last been abolished in Mauritania?
The military committee of national salvation
announced this on 5th July 1980 to the great relief, one
is sure, of the Irish Anti-Slavery Movement.
Apparently the country's Islamic judicial experts
advised this move, but did propose that former slave
masters should receive full compensation.
(West Africa
Report,
14.7.1980, p. 1312).
—that the English Bar has agreed on the principle of
compulsory insurance for negligence liability
(Times,
Wood &
Associates
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