267 / 338
judgments of the court, they should be reversed and
set aside. The grounds of the appeal were that the
judge had misdirected himself, decided wrongly in
law, and wrongly exercised his discretion in holding,
inter alia,
that the plaintiffs' statement of claim was
demurrable and disclosed no cause of action. The
plaintiffs, in interlocutory proceedings before the
Court of Appeal, were given leave to amend the
notice of appeal by adding a supplemental ground,
the effect of which, according to counsel, was to
allege that " there was no prospect of a fair trial ".
The Court o
f Appeal (Lord Evershed M.R., Willmer
and Upjohn
L.JJ.) dismissing the appeal held, that
although th
e judge's interventions went beyond
what was either necessary or desirable, the transcript
showed that the judge, though expressing strong
views about the need for amendment, made it clear
that he invited and expected counsel for the plaintiffs
to address arguments to him if and so far as he did
not accept his views. Further, and more important,
an ample margin of time was given to the plaintiffs
and their advisers to consider what arguments should
be submitted and what amendments put forward.
In the circumstances the plaintiffs had not made good
their case that, on the morning of December 3, they
were justified in their apprehension that any further
prosecution of their claim would not be fairly,
properly, or satisfactorily heard.
(The Times,
July 29, 1960.)
Practice—striking out proceedings—vexatious litigant—
injunction.
In
Att.-Gen.
v.
Venia-^a
(July 21, 1960)
the
Divisional Court, acting under s.
51
(i) of the
Judicature Act 1929, had declaredV. to be a vexatious
litigant and directed that he should not, without
leave, institute proceedings. After the Divisional
Court's order the Supreme Court of Judicature
(Amendment) Act 1959, gave power to the Court to
inhibit in the same manner, proceedings already
instituted. The House of Lords (Viscount Simonds,
Lords Reid, Keith, Denning and Morris), allowing
the Attorney-General's appeal against the refusal of
the Court of Appeal (Omerod, Willmer and Harman
L.JJ. (1959) C.L.Y. 2669) to vary the Divisional
Court's order by ordering V. not to continue without
leave, proceedings already instituted, held, (i) that
the Divisional Court could now make such an order;
(2) that the Court of Appeal could also do so.—
(1960) 3 All E.R. 97 ;
(1960) 3 W.L.R. 466.
Trade unions—election of officer—publication of results of
election.
In
Chappie
v.
Electrical Trades Union
(July 27,
1960) Russell J. granted interim injunctions on a
motion by the plaintiff against the defendant union,
its general president, general secretary and assistant
general
secretary,
restraining
the above-named
defendants until trial or further order from continu
ing to hold the election in process of being held, for
the office of assistant general secretary of the union,
or from publishing the purported results of the
election or the purported number of votes for each
candidate.
(The Times,
July 28, 1960.)
It is understood that an appeal to the Supreme
Court is pending in the case of Sheppard
v.
Callaghan.
(See GAZETTE, Vol. 54, page 40, August-September,
1960.)
OBITUARY
MR. LAURENCE WALSH, solicitor, died on 6th Sep
tember, 1960, at his residence, Coolscart, Hospital,
Co. Limerick.
Mr. Walsh served his apprenticeship with Mr.
Thomas E. F. Bennett, Kilmallock, Co. Limerick,
was admitted in Trinity Sittings, 1942, and practised
at Hospital, Co. Limerick.
MR. WILLIAM J. MURPHY, solicitor, died on i3th
September, 1960.
Mr. Murphy served his apprenticeship with Mr.
James O'Brien, Nenagh, Co. Tipperary, was admitted
in Hilary Sittings, 1938, and practised at Roscrea,
Co. Tipperary.
MR. EDMUND W. MOONEY, solicitor, died on 23rd
October, 1960.
Mr. Mooney was admitted in Hilary Sittings, 1920,
and practised under the style of Messrs. William
Mooney & Son at 15 Westmoreland Street, Dublin.
MR. DERMOT J. HANLY, B.L., died on loth Nov
ember, 1960, at his residence, " Glenholme," Lr.
Churchtown Road, Dublin.
Mr. Hanly served his apprenticeship with Mr.
Charles S. Doyle, 34 Kildare Street, Dublin, was
admitted in Trinity Sittings, 1934, and practised at
38 Parliament Street, Dublin, up to his being called
to the Bar in 1945.
MR. LUGHAIGH P. GLEESON, solicitor, died on I4th
November, 1960, at Barrington's Hospital, Limerick.
Mr. Gleeson served his apprenticeship with the
late Mr. Francis J. Little, 48 Upper Sackville Street,
Dublin, was admitted in Trinity Sittings, 1916, and
practised under the style of Messrs. Michael Gleeson
& Son at Nenagh, Co. Tipperary.
THE REGISTRY
Register A
WANTED, Solicitor or experienced Law Clerk for Convey
ancing. Apply, with particulars, to Guest, Lane, Williams
& Co., Solicitors, 26 South Mall, Cork.
55