70 / 364
production was injurious to public interest. The
validity of the Statutory Instrument to which the
doctrine of
ultra vires
was applicable was also raised.
JThe court HELD that:
1. Crown privilege, being a matter of substantive
law and not mere practice or procedure, R.S.C.
Ord. 24, r. 15,* in so far as it purported to alter
(not merely to state) the existing law was
ultra
vires.
2. In order that Crown privilege should be success
fully asserted, the objection must be sufficient in law
and must be taken in proper form, that was, in the
ordinary way by the Minister himself, on oath, if
need be, after considering the documents himself.
Lord Denning stated that if it is not taken in proper
form, the court can overrule the objection and order
production; but before doing so, it will, as a rule,
inspect the documents itself in order to determine
whether in point of substance their production would
be injurious to the public interest.
3. That the objection of a Minister to the pro
duction of a class of documents was not conclusive
and if the court was of the opinion that it was not
taken in good faith or that there were no reasonable
grounds for the claim of privilege it would override
the objection and order production, but that residual
power of the court would only be exercised in
exceptional and rare cases.
4. That where a Minister was objecting to all
documents in a particular class even though none of
them contained any information which, if revealed,
would injure the public interest, he should describe
the nature of the class and the reason why the
documents should not be disclosed.
5. That, although the further affidavit of the
Minister was ambiguous and incomplete, on balance,
the interests of justice did not require the production
of the documents and that accordingly the Minister's
objection to their production should be upheld and
the appeal dismissed.
(In re Grosvenor Hotel, London (No. 2) [1964]
3 IF.L.R., pp. 992-1029.)
*There is as yet no corresponding rule in this
country, as this principle has
been incorporated
for the first time in the English R.S.C. 1964.
FACSIMILE PROBATE ENGROSSMENTS
The Probate Office will accept engrossments of
wills made by the Society's document copying service
where the original is in typescript or legible manu
script. Points to be noted :
I. Copies will be made on paper supplied by the
Society, dimensions i5"xio" or
I3"x8" as
appropriate.
2. The engrossment lodged in the Probate Office
should be accompanied by an extra paper
backing sheet which will be stapled into the
grant.
3. The usual certificate that the engrossment is a
true copy by the solicitor should either be
appended or typed on a separate sheet.
OBITUARY
MRS. MAUREEN A. GALLEN, Solicitor, died on the
2nd December, 1964, at the Bon Secours Hospital,
Dublin.
Mrs. Gallen served her apprenticeship with the late
Mr. John Hawthorne, 15 Eustace Street, Dublin,
was admitted in Easter Sittings, 1934, and practised
at 15 Eustace Street, Dublin under the style of
Messrs. John Hawthorne & Co.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Issue of new Land Certificate
Applications have been received from the registered
owners mentioned in the Schedule annexed hereto,
for the issue of Certificates of Title in substitution for
the original Certificates issued in respect of the lands
specified
in
the said Schedule, which original
Certificates, it is alleged, have been lost or in
advertently destroyed.
A new Certificate will be issued in each case,
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of Title
is still in existence, and in the custody of some person
other than the registered owner. Any such notification
should state the grounds on which such Certificate is
being held.
Dated the yth day of January, 1965.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE
1. Registered Limited Owner, MaryAnne Kiernan.
Folio number 4017. County Longford. Lands of
Monaduff in the Barony of Longford containing
323. 2r. lop.
2. Registered Owner, Richard Recks (Junior).
Folio number 8397. County Kings. Lands of Erry
66