153 / 338
that a sufficiently substantial purpose would be that
of showing to the solicitor. The actual document
of which inspection is sought is described as " The
report of the private inquiry held by the defendants
shortly after March 19, 1955
.
.
.
including state
ments of witnesses made in and for the said inquiry."
I must say that the nature of the document very
nearly persuaded me that it was such that it was
likely to fall within privilege without the necessity
for my looking at it. But I decided in my discretion
that I ought to look at it, because there may be
different reasons for an inquiry to be made after an
accident, and accordingly it was produced. It is the
report of " a court of inquiry set up to investigate
the circumstances of an accident to R. S. Longthorn
(the plaintiff), Capstanman, Aston Goods Station,
Jan. 21, 1955." After two preliminary paragraphs
it goes on as follows :
" It was then explained to the injured man the
purpose of the inquiry, that it was not so much
convened to establish guilt or attach blame to either
himself or any other person who may have been
concerned but rather to ascertain the cause of the
accident with a view to safeguarding against any
possible similar happening in the future. Longthorn's
cooperation was invited to this end, this being will
ingly promised by him."
On the face of this document it shows that the
purpose of the inquiry was not for the purpose of
furnishing evidence to the solicitor, and I read it
as an express disclaimer by the chairman of the
inquiry that that was its purpose. Whether they had
at the back of their minds that it could be furnished
to the solicitors at that time I do not know. I hope
not, because if they had it seems to me a most
deceptive way of describing the purpose of an inquiry
at which the plaintiff was being asked to give
evidence how the accident happened in order to
protect his workmates in the future.
I hold, therefore, that on the facts of this case
neither this document nor any part of it is privileged,
because the inquiry was not to any appreciable
extent for the purpose of obtaining for or furnishing
to the solicitor to the commission evidence and
information as
to
the evidence which will be
obtained.
I would add one other matter. If I am wrong as
to that it seems to me that the plaintiff was misled
into giving the evidence that he did, and I would hold
even if I were wrong on the main ground of my
decision, that the commission was estopped from
claiming privilege in respect of that part of the
document which contains the plaintiff's evidence.
This appeal is dismissed with costs.
(Longthorn v.
British Transport Commission
(1959) z All E.R. 32).
THE REGISTRY
Register B
SOLICITOR presently in practice seeks partnership in well-
established firm preferably Leinster. Replies in strict confidence
to Box 8.240.
SOLICITOR with 10 years' experience seeks assistantship with
view to partnership. 80x8.241.
LADY SOLICITOR at present disengaged, with experience of
general office work including Probate and Conveyancing and
Wards of
Court
practice, seeks position as Assistant Solicitor.
Box. No. 6.242.
APPOINTMENT
Mr. Gerard O'Donnell, Solicitor, Clonmel, has
been appointed County Registrar for Galway with
effect from ist September, 1959.
OBITUARY
Mr.
John Macken, Solicitor, died
on
the
i8th August, 1959 at Petitswood House, Mullingar,
Co. Westmeath. Mr. Macken served his apprentice
ship with the late Mr. John J. Macken, Mullingar,
was admitted in Michaelmas Sittings 1934 and
practised in Mullingar, Co. Westmeath.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Issue of Duplicate Land Certificates
Applications have been received from the regis
tered 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 28th day of September, 1959.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
i. Registered Owner, Patrick Connor.
Folio
number, 7250. County Cork. Lands of Carhoo in
the Barony of Ibane and Barryroe containing
30 a. i r. 32! p.