144 / 338
" The question whether the court should inspect
the documents is one which is a matter for the
discretion of the court, and primarily for the judge
of first instance. Each case must depend on its own
circumstances, but if, looking at the affidavit, the
court finds that the claim to privilege is formally
correct, and that the documents in respect of which
it is made are sufficiently identified and are such
that,
prima facie,
the claim to privilege would appear
to be properly made in respect of them, then, in my
judgment, the court should, generally speaking,
accept the affidavit as sufficiently justifying the
claim without going further and inspecting the
documents."
These documents did come into existence for the
purpose of being put before the solicitor, and for
the purpose of being used not necessarily in existing
litigation, but in anticipated litigation. I think that
in these days the British Transport Commission are
entitled to say that, whenever a man is fatally injured
in the course of his work on the railway line, there
is at least a possibility that litigation will ensue. In
those circumstances, there is no material on which
I can come to the conclusion that there is any ground
for challenging the correctness or conclusiveness of
the affidavit, and I feel constrained to hold that the
claim for privilege has been established, and this
appeal must, therefore, be dismissed.
(Seabrook v.
'British Transport Commission
(1959) 2 All E.R. 15).
OBITUARY
MR. PATRICK J. KENNEDY, Solicitor, died on 23rd
June, 1959. Mr. Kennedy served his apprenticeship
with the late Mr. J. H. Callan, i Suffolk Street,
Dublin, and was admitted in Hilary Sittings, 1918,
and practised as Senior Partner in the firm of P. J.
Kennedy & Son, Carrickmacross and Dundalk.
MR. JOHN K. H. LLOYD-BLOOD died on i6th July,
1959, at his residence, Glencot, Glencormac, Bray,
Co. Wicklow.
Mr. Lloyd-Blood
served
his
apprenticeship with the late Mr. Adam Lloyd-
Blood, 53 Dame Street, Dublin, was admitted in
Easter Sittings, 1934, and practised under the style
of Messrs. Wm. Findlater & Co., 53 Dame Street,
Dublin.
THE REGISTRY
Register A
WANTED for Solicitor's office
in North Leinster, Clerk,
experienced in Costs and Probate matters. Young assistant
solicitor with such experience might suit.
Box No. .Ai8i.
Register B
SOLICITOR (lady) recently qualified. Special certificate, LL.B.,
B.C.L., requires assistantship in Dublin. Thomas Crozicr &
Son, Solicitors, 14 Ely Place, Dublin.
NOTICE
THE Solicitor's Practice carried on at No. 5 3 Dame
Street, Dublin, by the late Mr. J. K. H. Lloyd-
Blood under the name of Wm. Findlater & Co.,
has been acquired by Mr. Stephen E. Law of Messrs.
Malcomson & Law, 60 Dawson Street, Dublin, and
has been transferred to Mr. Law's Offices at 60
Dawson Street, Dublin.
REGISTRATION OF TITLE ACTS, 1891
AND 1942
Issue of Duplicate Land Certificate.
Applications have been received from the register
ed owners mentioned in the Schedule annexed
hereto, for the issue of Certificates of Title in
substitution for the original Certificates issued in
respect of the lands specified in the said Schedule,
which original Certificates, it is alleged, have been
lost or inadvertently destroyed.
A duplicate Certificate will be issued in each case,
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of
Title is still in existence, and in the custody of
some person other than the registered owner. Any
such notification should state the grounds on which
such Certificate is being held.
Dated the 2ist day of August, 1959.
D. L. McAmsTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
1. Registered Owner, Edmond Fogarty, Folio
Number 7339, County Tipperary. Lands of Gortna-
haha in the Barony of Eliogarty, containing 15 a.
3r- 33P-
2. Registered Owner, John Gilmartin, Folio
Number 1774, now Folio 20727, County Sligo.
Lands of Mullaghnaneane in the Barony of Carbury
containing 5 a. or. 2op.
Printed by Cahlll & Co.
Ltd.,
Parhgatt
Printing Works, Dublin.