The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER 1995

N E W

T I T L E S

A U T U M N

1 9 9 5

A f o o t n o te about the desuetude o f

statutes recalls the debate in the

S e n a te in 1971 on a new statute

prohibiting f o r c i b le entry o f p r emi s e s,

when

Desmond O'Malley,

then

Mi n i s t er for J u s t i c e, r e j e c t ed the

arguments of Senators

Mary Robinson

and

John M. Kelly

that fresh

legislation on the s u b j e ct was

superfluous, having regard to the

En g l i sh statutes on the s u b j e ct passed

in 1381 and 1 3 9 1.

W e must hope that the R o u nd Hall

Press c o n t i nu es to e x p a nd its

c a t a l o g ue o f wo r ks o f Irish legal

historical interest, and that its

enterprise in republishing this work

with a new introduction is rewarded in

the market place.

Daire Hogan

Pr o f e s s i onal Negligence Law

Re p o r ts

Editor Bart D Daly BL; Publisher:

Brehon Publishing, Dublin, 1995,

524 pp., hardback, £125.00.

T h e law o f n e g l i g e n ce simpliciter is

dealt with in detail in all the standard

text b o o ks on the s ub j e c t. P r o f e s s i o n al

n e g l i g e n ce h owe v er c o n t a i ns ma ny

varied and c omp l ex aspects o f the law

o f n e g l i g e n ce generally and while

there are En g l i sh text b o o ks written

e x c l u s i v e ly on the s u b j e ct there is

no Irish equivalent which deals

with the s u b j e ct in a c omp r e h e n s i ve

manner.

T h e law in the U K and Ireland has not

a l wa ys run side by side in relation to

certain legal principles g o v e r n i ng

professional n e g l i g e n ce and

a c c o r d i n g ly it would be a dangerous

practice to f o l l ow without question all

o f the principles laid down in the

standard En g l i sh text b o o k s. It is a

natural c o n s e q u e n ce a c c o r d i n g ly that

there have, in the past been

d i f f e r e n c es in the application o f the

b a s ic principles in the c a se law as

b e t we en the U K and Ireland with the

result that, while there are ma ny

similarities, the practitioner must be

aware also o f wh e re the d i f f e r e n c es

lie. F or e x amp l e, in one o f the

landmark Irish c a s es o f

Ward

McMaster (1988)

which centered on

an allegedly negligent survey and

valuation, the S u p r eme Court

f o l l owed the Eng l i sh c a se o f

Anns v

Merton London Borough Council

(1978)

A C,

which has since been

over-ruled in the U K .

A c a s e - b o ok on professional

n e g l i g e n ce dealing with the Irish

j u r i s d i c t i on e x c l u s i v e ly is a c c o r d i n g ly

a work o f i mme n se value to

practitioners due to the a b s e n ce o f any

c omp r e h e n s i ve Irish text b o ok on the

s ub j e ct and the large numb er o f

previously unreported c a s e s. T h e

editor states that he hopes that this

v o l ume will give practitioners all the

important reported and unreported

J u d gme n ts in the area o f professional

n e g l i g e n ce b e twe en the years 1 9 68

and 1 9 9 3.

Part 1

c omp r i s es a selection o f

previously unreported J u d gme n ts

during this period involving the

n e g l i g e n ce o f auditors, auctioneers,

architects, doctors, engineers,

solicitors, s t o c k b r o k e rs and others.

Part 2

c omp r i s es a selection o f head

notes from the landmark reported

c a s e s.

Wh i le no c a se b o ok can be read in

isolation from a text b o ok source there

can be no doubt but that this

c omp i l a t i on is an e x t r eme ly useful

work for practitioners in this area who

can refer to the particular c a se law in

c o n j u n c t i on with other source material

whether from a U K or Irish source.

T h e re is a s u b j e ct index which e n a b l es

the reader to identify the profession

c o n c e r n ed when seeking source

material and there is a list o f statutes

c o n s i d e r ed in the j u d gme n ts reported.

T h e reader is o f c o u r se reliant on the

e d i t o r 's statement that this v o l ume

g i v es practitioners all the important

reported and unreported J u d gme n ts in

the area o f professional n e g l i g e n ce

and, relying on that statement, this is a

b o ok which any practitioner who

practises in this field for either

plaintiff or defendant will find o f

great benefit.

Michael Tyrrell.

The Law of Contract

R A Y M O ND

F R I E L

This is an innovative book on contract law

with considerable emphasis on a compara-

tive treatment of the subject. It examines

all major areas of contract drawing not only

upon English authority and Irish observ-

ance but also the diversity of the Common

Law as operated in the United States, Aus-

tralia and Canada. Attempts have been made

to reflect the ever closer European Union

and the need to create a European legal

ethos if we are to play a full role in the

integration process.

Publication date: September 1995

ISBN 1-85800-066-1; paperback £29.95

1-85800-054-8; hardback £ 4 7 . 50

Drunken Driving and

the L aw (

2nd edition)

M A R K

B L A C AM

This is a thoroughly revised and updated

edition of this definitive work, first pub-

lished in 1986. It explains the changes made

in relation to offences by the Road Traffic

Acts 1994 and 1995, the two statutes form-

ing the basis of the law in this area. It also

outlines the relevant court procedure from

the commencement of charges, the hear-

ing in the District Court, through to the

appeal to the Circuit Court and other re-

view proceedings.

Publication date: September 1995

ISBN 1-85800-047-5 paperback £ 2 2 . 50

Competition Law

Source Book

T O N Y O ' C O N N O R (E D I T O R )

This first volume in the series covers deci-

sions of the Competition Authority in the

period 1 9 9 1 -4 and provides:

• All major decisions (with headnotes) under

relevant subject headings

• A complete list of notifications, with notes

on if, and when decisions have been made

• Procedural guidelines with samples of the

requisite Competition Authority forms

• Consolidated version of the 1991 C om-

petition Act; the Mergers, Take-overs and

Monopolies (Control) Act 1978.

Publication date: October 1995

ISBN 1-85800-048-3 £95.00

T H E

R O U N D

H A L L

P R E S S

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