153 / 328
have any knowledge of her condition. In an action
in which the sole issue was damages she was awarded
£15,000 general damages, £879 i8s. nd. special
damages for loss of earnings, £2,000 damages for
loss of future earnings and £400 damages for loss
of expectation of life.
No claim was made for
damages for pain and suffering.
The defendants
appealed on the issue of the quantum of the damages
and it w
as held by the Court of Appeal (Sellers and
Upjohn
L.JJ., Diplock L.J. dissenting) that general
damages must be assessed on an objective basis and
should be in the nature of compensation for the
injury suffered so far as money was appropriate
thereto. The fact that the plaintiff would never be
able to enjoy personally her award for damages and
was ignorant of the loss suffered due to her condition
were both irrelevant.
In the circumstances the
award of general damages made by the trial judge
was upheld.
It was further held that in assessing
future loss of earnings it was wrong to take into
account sums which the plaintiff would have earned
during the normal span of her life had it not been
shortened by injury and that, therefore, the award
under this head should be reduced to £1,500.
(1962 i Q. B., page 638).
Application for Appointment of a Receiver by way of
Equitable Execution: "Local Government (Superannuation}
Act,
1956 :
District Court Decree.
A plaintiff obtained a decree in April 1962 in
the Dublin Metropolitan District Court for the sum
of £22 I2S. 2d. representing the debt and £3 145. 6d.
costs making the total sum due on foot thereof
£26 6s. 8d. The plaintiff subsequently learned that
the defendant had given notice to Dublin Cor
poration, his employers, to terminate his employment
with them with the intention of going to England
and that he v/as entitled to a refund from the
Corporation of contributions paid by him to the
superannuation fund. The plaintiff made an applica
tion to the Circuit Court for the appointment of a
receiver by way of equitable execution over a sum
representing the amount which would be payable
to the defendant, returnable to him under section 44
. of the Local Government (Superannuation) Act,
1956.
The application had to be brought in the
Circuit Court as the District Court has no power to
appoint such a receiver. The Circuit Court judge
in dealing with the application referred first to the
effect of section 61 of the Act above referred to which
makes void any alienation of the pension payable by
a local authority and he stated that he felt inclined to
hold that any sum payable by a local authority under
the Act came within section 61 and that the section
was not confined merely to pension payments. The
decision was given, however, on the general question
of the powers of the court and the judge held that
the order sought was a method of executing a judg
ment and by reference to definitions 4, 8 and 9 given
in the Circuit Court Rules 1950 he felt compelled
to hold that the word "judgment" meant a judgment
of the Circuit Court only, in this context.
The
application was therefore refused. (The facts of this
case were kindly supplied by a member).
OBITUARY
MR. WILLIAM E. CHAPMAN, Solicitor, died on the
22nd August, 1962.
Mr. Chapman served his apprenticeship with the
late Mr. A. S. McCoy, Waterford, was admitted in
Michaelmas
sittings
1913 and practised at
22
O'Connell Street, Waterford.
THE REGISTRY
Register A.
PARTNERSHIP
available
in old-established and expanding
practice in town near provincial city. Energetic young solicitor
with some experience sought. Please reply, with fullparticulars
to Box No. Aig6.
ASSISTANT SOLICITOR required for the undersigned city firm.
Fullparticulars from S. S. & E. Reeves & Sons, 51, Merrion
Square, Dublin, z.
Register C
Re
MICHAEL MANGAN, deceased. Will any Solicitor or other
person who drew or has possession of any Will of Michael
Mangan, late of The Lots (or Knocknagoshel West), Knockna-
goshel, County Kerry, farmer, who died on the 25th February,
1962, please communicate with Messrs. Maurice J. Woulfe &
Son, Solicitors, Abbeyfeale, County Limerick. The deceased
was a patient in hospital in Cork from 1957 to 1959.
REGISTRATION OF TITLE ACTS, 1891
AND 1942
ISSUE OF NEW LAND CERTIFICATE.
Applications have been received from the regis
tered owners mentioned in the Schedule annexed
hereto, for the issue of Certificates of Title in
substitution for the original Certificates issued in
respect of the lands specified in the said Schedule,
which original Certifictaes, it is alleged, have been
lost or inadvertently destroyed.
A new Certificate will be issued in each case,
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of
Title is still in existence, and in the custody of
some person other than the registered owner. Any