Previous Page  194 / 300 Next Page
Information
Show Menu
Previous Page 194 / 300 Next Page
Page Background

^omen's Status Act, 1957, deals with the Irish posi-

tlQ

n in regard to matrimonial property, and all remarks

made in regard to this subject will have to be con-

strued in relation to that Act. Mr. Gretney has written

a

useful book which will have to be used with care by

fee Irish practitioner.

Schmitthoff (Clive M.), editor—The Harmonisation of

European Company Law. 8vo; pp. xvi plus 243; Lon-

don, United Kingdom Comparative Law Series, 1973;

£5.00.

The papers appearing in this volume were presented

at

a colloquium organised by the publishers in Sept.

1972 in Leeds University. Each topic is presented by an

e

*pert, and the work is divided into two parts.

Part 1 deals with the

Harmonisation

of

Company

in Europe,

and comprises the following six papers:

(1) The Future of the European Community Law

Scene by Professor Schmitthoff.

(2) A Comparison of European and British Company

Taw by Professor Andre Tunc (Paris). (This lecture is

v

itall

y

important.)

. (3) The EEC Directives on Company Law Harmon-

cation by Dr. Hans Claudius Ficker of the Commission

the European Communities, Brussels.

(4) Structure and Progress of the European Company

"V Professor Pieter Sanders (Rotterdam).

(5) Co-Determination in European Company Law

"V Professor Fritz Fabricuis (Bochum).

(6) Company Laws of the European Community from

a

" American Viewpoint by Professor Alfred Connard

(Michigan).

Part 2 deals with the

Perspectives of

Harmonisation

a

"d comprises the following six papers :

(7) The Reform of Dutch Company Law by Professor

Zanders.

(8) A Theory of Co-Determination by Professor

'abricuis.

(9) Comment on a Theory of Co-Determination by

Mr. Maurice Kay, Lecturer, Manchester.

(10) Company Law in the Common Market from a

^vviss Viewpoint by Professor Alain Hirsch (Geneva).

(11) A European Company Law—The Australian

Wesson by Professor Robert Bovxt (Monash).

, (12) Canadian Perspectives on Company Law Reform

b

y Professor Bernard Davies, Windsor (Ontario).

It will be seen from this list that a considerable

ai

*iount of comparative Company Law has been cov-

e

red in this volume, which will be of invaluable assis-

tance to those who wish to specialise in the subject.

W •

reeir (Tony)—A Casebook on Tort. Third edition.

feto.Pr

. xxiv, 576p. London, Sweet & Maxwell, 1974.

£4.50 (Paperback).

"Ehe fact that in a period of seven years three editions

j.' this work have been published speaks for itself. The

a

°t that citations of cases on negligence occupy 190

shows that there is little danger of this important

ac

tion decreasing in the future. The cases of Spartan

feel v. Martin & Co. (1973), in which an industrialist

feecessfully sued a highway contractor in respect of

bs

t profit, and of Dutton v. Bognor Regis U.D.C.

in which a purchaser of a house successfully

^ d the local authority for negligence by passing in-

j "equate foundations, are fully noted. Many extracts

r

°m other well known judgments are included; there

fe also many perspicacious remarks by the learned

u

t h o r ,

who is a Fellow of Trinity College, Cambridge,

the end of each judgment. Many students confine

themselves to textbooks, and do not realise the im-

portance of studying the reasoning in the judgements

themselves. Those who persevere in reading this work

fully, and understanding it, will be rewarded to the

extent that they will have acquired a knowledge of all

important judicial dicta in tort.

Statute Law:— A Radical Simplification—being the

second Report appointed to propose solutions to the

deficiencies of the Statute Law System in the United

Kingdom—8vo. Pr. vi, 57p. London, Sweet & Maxwell

on behalf of the Statute Law Society, 1974. £1.00.

Practitioners who have endeavoured to construe dif-

ficult sections of a Finance or Income Tax Act will

appreciate how important it is to construe statutes as

simply a- possible. The purpose of this Report is pre-

cisely to achieve that object. Statutes should become

an integrated body of law to be if possible found in

one place, by providing one Act for each subject. There

should be an accelerated programme of consolidation,

which, as far as Ireland is concerned, is intended to

be achieved in the far distant future. "The Statute

Law of England" should be separated from "The

Statute Law of Scotland". As far as possible, existing

Principal Acts should be amended, and no new legis-

lation should be introduced. Titles of Acts should be

most carefully chosen. Any amending legislation should

be so named by reference to the Principal Act. The

referential method of amendment, is inefficient, in-

conclusive and the cause of much confusion; the text-

ual method of drafting should be substituted for it.

Eventually codes could easily be integrated into the

system. The staff should be increased by judicious em-

ployment of academic lawyers. A regime of "Plain

Words" should be introduced by and for legal drafts-

men, and facilities should be given for prior consul-

tation with interested parties. The use of computers

should be investigated, and adjustments should be

made in drafting to bring it into accord with Commun-

ity I..aw. These recommendations are all most praise-

worthy, but we will doubtless have to wait for the

Greek Calends before they are ever put into force here.

Woods (James V.)—Guide to the Intoxicating Liquor

Acts. 8vo., 26 cm. Pr. vii, 144p. (1974). £ 4 including

postage. (Obtainable only from Mr. Woods, "Summer-

ville", Bendemeer Park, Magazine Road, Cork.)

Mr. Woods is already well known for the most useful

'District Court Handbook', which he published in

1973. We are indebted once more to him for producing

a very practical volume on that difficult branch of

law, full of traps for the unwary called "Licensing

Law". As a District Court Clerk in Cork City, the learn-

ed author has acquired a vast amount of practical ex-

perience which he has freely placed at the disposal of

practitioners. The volume is divided into 14 parts as

follows: (1) Licensed Premises; (2) Music, Dancing

and Restaurant Certificates; (3) Hours of Trading;

(4) Exemptions and Occasional Licenses; (5) Pro-

hibited Hours; (6) Endorsement and Forfeiture of

Licenses; (7) Renewal of Retail Licenses; (8) Transfer

and Confirmation of Licences; (9) Wholesale Licenc-

es; (10) Wine Retailers' Licences; (11) Clubs; (12)

When New Retail Licence may be granted; (13) Court

Procedure in New Retail Licence;' and (14) Appeals

under Licensing Acts. Every part is carefully sub-

divided and up to date statute law and case law is

cited. This volume is invaluable and cannot be dis-

pensed with by any practitioner who has to deal with

the intricacies of licensing law.