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times domiciled and ordinarily resident in Ireland. O f
the three trustees appointed by the settlement, the first
was the life tenant, and the remaining two were also sons o f
the settler, who divided their time between Ungland and
Ireland, having large business interests in both countries.
Their domicils o f origin were Irish and there was no
evidence that they had acquired English domicils. The trust
was administered and managed from Ireland.
Re Cloncurry’s Estate
(1932 I.R . 687),
considered.
Per Upjohn J. : “ I think that the question is very
difficult but on the whole I cannot give any real
weight to the investment clause here, nor to the
fact that the settlor instructed his English solicitors.
The decisive matter here is that this was a settlement
to benefit a family in Ireland, all the parties so far
as I know, then having Irish domicils, though
with many perhaps overriding interests in England.
On the whole, I think that the proper law o f this
settlement is Irish.” (Re Iveagh Trusts—Earl
Iveagh
v.
Inland Revenue Commissioners (1954)
1 All E .R ., 609).
Six widows and administratrixes who claimed against
three defendants under the Fatal Accidents Acts fo r
damages f o r negligence and breach o f statutory duty
whereby the six deceased men received fa ta l injuries and
died the same day, issued separate writs. Should these
actions await the decision o f a test case (as ordered by
Gerrard J.) or should the actions be consolidated under
Order
49,
Rule
8
o f the Rules o f the Supreme Court
(England) up to determination o f the issue o f liability,
any issue peculiar to one plaintiff to be separately dealt
with, and in the meantime separate particulars o f damage
to be delivered, and i f plaintiffs successful, the issue o f
damages to be dealt with separately ?
Yes, said the Court o f Appeal. The latter
procedure is the correct one. (Healey
v.
Waddington
& Sons (1954) 1 All E .R ., 861).
RECENT LEGAL LITERATURE.
Accuracy and Inaccuracy in Profit Calculation
(Edey)
(M.L.R.,
April, 1954).
Agreements to benefit strangers
(S.J.,
22nd May
1954
)-
Barrister—Minimum fee o f 31/6 per hour passed by
Bar Council (England) in respect o f lecture fees
(S.J.,
8th May, 1934).
Bequest for the annual improvement o f a cemetery
held a valid charitable bequest—“ Hanley
v.
Galway Co. Council” (Budd J)
(I.L.T.,
29th
May, 1934).
Charitable Trusts — Drafting of — “ Re Sanders
Trusts ”
(L.T.,
14th May, 1954).
Committee on Taxation—Treatment of Provisions
for Retirement (Gower)
(M.L.R.,
May, 1954).
Cost of Transcripts on Appeal
(L.T.,
21st May,
1954
)-
Counsel’s Fees in Circuit Court and District Court—■
Scales o f Revised fees
(I.L.T.,
22nd May, 1934).
Delays in Taxation o f Costs
(S.J.,
22nd May, 1954).
Drunkenness and Criminal Responsibility—“ R.
v.
McCarthy”
(L.T.,
14th May, 1934).
English Concept o f Domicil (Stone)
(M.L.R.,
May,
1954
)-
Explosion in Mine—Both parties negligent, but
Board responsible for act of its servants—
“ National Coal Board
v.
England ”
(L.T.,
28th
May, 1954).
Freedom o f Religion and Speech and the United
States Supreme Court (Hartman)
(M.L.R.,
May,
1954
)-
Friendly Societies— 1953 Report (England)
(S.J.,
8th May, 1954). '
Hospitals and their Staff—" Higgins
v.
N.W.
Metropolitan Hospital Board ” (L .T ., 14th May,
I
954
)-
Innkeeper’s liabilities for property o f Travellers—
Report of Law Reform Committee
(S.T.,
29th
May, 1954).
Innocent Party to an Illegal Contract
(L.T.,
7th
May, 1934).
Landlord and Tenant—Fitness of Premises for
Human Habitation
(S.J.,
29th May, 1954).
Law Reform (Miscellaneous Provisions) Bill—
House of Lords Debate
(L.T.,
28th May, 1954).
Learner’s License—A draft code (Mitchell)
(M.L.R.,
May, 1954).
Legal Aid—Third Report of Law Society (England)
(S.J.,
15th May, 1954 and
L.T.,
21st May, 1954).
Marriage of an Infant
(S.J.,
8th May, 1934).
Modification o f Trusts
(S.J.,
1st and 8th and 15th
May, 1934).
Modification o f Existing Trusts— Chapman
v.
Chapman”
(L.T.,
21st May, 1934).
National Insurance and National Insurance (Indus
trial Injuries) Acts (England)—Creation o f Case
Law (Safford)
(M.L.R.,
May, 1954).
Peaceful picketing unlawful in the event o f no trade
dispute—“ Smith
v.
O’Beirne ”—Supreme Court
affirming Dixon J.
(I.L.T.,
29th May, 1954).
Probate Fees in Northern Ireland
(I.L.T.,
8th May,
1954
)-
Protection o f Mortgages against Tenancies—-
“ Church of England
v.
Piskor ”
(L.T.,
28th
May, 1954).
13