The Gazette 1993

GAZETTE

OCTOBER 1993

newspapers reported the Law

Society's view that Ireland had one of

the most inadequate Civil Legal Aid

schemes in western Europe. The

Irish

Independent

of 29 September, 1993,

reported on the Viewpoint column of

the September issue of the

Gazette

which had criticised the inadequate

scope of the pilot scheme.

Call for Farmers' Tribunal

The Society's call for the

establishment of an Agricultural

Appeals Tribunal to hear appeals from

administrative decisions taken

affecting farmers by the Minister of

Agriculture and officials of the

Department of Agriculture was

reported in the

Irish Press

and

Cork

Examiner

of 17 September, 1993, and

in the following week in the

Kerryman, Kerry's Eye, Anglo Celt

and

Dundalk Democrat.

•

Barbara Cahalane

Soc iety Exhibi ts at

61st Ploughing

Championships

Thirty members of the Tipperary Bar

Association volunteered to staff the

Law Society stand at the National

Ploughing Championships in

Ballyclerihan, Clonmel, over the three

days of the event from 28-30

September last. The newly-designed

Law Society stand with attractive

colour photographs and graphics

bearing the slogan "See your solicitor

first for independent, expert advice",

attracted a large number of visitors.

The most frequent queries concerned

wills, the rules governing intestacy,

inheritance tax, transfer of land

ownership, leases, as well as a host of

other topics. The newly introduced

probate tax was the subject of many

queries and many examples of its

harsh effects emerged, such as the

case of a widow of a young farmer

who died leaving four children. The

farm is valued at £200,000 but there

are no liquid assets in the estate

leaving the widow to find £4,000 to

pay the tax.

•

302

Judgment Mortgages -

A False Dawn

(Continued from page 300)

14.(1896) 31 ILTR42.

15.(1897) 31 ILTR 166.

.Re

Flannery

(1971) IR 10;

Dardis and

Dunnes Seeds

Hickey

Kenny J., 1 1 July,

1974, Unreported.

17.(1867) LR 2 HL 220 at 232/3.

18.At

pages 4/5 of his unreported judgment.

19.(1861) 11 Ir. Ch. Rep. 365.

20.(1888) LR (Ir.) Vol XXI11 61.

21.(1888) LR (Ir.) Vol XXI11 61 at 85.

22.Supreme Court, 9 June, 1972 unreported.

23.Unreported judgment of 29 May, 1972

at p. 5.

24.At

page 6 of the Court's unanimous

judgment.

25.See Wylie's

Irish Land Law

(2nd Edition)

paragraph 13/175, 22/11.

26.(1971) IR 10.

27.(1930) IR 332.

28.(1971) IR 10 at 14.

29.(1858) 8 ICLR 301 at 308.

30.(1896) 31 ILTR 42.

31.(1950) 84 ILTR 160.

32.Ibid.

•Christopher Doyle BL is a practising

barrister.

•

Ret i r i ng?

The Law Society is a corporate

member of the

Retirement Planning

Council of Ireland,

which offers:

• retirement planning courses

• free counselling service

• retirement advice

• publications.

Contact:

Retirement Planning Council of

Ireland,

27 - 29 Lower Pembroke Street,

Dublin 2.

Tel: 01-6613139

Fax: 01-6611368

•

LAW

LIBRARY

PHONES

Solicitors phoning

barristers at the Law

Library are requested to

use the Direct Dial

Numbers which were

distributed with the June

issue of the Gazette.

Further copies are

available from the Law

Library -

phone

8720622.

Where a barrister is not at

his/her desk your call will

be answered either by

the switchboard or the

member's voicemail. The

only circumstances in

which the Direct Dial

number is not answered

is where the barrister has

forwarded calls to

another extension but is

not at that extension

when you phone.

John Dowling

Director