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GAZETTE

JANUARY/ FEBRUARY 1986

thereon prior to the Thursday listing day in the know-

ledge that none of the dates following the second next

Tuesday have in fact been taken up. In preparation for

such a date he can ascertain in advance the risk of cases

already listed or at hearing continuing into the week of

the "second next Tuesday". Under this procedure it

seems probable that counsel will have had his brief in

hands for at least 14 days before the hearing of which

probably a minimum of two will be prior to the Thursday

call-over for the purpose of certifying that the case is

ready for hearing. Under this procedure counsel should

have 10 to 12 days notice of his own requirements and

commitments and a minimum of 5 days in which to

ascertain the pace and course of work in the non-jury

and other lists by which he may be affected so as to

determine whether to keep or return the brief. Likewise

a solicitor should have no less than 5 days in which to

brief an alternative counsel if the brief should be returned

to him. The 10 to 12 day length of notice to clients,

witnesses and counsel would seem to be not so long as to

be likely to be forgotten and not so short as to be

incapable of acceptable adjustments of other commit-

ments.

Applicants for adjournments out of the list of

allocated dates will be expected to inform the Court of

how the litigant party and witnesses are personally

affected by the change involved in an adjournment. The

Court will be careful to ensure that the litigants are

aware of the opportunity obtained of having a hearing

and of the loss of that opportunity and of the precise

alternative being chosen. Cases which are taken out of

the list of allocated dates simply for the reason that they

are not in fact ready should not be re-listed in any list

until certified as being ready.

•Mr. Justice Gannon is the senior ordinary judge of the High Court

and has charge of the non-jury list.

Comment. . . (continued from page 3)

research staff, is open to question. There is a crying

need for reform of Land Law and Conveyancing in the

State, a task which has been tackled in Northern Ireland

by the appointment of a special committee under the

chairmanship of Professor John Wylie. It is suggested

that the newly formed Commission might consider

operating through similar committees or working

parties headed by members of the Commission or its

staff with a view to enlisting the assistance of the most

experienced practitioners as well as those best qualified

to carry out academic research.

These reforms however will not achieve anything

unless proper arrangements are made for the processing

of the Commission's reports and draft legislation into

law. Consultation with Government departments must

take place before, not after, the publication of the Com-

mission's final report. Special arrangments should be

made to provide parliamentary time for the debating of

the draft legislation apart from the time normally

devoted to departmental legislation.

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Member of the Institute of Professional Investigators

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Principal

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