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Notes and Comments
THE LAW REFORM COMMISSION
It is not surprising that, after the dedication with
which Mr. Justice Brian Walsh had conducted as
Chairman the Committee of Court Practice and Pro-
cedure, and had assisted in producing almost twenty
reports on various projects of law reform i
n
those
subjects, the learned Judge should have been appointed
full-time Chairman of the new Law Reform Com-
mission which officially came into force on 20th Octo-
ber. The President of the Circuit Court,
Mr. Justice
Charles Conroy,
has surprisingly been appointed a
full-time member to this Commission, presumably as
an expert in Landlord and Tenant Law which requires
widespread changes; he has never endeared himself to
the profession as a result of his brusque manners. Pro-
fessor Heuston,, the Dean of the Faculty of Law of
Trinity College, gained a place on the Commission,
presumably as an expert writer on English Constitut-
ional Law, and as the Editor of Salmond on Torts. It
is more difficult for us to appreciate the academic legal
standing of our colleagues, Martin Marren, but pre-
sumably his practical experience will be of immense
benefit. The inclusion of a non-lawyer, Miss Burke, of
the Social Science Department in University College,
Dublin, will be controversial, particularly as there were
some well-qualified women academic lawyers available.
However to give the Attorney-General his due, Mr.
Costello had been strongly pressed to make such an
appointment in the Seanad Debate on the Bill. Judg-
ment about the work achieved by the Commission will
be reserved for one year to see what progress will be
made, but the English example of appointing
full time
academic lawyers
to the Law Commission should have
been adhered to.
JUDICIAL CHANGES
As a result of Mr. Justice Walsh assuming the
Chairmanship of the Law Reform Commission, a
vacancy arose in the Supreme Court, which has been
filled by the promotion of
Mr. Justice Kenny
f r om
the High Court. Mr. Justice Kenny is universally re-
spected as a very eminent Chancery jurist who delves
deeply into cases and produces learned and readable
judgments. His place on the High Court Bench has
been taken by
Mr. James McMahon, S.C., who was
well known as an excellent lawyer who prepared his
cases with exceptional care, particularly those involving
deep research, and was an authority cm the construct-
ion of complicated contracts. As a result of the vacancy
created by the retirement of Mr. Justice Conroy,
Judge John Durcan,
former Judge of the Western
Circuit, has been appointed President of the Circuit
Court. This appointment will be universally welcomed,
as Mr. Justice Durcan, as the former Senior Circuit
Court Judge, is greatly esteemed for the courtesy and
care with which he undertakes his cases.
Judge David Sheehy
has now been appointed
as additional permanent Judge in the Dublin Circuit,
while Judge Stephen Barrett has been assigned
to the Western Circuit.
Mr. Frank Martin, S.C.
who is a
n
expert on in-
surance law, has been appointed an additional tem-
porary Circuit Judge; as a former colleague, his ap-
pointment will also be popular with the profession.
The appointment of
Mr. Patrick Lindsay, S.C.
as
Master of the High Court is somewhat controversial;
this position has been vacant for three years, ever
since Master O'Leary retired, and
Mr. Patrick
Dunphy
with his expert knowledge of Court practice
and procedure has been successfully acting as Deputy
Master ever since.
Mr. Patrick J. Dunphy
Mr. Patrick J. Dunphy, Solicitor, has retired as
Deputy Master on Friday, 31st October. Mr. Dunphy
has an unrivalled knowledge of High Court practice
and procedure, having joined the Central Office as a
young solicitor in 1938 after having been admitted
in 1932. He was a Senior Court Clerk until 1946
wh en he was appointed Assistant Registrar of the High
Court. He was subsequently appointed Registrar in
1950, and in 1958 was appointed under the Courts
Acts as the Officer having superintendanee and con-
trol of the offices attached to the High Court. Owing
to his exceptionally competent knowledge of High
Court and Supreme Court procedure he was appointed
Deputy Master in January, 1972, upon the retirement
of Mr. John O'Leary, S.C., Master of the High Court.
Mr. Dunphy's exceptionally unrivalled, detailed and
competent knowledge of High Court and Supreme
Court procedure is a masterful asset which it is ex-
pected he would be willing to place at the disposal of
any Dublin firm which should be glad to avail of his
services. The fact that, after his long service, Mr.
Dunphy only received three weeks notice of terminat-
ion is deplorable.
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