297 / 336
Short Notes of English Cases
Negligence—duty of care—doctor failed to
diagnose malaria
The defendant, a general practitioner, failed to
diagnose malaria in his patient, who had shortly before
returned from Uganda. Held, that he was, on the facts,
guilty of medical negligence and was liable in damages
to the patient's widow:
Langley v Campbell,
"The
Times", November 6, 1975, Cusack J. (G.H.)
Negligence—expert valuation of shares
The plaintiff held shares in the private company in
which he was employed on terms that if his employ-
ment ceased he would sell back the shares at "a fair
value" to be determined by the company auditors. On
the shares for the purposes of sale and the shares were
the termination of his employment the auditors valued
sold back. Subsequently the shares were valued for
public offer at a sum allegedly six times as large. The
plaintiff, inter alia, sought damages against the de-
fendant auditors for a negligent valuation. On appeal
from the affirmation by the Court of Appeal of Bright-
man J.'s order striking out the statement of claim as
disclosing no cause of action, held, the statement of
claim disclosed a cause of action. The matter should
be remitted for trial to determine whether the auditors
acted as arbitrators and were entitled to immunity
thereby and whether a breach of duty had occurred.
Arenson v Casson, Beckman, Rutled
& Co., "The
Times", November 12, 1975, H.L.
Society of Young Solicitors Galway Seminar, November 1975
The full scripts given at this Seminar are available
and are priced as follows: —
Lecture 90:
Changes of the Law and Practice Relat-
ing to Maintenance proposed in the Family Law—
(Maintenance of Spouses and Children) Bill 1975,
by
Kevin Keeney,
B.L
. Price: £1.00. By post £1.10.
Lecture 91:
The Guardianship of Infants Act, 1964,
And Recent Decisions in Relation thereto by
The
Hon. Mr. Justice Liam Hamilton,
£0. 60p. By post
£0. 70p.
Lecture 92:
The Effect of Irish Law of Recent De-
velopments in EEC Law of Right of Establishment
by
Bryan McMahon, LLM, PhD., Solicitor.
£0.75.
By post £0.85.
Lecture 93:
The Drafting of Separation Agreements
by
Michael V. O'Mahony LL.M., Solicitor.
£1.60.
By post £1.70.
Regarding the Kinsale Seminar, the Advocacy Lec-
ture No. 89 is now available, it was not available at
the Seminar. The price of the Lectures given at this
Seminar are: —
Lecture 87:
Damages In Tort and in Breach of Con-
tract by
Patrick Connolly, Senioc Counsel.
£0. 50p.
By post £0. 60p.
Lecture 88:
Hire Purchase and Hiring Agreements
by
Peter Shanley, B.L.
£0. 80p. By post £0. 90p.
Lecture 89:
Advocacy
by The Hon. Justice
Finlay,
President of the High Court.
£0. 55p. By post £0. 65.
Unfortunately we have not as yet received the ap-
proved draft of the Lecture on Injunctions as the Lec-
turer hrs been heavily committed but we are hoping
that we may be able to have it available early in the
New Year. We are sorry to continue to disappoint the
many people who have been asking for this script".
All obtainable from Norman Spendlove, 94 Grafton
Street, Dublin 2.
Obituary
Mr. Denzil B. J. 0*Donnell, MA, LLB, (TCD),
died in Dublin on 13th November, 1975. Mr.
O'Donnell was admitted in Trinity Term,
1929, and practised first as a partner in
Thomas Gerrard & Co. at 25, Westmorland
Street, Dublin, and 31, Kildare Street, Dub-
lin. Since 1968, he has practised as senior
partner in the firm of Messrs. Gerrard, Scal-
lan and O'Brien at 69/71, St. Stephen's
Green, Dublin 2.
Lost Will
MARY, F. SHERIDAN, DECEASED,
who
died 24th Sep-
tember 1975, late of 5 Haigh Terrace, Dun Laoghaire,
Co. Dublin and formerly of Gubaveeney, Blacklion, Co.
Cavan. We have reason to believe that the above-named
deceased made a Will and should any Solicitor have
this Will or have any information that might help locate
same, kindly contact Alphonsus Grogan & Co. Solicitors,
33 Lower Ormond Quay, Dublin 1.
Notice
VACANCY FOR YOUNG SOLICITOR with early partner-
ship potential in busy commercial practice with well-
equipped offices. Good commencing salary with bi-annual
reviews, depending on ability and experience. Eoin C.
Daly & Co., 17 South Mall, Cork.