The Gazette 1983

GAZETTE

MARCH 1983

BOOK REVIEW

Counsels' Fees — Statement from

Bar Council

Comp e n s a t i on f or Cr imi nal Dama ge to

Property

by D.S. Greer and V.A. Mitchell, Belfast.

SLS. Legal Publications (N.I.) 1982. IR£24.00.

The following Ruling has been passed by the Bar

Council:

It is a rule of the Bar that in general fees should be

Statutory provisions for the payment of compen-

discharged within one month of rendering an account,

sation from public funds for criminal damage to

Special extensions may be negotiated where there are

property, essentially similar to those now in force,

circumstances of hardship for the lay client,

have existed in Ireland at least since the time of that

T h e R u l i n g is inte

nded to apply mainly to the State

Monarch of pious, glorious and immortal memory.

Banks, insurance companies and other firms who'

IrH

I ^

m a t l e r

g 0 V C m e

N o r t

h e r

customarily apply similar terms when dealing with the

Ireland by the Criminal Damage (Compensation)

p u b

i c

•

(N.I.) Order, 1977 and in the Republic by the

Malicious Injuries Act, 1981.

The Book under review sets out to be a detailed

exposition of these two pieces of legislation and the

associated body of law, largely developed from the

^ ^

decisions on earlier similar statutes, and the Authors

have written an impressive and valuable guide,

covering the whole field with great lucidity, accuracy

/ Zm^A ^ ^ ^ ^

. ^

and skill. \ a Y L

Professor Greer is Professor of Law at Queens

University, Belfast, and Mrs. Mitchell is Senior k

* N l r >

Lecturer in the same faculty, so that the Book is j |k

V ^ P

primarily an exposition of the law in Northern

Wgk

Ireland. The treatment of the subject however is IBBk

e ^ f ck

completely comprehensive and, the principles

involved being very similar in both jurisdictions, the

MniiiiiiiL

resulting book is as valuable and as welcome south of

the border. I have no doubt that it will be very well

received and used extensively in the Republic.

All the relevant case-law is quoted and referred to,

North and South. Musical Marie and Count Hamon _ _

- -

and the marauding schoolboys in

Re Burrowes

duly M f i n f n l y

I l i P A I V l P

make their appearance. The number of cases cited • f l W l l M I I J

• • • W l l l w

and the adroit manner in which they are treated make

c h o i ^

this a most comprehensive and effective treatment of w l I C I I

the

l aw as d e v e l o p ed in t h e C o u r t s .

Have your interest paid to you

There is a clear and valuable historical account of

by cheque every month,

the development of the law of compensation for

criminal injuries covering both jurisdictions.

most

chance to w

£100,000

Join us

at the Irish Life

useful feature of the book is the detailed

every month.

Building Society!

consideration of the correct assessment of the

A Prize Bond number is

• •

claimants loss which is often a matter of some

allocated to each Monthly

I Q O T P f U Q l *

difficulty and one which other text-books have h ^ ^ g o u n t . h o k t e .

• J J g S U J M

tended to ignore. Many of the rules and principles lor

interest, you've a chance to

W6 Call

quantifying loss derive from other areas of the law as,

win in every Prize Bond

•

F o r e x a m p l e,

Harbutt's

Plasticine

Ltd. -v- Wayne

Draw while your account

m p K P

t h l R l C C

Tank

and

Pump Co. Ltd.,

[1970] 1. Q.B. 447, butthe

remamsopen.

I I I O R C

U M I g 5

Authors are ready to pursue enlightenment

h # H l l l O I 1 l

wherever, it is to be found and they treat their

l ia|J|JdlB

material with great discretion and skill and with a

striking gift for tidy arrangement and effective

exposition.

While there are substantial differences between

what is compensátable in the North and what is com-

•

M f

Pensatable in this jurisdiction, there is also enough

• « • f f c l ^

•

similarity to make this book an indispensable aid to

• •

•

• •

L J

t h c

practitioner in either jurisdiction.

| |

The book is clearly and accurately printed in

•• • •

•

readable type and handles well. It should have a wide

| £ | j | | r | | | j g | N Q C I f i t V

William Dundon

HEAD OFFICE IRISH LIFE CENTRE. LOWER ABBEY STREET DUBLIN 1 TEL 7?arm«;

BRANCHES CORK. GALWAY. KILKENNY. PHIBSBORO. DUN LAOGHAIREILACCENTRE DUNDRUM