307 / 336
Court dismissed the appeal. The Special Arbitrator,
Mr. Owen McCarthy, held an arbitration for an
award of compensation, and referred a Special Case
Stated for the Court to determine two questions :
(1) Whether the Notice to Treat related to the 12th
March, 1973 or 2nd May, 1973.
(2) Whether the Arbitrator should have regard to the
transcript of evidence at the public enquiry.
S.78 of the 1963 Act sets out the procedure. When
the Minister confirms a Compulsory Purchase Order,
the local authority must publish in the Press a Notice
setting this out and stating where such Order may be
inspected. This Notice must be served on all persons
having an interest in the property who objected to the
Order. Any person desiring to question the validity of
an Order confirmed by the Minister may, within 21
days of publication, make an application to the High
Court. In such a case the Court may make an interim
Order suspending the operation of the Order. If the
Court decides not to quash the Order, the Order will
become operative on the date of the determination of
the application. It was contended for the claimant that,
as the High Court had made the original decision on
1st March, 1973, that this Order was the operative
Order, and the Notice to treat issued on 12th March
1973 was the relevant one; this was undoubtedly
the
decision of that Court if there had been no appeal. It
was contended for the Corporation that the Order
should only become operative when all possibility of
judicial review had been removed, as there is a consti-
tutional right of appeal to the Supreme Court. This
latter interpretation is undoubtedly the correct one.
In the
Deansrath Investment
Case,
(1974) I.R.,
Pringle J. and the Supreme Court held that the same
Arbitrator had been correct in holding that contraryt o
the submission of the local authority that he was bound
to fix the value of the zoned lands as agricultural land,
nevertheless valued them as being potentially suitable
for residential purposes. It follows that the value of the
lands to be assessed compulsorily is to be assessed as
being the market value of the full price of the lands.
The evidence at the Public Inquiry was to the effect
that the lands, if acquired by the Corporation, would
be used for residential development The confirmation
by the Minister of the Compulsory Purchase Order was
proof that he approved of this development. It is for the
Arbitrator from his knowledge and experience to decide
upon the weight to be given to the evidence; and this
he had done. The answers to the two questions sub-
mitted are :
(1) The time fixed by the Notice to Treat was 2nd
May, 1974.
(2) The Arbitrator should have regard to the tran-
script of the evidence only to the extent that, in
relation to a proposal by the Corporation to develop
the lands for residential purposes, the Minister
could consent to a change of zoning from agri-
cultural to residential development.
In re Poppintree—Balbutcher—Santry Compulsory
Purchase Order and in Re Murphy—Butler J.—un-
reported—31 st July, 1975.
Incorporated Law Society of Ireland
Examination Dates and Fees
Please note that the Society's examinations will commence on the following dates and the Closing Dates
are as shown :
Examination
Date of Commencement
Closing Date
First Irish
Wednesday, 10th March 1976
20th February 1976
Second Irish
Friday, 12th March 1976
20th February 1976
Law Examinations
Friday, 2nd April 1976
19th March 1976
Book-Keeping
Wednesday, 2nd June 1976
19th May 1976
Entries received after 4.00 p.m. on the specified closing
priate fee as specified in the Solicitors Acts 1954 and
date will not be considered.
1960 (Apprentices Fee) Regulations, 1975, which are
All Entry Forms should be accompanied by the appro-
as follows :
Examination
First Entry
Repeat Entry
First Irish
£ 5.00
£ 3.00
Second Irish
.£ 5.00
£ 5.00
First Irish
£10.00
£10.00
Second Law
£15.00
£10.00
Third Law
£15.00
£10.00
Book-keeping
£ 5.00
£ 5.0O
Applications received without the Entry Fees will not
Monday, 1st March, 1976, is the Registration Date
be accepted.
f
o r t h e y e a r
1975.76
and all Fees due must be paid on
or before that date. Candidates will not be allowed to
The Education Committee will only consider appli-
enter for Examinations unless the appropriate lecture
cations for exemption from sitting the First Law Exam-
fees have been paid. The fee per course of lectures
Is
ination from those who have entered for the examina-
£15.00 and per half course (Income Tax) £7.50.
tion, paid the prescribed fee and furnished the appro-
priate evidence of their degree qualification.
JAMES J. IVERS
(Director-General)
.300
16th January 1976