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(4) The Act does not affect any provisions in articles
of association regulating the execution of documents
by any particular company or body corporate.
Section
4 which is intended for the protection of
the revenue makes it an offence for any person to
part with the possession of a blank transfer which
has been delivered pursuant to a sale of securities
before it has been completed. This is intended to
prevent the sale and sub-sale of securities pursuant
to blank transfers without paying the appropriate
stamp duty on each transaction.
The Act will come into operation on a date to be
appointed by Ministerial order.
THE COURTS BILL, 1963
This Bill which was introduced by the Minister
for Justice makes provision for the appointment of
one extra Circuit Court Judge who shall be movable
or fixed as the President of the Circuit Court shall
direct. Section 3 makes provision for the alteration
of circuits which shall be effected by the Minister
acting in consultation with the President of the
Circuit Court and the Judges of the Circuit Court if
any, permanently assigned to the circuits to which
the Order will relate. The Act also provides in
Section 5 that the Justice of the District Court may
take vacations at such times as may be approved of
by the Minister for Justice.
CASE LAW
Civil Liability Act—apportionment of blame—costs
Sections 24 and 42 of the Civil Liability Act, 1963
were considered in the case of O'Connor
v.
Nelligan
by the President of the Circuit Court sitting at
Killarney. It was found that in a claim for damages
arising out of a collision of two vehicles in County
Kerry, the defendant was 75% negligent and the
plaintiff 25% negligent.
The President reduced the total amount of damages
sustained by the plaintiff by 25% and gave a decree
for the net amount (after the reduction of 25% from
the gross damages), which decree amounted to
.£200 6s. id. The defendant had lodged in Court
the sum of £151. Counsel for the defendant con
tended that
the costs should
follow
the same
proportion as
the damages, and he referred to
Section 42 of the Act. The submission of counsel
for the plaintiff was that Section 42 applied only
where a counterclaim had been brought by the
defendant and its application was discretionary. He
further argued
that the costs should be costs
simpliciter on the decree for £200 6s. id., as the
reduction had already been made and the damages
due to the 25% degree of negligence on the part
of the plaintiff.
The President, Judge O'Briain,
held that on the facts and circumstances of the case
the costs should be on the decree for £200 6s. id.
simplicter, as no counterclaim was in issue and
accordingly Section 42 of the Civil Liability Act,
1961 did not apply.
(Irish Law Times
1 4th, 1963.)
Solicitors' Journal,
December
Arbitrators' fees
In Government of Ceylon
v.
Chandris (1963.
2. All. E.R.i) Megaw J. considered the meaning of
"tax" or "settle" in section 18, sub-section i of
the Arbitration Act of 1950.
The case which concerned a dispute relating to
a charter party went to arbitration and the arbitrators
disagreed. An umpire was subsequently appointed
who made no attempt to assess the value of the
arbitrators' service or the remuneration which they
could fairly claim to be paid for the work they had
done. However, he did include in the award the
fees which they had asked him to include, since he
thought that this was in accordance with the usual
practice in such cases. The learned Judge held that
this amounted to " misconduct " and remitted the
award for reconsideration of the question of the
costs of the award.
Held :
that the sub-section mentioned above gave
the umpire the power to " tax " or " settle ". These
words meant the application of the umpire's own
independent mind, to the fees demanded and the
work done in order to be satisfied that they were
fair and reasonable, bearing in mind, however,
the interest of the party who would have to pay
them, as well as
the legitimate interest of the
arbitrators.
The section states
that " unless a
contrary
intention
is
expressed
therein, every
arbitration agreement shall be deemed to include
a provision that the costs of the reference and
award shall be in the discretion of the arbitrator or
umpire, who may direct to and by whom and in
what manner those costs or any part thereof shall
be paid, and may tax or settle the amount of costs
to be so paid or any part thereof ".
There might be cases where the umpire should
satisfy himself that the fees put forward by the
arbitrators have in fact been fixed and agreed
between the parties whether the arbitrators have
express authority from the respective parties so to
agree or otherwise.
In such case an umpire need
not go behind the agreement to investigate the
agreed fees. However, in the present case there was
no suggestion that there had been any such agree
ment or authority on the part of the arbitrators to
agree so as to bind the parties.
(I.L.T.R. & S.J.,
December yth, 1963.)
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