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GAZETTE
SEPTEMBER 1978,
of time, the bulk of relevant litigation having taken place
in little over a decade. I have discussed the cases which
were overruled by the House of Lords in 1977 as there is
no judicial precedent in this country on the subject and it
is an open book as to whether our Courts will follow the
earlier U.K. authorities such as Samuel Properties
(Development) Limited v. Hayek or whether they will
follow the reasoning of the most recent authorities. It is
submitted that if our Courts are to take account of
English Case Law at all it would seem logical that most
weight be attached to the House of Lords decision which
was virtually unanimous as regards the reasoning
described therein and it would in the writers opinion
appear to be the most equitable conclusion to come to as
the failure by a Landlord to exercise a review provision
within the time stipulated in general will cause prejudice
to no one but himself. Should it be otherwise the House of
Lords has left room for this consideration in the event of
any undue detriment being caused to a Tenant. What the
future holds therefore so far as Irish practioners are
concerned is uncertain and until we have a decision from
our own Superior Courts forgetful Landlords can look
forward to a future, all be it not too distant it is hoped, of
nervous disorders and indigestion.
The only concrete advice that can be offered to put the
position at present beyond doubt is to expressly provide in
the Lease whether time is or is not to be of the essence. A
simple phrase like this would have precluded the necessity
of any of the litigation referred to and further would have
saved the writers brain considerable strain in attempting
to digest the reports thereon.
£3,500 PAY OUT
At the Annual Blackhall Place Bonds Draw held at the
Annual General Meeting on 17th November six winning
bonds were drawn entitling the lucky holders to share
£3,500. There were two winning units of £1,000 each,
two of £500 each and two of £250 each. The winners and
numbers of the successful bonds were:
Prize No. 1:
Mr. John Casey, Greenlawn, Ennis, Co. Clare. — Bond
No. 1024 — £1,000.
Mr. Jasper R. H. Swanton, 39 South Mall, Cork. —
Bond No 1455. — £1,000
Prize No. 2:
Mr. Frederick Jackson, Rockville House, Glenamuck
Road, Kilternan, Co. Dublin. — Bond No. 1185. —
£500.
Mr. Hugh J. O'Donnell, 71 Wellington Road,
Ballsbridge, Dublin 4. — Bond No. 1060. — £500.
Prize No. 3:
Mr. Matthew Drum, 20 Upper Merrion Street, Dublin
2. — Bond No. 1239. — £250.
Mr. John Bolger, Bank Place, Portlaoise, Co. Laois. —
Bond No. 1469. — £250.
The Bond Funds now total £58,000 and bonds may still
be purchased at £100 each from the Society.
Criminal Justice (Legal Aid)
(Amendment) (No. 2)
Regulations, 1978
These regulations which come into effect on 1 January,
1979, provide that solicitors who have agreed to
participate in the Criminal Legal Aid Scheme shall be
free to specify the Court or Court venues in which they
are willing to take legal aid cases and that, where, in
relation to a Court venue, there is no solicitor on the
Legal Aid panel, the Court may request any solicitor
who is not on the panel to accept a legal aid assignment.
IN BONDS DRAW
Mrs. Moya Quinlan announces the results of the Bonds Draw
at the A.G.M. looking on, from left, are Walter Beatty, The
Director General James J. Ivers, Joseph L. Dundon and
Gerald Hickey.
FIRST LAW
EXAMINATION
OLD REGULATIONS
August 1979
The College of Commerce, Rathmines, Dublin 6
are running a semi-eveming course in the subjects,
Contracts, Torts and Property for the First Law
Examination to be held in August 1979. The
Course will run from early January to early June
1979. Students who have not obtained a place in
Unitersity Law Lectures are invited to apply.
All applications must be directed to the College
of Commerce, Rathmines Road, Dublin 6.
Registration will take place in the week ending
21st December 1978.
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