The Gazette 1980

GAZETTE

APRIL 1980

Most Practitioners will have found Irish Land Law

(1975) of great assistance. I am informed that Mr. Wylie

has been prevailed upon to up-date both Irish Land Law

and Irish Conveyancing Law (as the need arises) by

means of supplements. Accordingly the present edition of

Irish Conveyancing Law will not be superceded and I

understand that the first supplement thereto is presently

being considered to take cognizance of (inter-alia) the

abolition of Wealth Tax, the 1978 Landlord and Tenant

Acts, the Landlord and Tenant Bill of 1979, The Law

Society's new form of Requisitions, and recent decisions

on Conveyancing matters such as those arising from the

Family Home Protection Act 1976.

In my opinion no Practitioner can afford to be without

this volume of Irish Conveyancing Law and we are indeed

extremely fortunate to be provided with a modern text and

reference book (written in plain English) covering such an

important segment for daily practices.

Frank O'Flynn.

Review of "The Modern Cases on Negligence". By

Richard Bingham. Third Edition, 1978.

Sweet &

Maxwell, London. Price £28.00.

The Irish legal profession, solicitors equally with

barristers, should be aware of the latest edition (Third

Edition, 1978) of Richard Bingham's "The Modern

Cases of Negligence". One can perceive no more helpful

way of focusing one's mind legally on a particular

problem arising in this most common area of practice

than to open Mr. Bingham's book and find, among the

2,873 cases, one or more which (to quote the author in

the preface to the first edition in 1961) "provides(s) those

who handle personal injuries claims at any stage with a

quick and convenient method of reference to the current

trend of decisions on any particular aspect which may

arise . . .". The book contains a summary or category

reference to all or virtually all the English reported

decisions, as well as unreported Court of Appeal

decisions of which transcripts are available in the Bar

Library in London. Some 500 of the 2,873 cases in this

edition are unreported. The growing volume of cases in

this area of the law is seen from the increase in the

number compared with the second edition (1964) which

contained 1,995 cases and compared with the first edition

(1961) which contained 1,646 cases, all of which cases

are not earlier than the year 1936.

Of course, the value to the Irish practitioner of

references to unreported English Court of Appeal

decisions (of which transcripts are only readily available

in the London Bar Library) is limited, but there are

enough well summarised reported cases in any particular

category of the subject to recommend its practical useful-

ness.

The book is broken into three main parts:

Part 1 deals with the more general areas, including duty

of care, standard of care, proof of negligence and

defences;

Part 2 deals with particular classes, including liability

under Donoghue v. Stevenson, dangerous things under

Rylands v. Fletcher, animals, and liability of occupiers

for dangerous premises;

Part 3 deals with consequential matters, including

damages, pleading and practice, and costs.

Each part is broken down into specific categories of

cases. By way of example, under the main heading of

"Standard of Care" is a sub-category, "Reasonable",

with a summary at the beginning of that sub-category of

nine summarised cases, such as "Reasonable man —

neither over-apprehensive nor over-confident" —

"Reasonable man — not a paragon of circumspection" —

"Reasonable man — the average man in his good

moments"!

What would be of even more benefit to the Irish legal

practitioner (solicitor and barrister) would be an Irish

supplement to Bingham, particularly if it contained

summaries of the many unreported decisions of the

Supreme Court and the High Court on the topic of

negligence. The preparation of such a supplement (with

the approval of Mr. Bingham!) would be a very worth-

while activity for a young practising barrister, not yet

overworked, who wanted to ensure that no older

colleague out-manoeuvred him by being able to call to

mind, while on his feet in the course of legal argument, an

unreported decision of years ago, of which everyone

except himself and the judge had forgotten.

In conclusion, an amusing reflection of a recent

development in the law of negligence is contained in the

preface to this third edition, when the author states:

"Finally, I have to turn to the subject of Errata and

Addenda. Previous editions seem to have been

reasonably clear of these vices, but one can never be

wholly sure on these matters, and accordingly, with

the precepts of

Hedley Byrne v. Heller

in mind, it has

to be said that the contents of this book are put

forward without responsibility in law on the part of

myself or the publishers and that neither I nor the

publishers assume any duty of care (as distinct from a

duty of honesty) in relation therewith."

It does seem unlikely, from the painstaking way this

edition (like the previous editions) has been prepared, that

Mr. Bingham will have to rely on this exemption clause!

Michael V. O'Mahony

INCORPORATED LAW SOCIETY OF

IRELAND

PRESENTATION OF PARCHMENTS

The next Presentation of Parchments will take

place on Wednesday 25th June, at 4.00 p.m.

at Blackhall Place, Dublin 7.

The number receiving parchments will be

limited to 75 persons each of whom may bring

two guests. This limitation will not prevent

apprentices who do not secure a place from

entering on the Roll of Solicitors.

Professor Richard Woulfe

Director of Education

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