260 / 300
Useful quotations from the Morris Departmental
Report on Jury Service (1965), are given, and Lord
Denning's historic judgment in
Ward v James
(1966)
1 Q.B., refusing a jury is fully explored.
Boston v Bay-
shaw
(1966) 1 W.L.R., established the proposition that
a jury, having convicted an accused, cannot subse-
quently acquit him. The Irish Bar has so far successfully
resisted the abolition of juries in civil cases, which
would expedite trials considerably.
As regards costs, Lord Devlin has pointed out that it
would be difficult to. reduce them, as long as the English
system of proving everything by oral evidence is main-
tained; it is high time that documentary evidence on the
Continental model should be substituted for oral evid-
ence, which tends to cncourage advocacy at the expense
of a real knowledge of law. As the English Consumer
Council has pointed out, the English Legal Aid Scheme
is of little help, as most people would still have to pay
a contribution to costs. The Evershed Report points out
that it is impossible to count the costs of litigation
beforehand, particularly the costs of the other side. If
the rights of the parties are evenly balanced, they
should each bear their own costs. As is pointed out in
the "Indemnity Rules in Litigation", contained in the
English Law Society Annual Report 1963, this rule in
effect means that the loser pays; no change is recom-
mended to the principle that costs follow the event, save
within narrow confines.
McKenzie
v McKenzie
(1970) 3 W.L.R., has
established that a litigant in person has the right to have
someone sit beside him to prompt, give advice and
questly assist in the conduct of the law. As regards legal
aid, the valuable memorandum of the Law Society on
Legal Advice and Assistance, tendered to the Lord
Chancellor in February 1968, is fully quoted, as is the
pamphlet "Justice for All", published by the Society of
Labour Lawyers in December 1968, and the Lord Chan-
cellor's Report of the Advisory Committee on the better
provision of Legal Advice and Assistance (1970).
As regards the Enforcement of Judgment Debts, most
of the extracts are taken from the Payne Committee
(1969).
Legal argument in appellate Courts is restricted in the
narrowest confines of statutes, delegated legislation and
precedents; fortunately
Bourke
v
Attorney-General
(1972) I.R., has established that this is no longer the
case in Ireland. The excellent American practice of
holding conference and exchanging draft opinions is
not usually observed in England; this work in chambers
is to be commended.
It will be seen that this book contains much material
on many legal subjects which it would be hard to find
elsewhere. The learned author is to be commended for
having collated the material so clearly. Apart from the
customary list of statutes and cases, the volume con-
tains also a list of (1) Command Papers and House of
Commons Papers; (2) Books, pamphlets, memoranda
and articles; and (3) a list of cases referred to, but not
excerpted.
Hill (Hugh)—Outlines of Irish Taxation—1974-75. 8vo;
22 pp.; published privately; 50p.
We are once more indebted to Mr. Hill for the invalu-
able
Outlines of Irish Taxation,
which he publishes for
the assistance of practitioners of tax law annually. This
is not a mere repetition of the previous booklets, as the
Finance Act 1974 introduced some startling innovations
by abolishing Earned Income Relief and Surtax. All
allowances and exemptions from tax are carefully listed,
and a summary of Corporation Profits Tax and of
Double Taxation Agreements is included. All practi-
tioners in tax law will, as usual, find this booklet
essential.
OBITUARY
Mr. Brendan P. O'Byrne died suddenly on 20 September 1974
at his residence, 55 Dartmouth Square, Dublin 6. Mr.
O'Byrne was admitted in the Hilary Term 1943, having
obtained First Place with Honours in the Final Examination
and practised for some years at 25 Essex Quay, Dublin.
Mr. O'Byrne was Lecturer in Real Property, Equity and
Conveyancing to this Society from 1946 to 1951. Mr.
O'Byrne was called to the Irish Bar in 1954, having been
specially exempted from all examinations in view of his
academic and professional record. Mr. O'Byrne entered
the British Colonial Legal Service in 1952 and was ap-
pointed successively Chief Crown Prosecutor and Acting
Solicitor-General in Northern Rhodesia (Zambia), and sub-
sequently as Attorney-General in Nyasaland (Malawi). He
was called as a barrister to Gray's Inn, London, in 1956.
He retired from the Colonial Legal Service in 1968, and
then became a legal editor to a large firm of legal pub-
lishers in Rochester, New York. Mr. O'Byrne was the eldest
son of the late Mr. Joseph O'Byrne, Registrar of Titles
and of Deeds.
Mr. Patrick Marron died at Upton House, Slough, Bucks.,
on 8 October 1974. Mr. Marron was admitted in Hilary
Term 1919, and practised in Carrickmacross, Co. Monaghan,
until 1960.
Mr. Henry B. Linehan died in the Eye and Ear Hospital,
Adelaide Road, Dublin, on 2 October 1974. Mr. Linehan
was admitted in Hilary Term 1940, and practised from
1941 until 1956 under the style of Linehan & Ryan at 43
Dame Street, Dublin. From 1956 to 1971 Mr. Linehan was
Registrar of Titles in Zambia. From 1971 until his death
Mr. Linehan was with the firm of Messrs Bell, Brannigan,
O'Donnell & O'Brien at 22 Lower Baggot Street, Dublin 2.
Mr. Dermot McGillicuddy, M.A. (T.C.D.), died at his resi-
dence, Bishopstown, Naas, Co. Kildare, on 21st October
1974. Mr. McGillicuddy was admitted in Michaelmas Term
1934, and was the sole partner in the firm of Darley & Co.,
30 Kildare Street, Dublin 2. Mr. McGillicuddy had also
been Law Agent and Keeper of Records in Trinity College
since 1948.
Mr. John J. O'Dwyer died in Dublin on 24th October 1974.
Mr. O'Dwyer was admitted in Hilary Term 1940, and
practised at 15 D'Olier Street, Dublin 2, until his retirement.
Mr. Edward J. Durnin died in St. Vincent's Hospital, Elm
Park, Dublin, on 1st November 1974. Mr. Durnin was
admitted in Trinity Term 1942 and practised in the Chief
State Solicitor's Office, Dublin Castle.
Mr. Thomas B. Jellett died on 19th July 1974, in Dublin.
Mr. Jellett was admitted in Trinity Term 1958, and prac-
tised as a partner in Messrs Barringtons, 10 Ely Place
Dublin 2.
Mr. John Fitzpatrick died in the Hospice, Harold's Cross,
Dublin, on 3rd November 1974. Jack Fitzpatrick had been
on the staff of the Society as Chief Clerk from 1945 to the
end of 1973, when he retired on the ground of ill health.
257