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CIVIL LIABILITY BILL 1960
The purpose of the Civil Liability Bill 1960, which
has recently been published, is:—(i) to amend and
consolidate the law relating to survival of causes of
action on death;
(2) to amend and declare the law
relating to concurrent fault and to joint and several
tortfeasors, based on the draft Bill printed by Dr.
Glanville Williams in his book "Joint torts and
contributory negligence" (1951); and (3) to re-enact,
in the light of the foregoing, the existing statutory-
provisions in regard to damages for the benefit of
the dependants of persons fatally injured. Many
amendments are made to the law of contributory
negligence, including the abolition of the so-called
"Last Opportunity Rule" ;
in future damages will
be apportioned between plaintiff and defendant in
the light of the negligence of each party.
The
Workmen's Compensation Acts and the Air Naviga
tion and Transport Act 1936 will be amended to
bring them into conformity with the new provisions.
The Tortfeasors Act 1951, Fatal Injuries Act 1956
and Sections i to 3 of the Maritime Conventions
Act 1911 will be repealed. The new Civil Liability
Bill is a comprehensive measure of 59 Sections
contained in 29 pages of print; it is accompanied by
a most useful explanatory memorandum of 25 pages.
The Bill and Explanatory Memorandum may be
obtained from the Government Publications Sale
Office, Henry Street Arcade, Dublin, for 2/6 (or
2/10 including postage).
DEFAMATION BILL 1961
This Bill is described as "An Act to consolidate
with amendments some enactments relating to the
law of defamation". Briefly, the Bill re-enacts all
existing statutory legislation relating to libel and
slander, including many of the provisions of the
English Defamation Act 1952. The Bill contains.
30 sections, one repealing Schedule, and a Second
Schedule describing newspaper statements which can
claim qualified privilege either with or without
explanation or contradiction. The bill is due to come
into operation on ist January 1962, and the defini
tions of "newspaper" and "proprietor" should be
noted. The Criminal Libel Act, 1819, as well as the
Libel Acts of 1843, T ^45 an<i !888 are repealed, and
also the Newspaper Libel and Registration Act 1881,
and the Slander of Women Act 1891. Part II (Sections
6 to 13) deals with criminal proceedings for libel,
while Part III (Sections 14 to 30) deals with civil
proceedings for defamation. The Bill and useful
Explanatory Memorandum may be obtained from
the Government Publications Sale Office, Henry
Street Arcade, Dublin, for 1/6
(or 1/9 with
postage).
CORRECTION
It has been pointed out that, in commenting
upon the McMorrow case
(see
GAZETTE, February
1961, page 82)
the member who kindly
com
mented on the case was not guite accurate when
he stated that "... once the Road Traffic Bill 1960
becomes law, as under it liability to passengers will
have to be covered". The comment of the Minister
for Local Government in relation to Section 65 of
the Bill which covers this matter was "that the
regulations will apply of course to public service
vehicles, and my views at present are that the
regulations should also apply to all vehicles of the
private car and station-waggon types, subject to any
representation I may receive."
HIGH COURT RULES 1961
S.I. No. 92 of 1961
The High Court Rules 1961—S.I. No. 92 of 1961—
deal with the following applications to the High
Court in relation to solicitors:—
(1) Applications to be admitted as a solicitor.
(2) Petitions to the High Court by the Society
based on a report of the Disciplinary Committee of
the Society with an alternative finding of mis
conduct or of unsatisfactory answering and a prayer
that the solicitor concerned be struck off the roll,
that he pay the costs of the proceedings, and that he
pay a sum for restitution to the client who has been
defrauded—or a petition that a solicitor, who applies
to be voluntarily struck off the rolls, be granted or
refused.
(3) Provision is made in the many instances set
forth in the Solicitors Acts of 1954 and of 1960, in
which an appeal is provided to the President of the
High Court, that this appeal from an order of the
registrar or of the Society shall be made not more
than one month after the decision appealed from by
a four-day notice of motion; a copy of this notice
of motion together with the affidavit in support is to
be delivered to the Central Offices;
and, unless
otherwise directed by the President, the evidence
shall be by affidavit.
(4) In the case of a person who has refused to
deliver or produce documents under his control, the
Society may apply to the Court by Summary
Summons—Form 3—for an order compelling such
person to comply.
(5) If the Society are of opinion that a solicitor is
guilty of dishonesty in connection with his practice,
it may apply to the High Court by a motion ex-parte
grounded on an affidavit of the secretary for an
order that no bank shall, without leave of the Court,
make any payment out of an account in the name of
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