111 / 266
not have appeared in the pleadings or been communi
cated to the jury ; and that as the “ event ” was in
favour o f the defendants, the trial Judge had no
jurisdiction to award the plaintiff the costs of the
action after the date of lodgment in the absence of
such facts as would support a finding of “ special
cause ” for so doing.
Per Black L .J.—If the plaintiff’s contention were
correct the change would be revolutionary. However
small the amount a plaintiff would succeed in
recovering he would be entitled to the whole costs
of the action if the case were tried by a jury, unless
the Judge applied the special cause shown proviso,
notwithstanding that the defendant may have paid
into Court a sum greater than that awarded by the
ju ry ; in such a case, contrary to the old long estab
lished practice, the defendant would not actually
have had to pay the plaintiff’s costs in the absence
of a special order from the Judge or the Court.
The word “ Issue ” in the Rule means not the issue
submitted to the jury at the trial, but an issue to be
set down formally, such as an interpleader issue.
The “ event ” o f an action may be complex; some
issues submitted to the jury may be decided in
favour o f the plaintiff and some in favour o f the
defendant. The effect o f the Rule is not that the
party succeeding in the action as a whole is to be
entitled to the whole o f his costs o f the action, but
that each party is entitled to the costs o f any separate
issues found in his favour. (McCormick
v.
Harland
and Wolff Ltd., (1951) N.I. 118.)
DUBLIN SOLICITORS’ BAR
ASSOCIATION.
T
he
Annual General Meeting o f this Association
will be held in the Solicitors’ Buildings, Four
Courts, Dublin, on Friday the 8th day of October,
1953, at 8 p.m. sharp.
CURRENT LEGAL LITERATURE
Common Law : Contracts and Torts
Bankruptcy and Moneylending
(S .J.,
27 June 1953).
Constructive or Quasi-Contracts (
I.L .T .
, 27th
June, 4th and n th July, 1953).
Railways—Obligation to Fence :
“ Cooper
v.
Railway Executive,” (L .T ., 12th June, 1953).
Slippery Drive : Claim against Occupier : “ Bell
v.
Travco Hotels.”
(I.L .T .
, 20th June, 1953).
C onveyancing and Probate
House let in separate apartments—Lessor not
liable for rating.
(I.L .T .,
23rd May, 1953).
Law Society’s (London) Conditions o f Sale 1953.
(S .J.,
6th, 13th, 20th, and 27th June, 1953).
Notice to Quit by a Company—Ejectment refused,
Plaintiff Company to pay costs. (“ Claremont
Building Co.,
v.
W iley” —Shannon J.)
(I.L .T .
30th May, 1933).
Rule in Lessence
v.
Tierney applied : “ Hamilton
deed.,—Bank of Ireland
v.
Hamilton,” (Budd J.)
(I.L .T .,
231-d May, 1953).
EXAMINATIONS, AUTUMN, 1953
Date
Examination
Latest date fo r
giving notice.
Costs and Practice o f Solicitors
Costs consequent on amendment o f Pleading:
“ O’Malley
v.
Eling.” (Budd J.)
(I.L .T .,
23rd
May,
I9D)-
Sept. 7th and
8th.
Sept. 7th, 8th
and 9th
Sept. 8th and
9th.
Sept. 25 th and
26th.
Intermediate
Final
Preliminary
First and Second
Irish.
August 17 th.
„
17th.
,,
1 8th.
September 4th.
LIBRARY
T
he
Library will be closed from August 24th to
September 23rd inclusive, except on the days of
vacation sittings.
Members urgently requiring
books on other days will be facilitated on special
application to the General Office.
Criminal Law and Practice
Examinations before Trial and Depositions
(Dawson)—(New York Bar Association Record
January, 1931).
Interventions from the Bench : “ R. V. Clewer ”
(I.L .T ., 6th June, 1953).
Jurisdiction o f Inferior Courts : Extrinsic Evidence,
(I.L .T .,
13th and 20th June, 1953).
Magisterial L a w :
The Magistrate’s Court Act
1952.
(L .T .,
5th June, 1953).
Stealing and Intention : “ R. V. Williams.”
(I.L .T .,
30th May, 1953).
Summary Trial o f Indictable Offences
(I.L .T .,
6th June, 1953).
Miscellaneous
American Constitution and World Order based on
23