327 / 364
Time for Serving a Writ
Gases where a plaintiff is claiming damages for
personal injuries ought to be brought on for trial
as soon as is reasonably possible, while the facts
are fresh in peoples minds. Consequently if a
plaintiff delays, where a limitation period is run
ning, until the very last minute to issue his
writ, he has only himself to thank if by some
mistake the writ is not effectively served in time.
If the delay, or the mistake which makes it irre
parable, is the fault of a solicitor, he will bear
the consequences of that. Where an application to
extend the validity of a writ is made in such
circumstances, it will be for the plaintiff to show
sufficient reason for the extension to be granted.
The fact that a lot of time was actually spent in
obtaining legal aid is unlikely to evade the plain
tiff. Baker v. Bowketts Ltd., case, which was
reported before the Court of Appeal on 16th
March, illustrates this well [I.L.T.R. and S.J.
(Vol. C) p. 307]
Negligence: Injury to Employee
An employer has, both by the system of working
and by his servants in the course of working, to
take reasonable care to protect each of them from
unnecessary danger. A case, which came before
the Court of Appeal on 16th December 1965,
concerned itself with a stevedore who was in
jured whilst unloading some tea-chests from a
barge. Some of them overhung the hold. He
walked backwards, stepped on one of the over
hanging chests and fell into the hold. He claimed
damages against his employers on the grounds
that they were liable for the injuries which he
had suffered because the other members of the
gang working with him had not warned him of
the overhanging.
It was held (confirming the decision of Thomp
son J. [1965] 2 Lloyd's Rep. 304) that the em
ployers were not liable, for the other members of
the gang were entitled to assume that he had
seen the overhanging and that he would not walk
backwards. They were accordingly under no duty
to warn him of the danger. [Richards v. Brooks,
I.L.T.R. and S.J. (Vol. C)-Journal, p. 317].
CORRESPONDENCE
Sealing by Council of Releases of Mortgages
Questions were recently raised at a meeting of
the Council about delays experienced in obtaining
releases of Local Authority mortgages. The Secre
tary took up the matter with the appropriate
authorities and the solicitor for the Dublin Co.
Council replied to the Secretary's enquiry as
follows :
January 1967
Dear Mr. Plunkett,
Further to my letter of 22nd ultimo, on the
same date I wrote to the Secretary of the Dublin
County Council advising him of the complaint
which had been made to the Council of the Incor
porated Law Society and re minding him that over
the years I had impressed upon him the desira
bility of overcoming the statutory difficulties
which tend to delay the sealing of deeds and
documents by the Council. The Statutes require
that the seal be affixed in the presence of three
persons. Two are wholetime officials and no diffi
culty arises in their regard but the third is an
elected member of the Council and such member
is not always available. Moreover, there are an
immense number of documents to be sealed and
this too makes for delay. Nevertheless, I requested
the Secretary of the Counly Council to empower
me to give the Council of the Incorporated Law
Society an assurance that members of the Society
would be given no further cause for complaint.
I have today received a letter from the Secre
tary referring to my communication and stating
"arrangements have been made for the expedi-
tipus sealing of documents as requested".
4.
I may say that I personally have always appre
ciated the importance of this matter to practi
tioners and will at all times do everything in my
power to expedite their business in this connection.
Yours sincerely,
MATTHEW PURCELL.
County Solicitor.
IRISH STATUTES 1966
1. Electoral (Amendment) Act, 1966
[18 January 1966]
2. Health and Mental Treatment (Amendment)
Act, 1966
[18 January 1966]
3. Tourist Traffic Act, 1966
[8 February 1966]
4. Air Companies Act, 1966
[16 February 1966]
5. Coinage (Amendment) Act, 1966
[28 February 1966]
6. Diseases of Animals Act, 1966
[1 March 1966]
7. Broadcasting Authority (Amendment) Act, 1966
[8 March 1966]
8. National Bank Transfer Act, 1966
[9 March 1966]
9. Patents (Amendment) Act, 1966
.
[15 March 1966]
10. Houses of the Oireachtas (Laying of Documents)
Act, 1966
[15 March 1966]
11. Restrictive Trade Practices (Intoxicating Liquor
and Non-Alcoholic Beverages) (Confirmation of
Order) Act, 1966
[31 May 1966]
12. Industrial Grants (Amendment) Act, 1966
[1 June 1966]
13. Electricity Supply (Special Provisions) Act, 1966
[30 June 1966]