302 / 328
Kildare County divided into two Jury Districts (Athy and
Naas) after i September, 1963—173/1963.
Kildare County—Criminal Trials Triable from panel of Jurors
in either Naas or Athy Jury District—174/1963.
Sherriff's fees Order 1963, relating to Execution Order for
Revenue Proceedings in the High Court or Circuit
Court—230/1963.
Superior Court Rules (No. i), 1964—38/1964.
MISCELLANEOUS.
SUBJECT MATTER AND
REFERENCE NUMBERS.
Curragh (Co. Kildare) Bye-Laws, 1964—7/1964.
Female Clerks Provident Fund (Amendment) Scheme (Con
firmation) Order, 1964—17/1964.
Holidays (Employees) Act, 1961—6 January appointed a
church Holiday unless it falls on Sunday—265/1963.
International Convention for the Prevention of Pollution of
the Sea by Oil, 1954 accepted by the United Arab Republic,
Jordan and the Dominican Republic—240/1963.
Internation Convention for the Safety of Life at Sea, 1948
accepted by Hungary, Mexico, Nigeria and Tunisia—
239/1963.
Secondary Teachers'
Superannuation
(Married Women)
(Amendment) (No. 2) Scheme, 1963—244/1963.
Vocational Education (Grants for Annual Schemes of Com
mittees) Regulations, 1963—219/1963.
POST OFFICE.
SUBJECT MATTER
AND
REFERENCE NUMBERS.
Broadcasting—Television Licences increased to £5 per annum
and Radio Licences increased to
£i 55.
od. per annum
after i November, 1963—199/1963.
Inland Telegraph (Specified) Charges increased—179/1963.
Telegraph (Inland Written Telegram) Amendment (No. 8)
Warrant, 1963—179/1963.
Wireless Telegraphy (Control of interference from Ignition
Apparatus) Order, 1963—223/1963.
SOCIAL SERVICES.
SUBJECT MATTER AND REFERENCE NUMBERS.
Social Welfare (Contributions) (Amendment) Regulations,
1963, in force from 6 January, 1964—263/1963.
Social Welfare
(Disability, Unemployment and Marriage
Benefit) (Amendment) Regs., 1963 in force from 6 January,
1964—258/1963.
Social Welfare (Overlapping Benefits) (Amendment) Regs.,
1963 in force from i November, 1963—217/1963.
Social Welfare (Old Age) (Contributory Pension) (Transitional)
(Amendment) Regs., 1963—229/1963, 247/1963.
TRANSPORT AND TRAFFIC.
SUBJECT MATTER AND REFERENCE NUMBERS.
Castlebar (Co. Mayo) Parking Bye-Laws, 1963—11/1964.
Cement Acts, 1933-1958—Uses of Railway Sidings extended to
subsidiaries and associates—243/1963.
Merchant Shipping—Certain Canadian Certificates of Com
petency recognised—180/1963.
Merchant Shipping—Increased fees payable in relation to
Certificates and Surveys after i January, 1964—266/1963.
Road Traffic (Construction, Equipment and Use of Vehicles)
Regs., 1963 in force from 27 October, 1963—190/1963.
Road Traffic (Lighting of Vehicles) Regs., 1963 in force from
27 October, 1963—189/1963.
Road Traffic (Public Services Vehicles) Regulations, 1963 in
force from 27 October, 1963—191/1963.
Road Vehicle—Additional Index Marks prescribed for Dublin,
Cork Corporation, Carlow and Louth—8/1964.
Warsaw Convention, 1929 relating to International Carriage
by Air—Up-to-date list of High Contracting Parties—
18/1964.
Road Traffic Act, 1961—Provisions
relating
to driving
licences operated, and corresponding provisions of 1933
Act, repealed—28/1964.
Road Traffic (Licensing of Drivers) Regulations, 1964 in
force from 18 March, 1964—29/1964.
Howth Road, Dublin, Parking, Temporary Rules, 1964—
30/1964.
CURRENT
CASES
Appealfrom arbitrators award on costs
The principles on which an arbitrator has to act
in relation to the awarding of costs in an arbitration
are identical with those on which a judge in
court has to act in awarding costs. The costs nor
mally follow the event, but in the case of a court
decision while the judge has a discretion he must
nonetheless take account of the conduct of the
parties in the course of the hearing and the question
as to whether one particular facet of the claim
failed on which a large amount of time had been
spent. Furthermore,
the court in depriving a
successful claimant of his costs or a large part of
them must normally
indicate
the
reasons
for
following that course. If the judge applies a wrong
principle his decision will be reversed on appeal.
However in the case of an arbitration the arbitrator
is not bound to state specifically the grounds upon
which he bases his decision and even if his order
is challenged in court the court is not entitled to
require the arbitrator to state the reasons why he
made a particular order. In the course of his judgment
in Matheson & Co. Ltd.
v.
A. Tabah & Sons (1963.
2 Lloyds Rep. 270) Megaw J. stated that the court
was entitled to look at the award alone. In the
present case His Lordship stated that he had been
asked to look beyond the award at the affidavits
which had been put in by the parties in order to
consider whether on the matters there shown there
was material on which the arbitrator could have
properly exercised his discretion in the fashion
in which he did, In concluding his judgment Megaw
J. stated the parties should realise that if they
adopt arbitration procedure they will find that
where the arbitrator makes an award as to costs
which they regard as being unjust or unfair, the
possibility of their being able to procure review
and remedy for that in the Courts is very limited,
almost to the point of non-existence unless the
arbitrator himself sees fit, where the exercise of his
discretion is challenged to state his reasons so that
the Court can see whether they were sound in
principle. That, however, was a matter for the
parties.
(The l^aw Times Vol.
235, p. 16.)
82