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benefits and conditions as to work on the land as
exist amongst nationals of the country to which
they have migrated.
9. Transport legislation is not on the same footing
as that of agriculture, as legislation in this realm
tends to simplify the customs procedure as much
as possible, in order that the foreign buyer may
obtain the goods ordered as quickly as possible,
but much remains to be done.
10. The French Agricultural Credit Corporation was
established
in
1920 on
a
local,
regional and
national basis and since 1950 has advanced much
more
funds
to
farmers
to
improve agriculture
than any banks. It grants long
term
loans at
4.5% and short term loans at
7%.
11. Although there is a tendency in the continent at
the moment to have a milk surplus, if the policy
of disposing of cattle is pursued,
this will soon
cease. There is also
likely to be a shortage of
pigs in the Common Market. Furthermore there
are great differences in agricultural methods in the
various parts of France, Germany and Italy.
12. Despite
the aims of
the European Commission
in Brussels, it is not possible
to obliterate com
pletely national characteristics, and to produce a
completely unified Common Market, unless broad
principles are agreed upon.
INTEREST ON DAMAGES
Since the decision of the English Court of Appeal in
Jefford and another v. Gee (1970 1 ALL E.R 1202)
the English practice has differed from practice in Ireland
in regard to the award of interest on damages. Success
ful plaintiffs in common law proceedings for damages
have a substantial grievance in that it may well pay a
wealthy defendant to lodge notice of appeal which may
take a year to come to hearing during which period he
will have the use of the plaintiff's money (assuming that
the appeal is successful) at a very low rate of interest
having regard
to current financial conditions. Under
Order 58, rule 21 of the rules of the Superior Courts
1962 on an appeal from the High Court interest for such
time as execution has been delayed by the appeal shall
be allowed unless the Supreme Court otherwise orders
and the Taxing Master or other proper officer may
compute such interest without any order for that pur
pose. This rule relates only to appeals to the Supreme
Court and interest will be at 4 per cent, which is inade
quate. It would be fairer to allow interest at current bank
rate. A case can be made for the allowance of interest on
the amount of the damages in the event of a verdict for
the plaintiff from the date of institution of proceedings,
having regard to the delays which may occur owing to
pressure of business in some Courts or caused by the
tactics of defendants.
The
following principles were
laid down by
the
English Court of Appeal
in
the case of Jefford and
another v. Gee mentioned above under the Law Reform
(Miscellaneous provisions) Act 1934 as amended by
Section 22 of the Administration of Justice Act 1969
which amendment obliges the Court to award interest
but does not alter the principles which the Courts should
apply under the 1934 Act.
1. Interest should be awarded to a plaintiff not as
compensation but for being kept out of money
which ought to have been paid to him.
2. On special damages interest should ordinarily be
awarded on the total sum of the special damages
from the date of accident until date of trial at half
the appropriate rate of interest allowed on
the
general damages. Any recovery of special damage
from some other quarter should be
taken
into
account in awarding the interest.
3. On damages for loss of future earnings no interest
should be awarded because a plaintiff will not have
been kept out of any money but on the contrary
will have received it on advance.
4. On damages for pain and suffering and loss of
amenities interest should be awarded at the appro
priate rate from the date of service of the writ to
the date of trial.
5. On damages under the Fatal Accidents Acts and for
loss of expectation of life under the Law Reform
(Miscellaneous
Provisions
(Act)
1934
interest
should be awarded at the appropriate rate from
the date of service of the writ to the date of trial.
6. The appropriate rate of interest on general damages
should be
the rate allowed on money in Court
placed on short term investment account and the
rate should be taken as the average rate so allowed
over the period for which interest is awarded.
7. To carry out the 1934 Act as amended, the Court
should
itemise
the damages and
the
judgment
should state the rate of interest and the period for
which it is awarded. The interest should be stated
as a gross sum without deducting tax.
8. Payment into Court should be made as before
without regard to interest. If a plaintiff recovers
more than the payment in, apart from interest, he
will get his costs and if he recovers no more than
the payment in, apart from interest, he will not get
his costs from the date of payment in and will have
to pay the defendant's costs. In either case a plain
tiff will get
the appropriate award of
interest
irrespective of the payment in but if he takes the
money out of Court in satisfaction of his claim he
will not be entitled to interest under the 1934 Act
as there will have been no judgment.
9. In exceptional cases, e.g., of gross delay the Court
may diminish or increase the award of interest or
alter the period for which it is allowed.
One effect of this judgment is that it is incumbent on a
plaintiff who claims damages for pain and suffering and
his Solicitor
to
institute proceedings at
the earliest
possible date as interest will run only from the date of
service of the writ. There are possibilities of actions for
negligence against Solicitors under
this head where
there is unnecessary delay in the institution of proceed
ings. The whole
law and practice on this matter in
Ireland requires investigation and amendment. It would
be appropriate in connection with the pending Courts of
Justice Bill to confer greater power on the rule making
authority to fix the rates of interest and to make rules
of court which would alter the present balance to pro
duce a more equitable result for claimants.
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