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GAZETTE
JULY/AUGUST 1988
gives evidence of his motor vehicle
colliding with animals straying on
the highway and is able to identify
the owner of the animals, then
there is a
prima facie
case to be
answered by the landowner to
rebut
t he
p r esump t i on
of
negligence on his part. This burden
on the landowner is, of course, not
one of strict liability, but it would
be necessary for him to prove that
he had exercised reasonable care,
maintained his fences in a stock-
proof condition and taken all
reasonable steps to ensure that his
stock do not stray on to the public
highway. Justice Brennan would
say that, in the above example, the
burden should shift from the plain-
tiff because of the impossibility in
many situations, of the plaintiff
ascertaining the condition of the
l a n d own e r 's
f ences,
wh i ch
knowledge is peculiar to the lan-
downer.
Other District Justices hold that
it is necessary in every case for the
plaintiff to prove that the lan-
downer's fences were defective, or
in some other way that the lan-
downer had not taken reasonable
care to ensure that his stock did
not cause damage by straying on
the public road.
Difficulties in interpretation
there may be, but it would be a
foolish and inadequately prepared
plaintiff who would come to Court
without having made at least some
efforts to ascertain the location of
defendant's lands, and having
some evidence in Court as to the
condition of the fences, should it
be necessary to rebut the defen-
dant's evidence.
Justice Brennan, in a decision in
the recent District Court case of
Frank McCaffrey -v- Michael Lun-
dy,
has held that a landowner, in
order to take reasonable precau-
tions, should not only bolt the gate
on to lands where stock are held,
but should also secure the gate
with a lock, particularly if the lands
are not in the immediate vicinity of
defendant's house.
•
Note: Copies of Justice Brennan's
written judgment may be obtained
from the Law Society Library.
•
Ir ish Sol ici tors in
London Bar
Associat ion
On 30 April, 1988, the President
and the Director General attended
an inaugural reception of the Irish
So l i c i t o rs
in
London
Bar
Ass.ociation at the offices of the
Law Society.
On that date, "Isilba" was born.
Approximately 150 Irish lawyers
in London attended the reception
which was kindly sponsored by
Allied Irish Banks pic.
It was immediately apparent
that there are great openings for
Irish
so l i c i t o rs
in
London.
Commencing salaries in excess of
what would be on offer in Ireland
were available. However, it was
stressed to the delegates that
accommodation is very expensive
and as a rule of thumb one could
deduct £5,000 from the London
salary to arrive at an Irish
equivalent.
The great interest of the lawyers
was to see whether reciprocity
could be obtained.
The President detailed the
p r ob l ems arising out of t he
compulsory Irish examinations and
pointed out that the entire matter
was to be considered at the
Education Conference to be held in
Kinsale commencing on 26 May.
The lawyers present laid great
stress on t he impo r t ance of
reciprocity which would enable
them to qualify on a much easier
basis that at present exists. At the
moment they have to start from the
bottom and get no credit for work
or experience which they may have
at the date of the commencement
of their employment.
It was agreed t hat
t he
Association in London would keep
in touch wi th Blackhall Place and
vice versa to the mutual advantage
of all parties.
Cliona M. O'Tuama is the
President of the Association and
she attended the half yearly
Conference of the Society in Cork,
in May, and addressed t he
delegates there.
The Medico-
Legal Society of
Ireland
The Annual General Meeting of the
Medico-Legal Society of Ireland
took place in the Boardroom of the
City of Dublin Skin and Cancer
Hospital, Hume Street, Dublin 2, on
11th May 1988, by kind permission.
The following Council was elected
for 1988-1989
Patron:
Professor P.D.J. Holland
President:
District Justice Gillian
Hussey
Immediate
Past President:
Dr.
Declan Gilsenan FRCPath
Vice President:
Leslie Kearon,
Solicitor.
Hon.Secretary:
Mary MacMurrough
Murphy, Barrister at Law.
Hon.Treasurer:
Nora Gallagher,
Solicitor.
Hon.Auditor:
Dr. Sheila Willis Ph.D.
Legal:
District Justice Cassidy, Raymond
Downey, Solicitor, Brendan Garvan,
Solicitor, Denis Greene, Solicitor,
Eamonn G. Hall, Solicitor, Carmel
Killeen, Solicitor, Thelma King,
Solicitor, Paula Scully, Solicitor,
John Schutte, Solicitor.
Medical
Dr. Desmond McGrath, Professor P.
Meenan, Dr. Robert Towers, Dr.
Liam Daly, Dr. Jack Harbison, Dr.
Sarah Rogers, Dr. Seamus Ryan, Dr.
Anne Clancy, Dr. Donal MacSorley.
Mary MacMurrough Murphy
Hon. Secretary.
INDEPENDENT CONSTRUCTION
ADVICE FOR THE
LEGAL PROFESSION
- Evidence in contractual disputes
- Insurance claims or
reinstatement valuations
- developers feasibility and cash
flow forecasting
Contact: Tom Evans A.R.I.C.S.
AUSTIN REDDY& COMPANY
QUANTITY SURVEYORS
30 Morehampton Road, Dublin 4.
Telephone: (01) 683479 689633
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