570 / 736
loan, make life a good deal easier for the solicitors
and valuers concerned than the British legislation
which provides that it is the open market price
that is to be effective.
J.F.B.
Ernest Cockle,
Cases and Statutes on Evidence.
Eleventh edition by G. D. Nokes; 8vo; pp. xxvii +
590 (London, Sweet & Maxwell, 1970; £3-10-0).
Despite
the claims originally made by Mr.
Cockle in the first edition of this work in 1913,
that it was the first attempt to present cases on
evidence systematically, this reviewer has never
been an advocate of this work, as he considered
that to present long chunks from judgments in old
cases as authoratative was misleading. Professor
Nokes was faced with the problem of editing this
work, and, in view of the clarity and precision of
his own textbook on evidence which has under
gone no less than four editions in seventeen years,
it is unfortunate that he did not decide to write
a completely new textbook on cases on evidence.
It is satisfactory to note that no less than thirty-
four modern cases decided since 1950 have been
included in this edition, including Jones (1962),
Davies
(1954), Rumping
(1962), Teper
(1957),
Bratty (1951), Selvey (1968), and Conway v Rim-
mer (1968). It is unfortunate that amongst all the
editors of Cockle, there appears to be an aura
about the dicta of English judges which Irish and
Commonwealth lawyers do not necessarily share.
Professor Nokes would be well advised to take
more heed of dicta of Irish and Commonwealth
judges in future editions. Otherwise this edition
with its up-to-date annotations is a great improve
ment on its predecessors.
G.G.D.
Current Legal Problems, 1970. 8vo; pp. vii + 272
(London, Stevens, 1970; £4-18-0).
This is the twenty-third annual volume of the
well-known series, "Current Legal Problems", and
under the distinguished editorship of Lord Lloyd
and Professor Schwarzenberger,
continues
its
unabated success with learned articles by members
of the Faculty of Law of the University of London.
The former Lord Chancellor, Lord Gardiner, has
presented a forceful case against fusion of the
legal professions in his article of "Two Lawyers
or One?" Master Jacob, an expert on court pro
cedure, has examined learnedly the inherent juris
diction of the Supreme Court in its control over
process, persons, and powers of inferior courts and
tribunals. Mr. Baker has given an instructive his
torical account of that well-be-known doctrine in
the law of contract,
non est factum.
The present
system of suspended sentences under the English
Criminal Justice Act, 1967, is fully considered by
Mr. Saeed. Mr. Prentice writes about the case law
arising from the drunken dirving provisions of
the Road Safety Act, 1967, while Dr. Rideout
contributes learnedly to the possible solutions to
avert strikes. The question whether the English
Merchant Shipping Bill, 1969, can be considered
to be a "Seaman's Charter", is dealt with learn
edly by Mr. Cadwallader, while Mr. Brown con
siders the case of the North Sea Continental Shelf
dealt with by the International Court of Justice,
in 1969. Dr. Bin Cheng, contributes an illumin
ating article on "Liability for Spacecraft", while
Professor Schwarzenberger himself,
in his own
inimitable way, has given full thought to the
problem of
"Law, Order and Legitimation".
Altogether a most interesting volume, well worth
reading, but
the publishers might consider a
paperback edition at a much reduced price.
C.G.D.
W. Friedmann and J. F. Garner,
Government
Enterprise; a comparative study. 8vo; pp. xii +
351 (London, Stevens, 1970; £4-10-0).
This is the fifth volume in the series "British
Institute Studies in International and Compara
tive Law", published by the learned editors under
the auspices of the Institute. It consists of papers
delivered at a Colloquium in Cambridge Univer
sity in September 1968 under the direction of Dr.
Friedmann and Professor Garner. In Part I, com
prising 100 pages, the position of public corpora
tions in the United Kingdom is fully considered;
this is of particular interest to us, in view of the
numerous public corporations
in
Ireland. The
contributions of Professors Garner and Robson
are outstanding, and such matters as investment
control, external borrowing, prices and wages
policy, and parliamentary accountability and judi
cial as well as ministerial control are fully con
sidered. The second part, comprising some seventy
pages, deals with the continent of Europe in which
public enterprises in France and Germany, and
public corporations in Italy and Sweden are fully
dealt with. Part three, comprising some 120 pages,
deals with other countries, and considers public
corporations in the United States, Canada, Aus
tralia, Israel and East Africa. Part four contains
a learned and most useful report on "A Compara
tive Analysis of Government Enterprise" by Dr.
Friedmann :
an analysis is made of the different
114