The Gazette 1988

JULY/AUGUST 1988

GAZETTE

The Medico- Legal Society of Ireland The Annual General Meeting of the Medico-Legal Society of Ireland took place in the Boardroom of the City of Dublin Skin and Cancer Hospital, Hume Street, Dublin 2, on 11th May 1988, by kind permission. The following Council was elected for 1988-1989 Patron: Professor P.D.J. Holland President: District Justice Gillian Hussey Immediate Past President: Dr. Declan Gilsenan FRCPath Vice President: Leslie Kearon, Solicitor. Hon.Secretary: Mary MacMurrough Murphy, Barrister at Law. Hon.Treasurer: Nora Gallagher, Solicitor. Hon.Auditor: Dr. Sheila Willis Ph.D. Legal: District Justice Cassidy, Raymond Downey, Solicitor, Brendan Garvan, Solicitor, Denis Greene, Solicitor, Eamonn G. Hall, Solicitor, Carmel Killeen, Solicitor, Thelma King, Solicitor, Paula Scully, Solicitor, John Schutte, Solicitor. Medical Dr. Desmond McGrath, Professor P. Meenan, Dr. Robert Towers, Dr. Liam Daly, Dr. Jack Harbison, Dr. Sarah Rogers, Dr. Seamus Ryan, Dr. Anne Clancy, Dr. Donal MacSorley. Mary MacMurrough Murphy Hon. Secretary. INDEPENDENT CONSTRUCTION ADVICE FOR THE LEGAL PROFESSION - Evidence in contractual disputes - Insurance claims or reinstatement valuations - developers feasibility and cash flow forecasting Contact: Tom Evans A.R.I.C.S. AUSTIN REDDY& COMPANY QUANTITY SURVEYORS 30 Morehampton Road, Dublin 4. Telephone: (01) 683479 689633

Ir ish Sol ici tors in London Bar Associat ion On 30 April, 1988, the President and the Director General attended an inaugural reception of the Irish So l i c i t o rs in London Bar Ass.ociation at the offices of the Law Society. On that date, "Isilba" was born. Approximately 150 Irish lawyers in London attended the reception which was kindly sponsored by Allied Irish Banks pic. It was immediately apparent that there are great openings for Irish so l i c i t o rs in London. Commencing salaries in excess of what would be on offer in Ireland were available. However, it was stressed to the delegates that accommodation is very expensive and as a rule of thumb one could deduct £5,000 from the London salary to arrive at an Irish equivalent. The great interest of the lawyers was to see whether reciprocity could be obtained. The President detailed the p r ob l ems arising out of t he compulsory Irish examinations and pointed out that the entire matter was to be considered at the Education Conference to be held in Kinsale commencing on 26 May. The lawyers present laid great stress on t he impo r t ance of reciprocity which would enable them to qualify on a much easier basis that at present exists. At the moment they have to start from the bottom and get no credit for work or experience which they may have at the date of the commencement of their employment. It was agreed t hat t he Association in London would keep in touch wi th Blackhall Place and vice versa to the mutual advantage of all parties. Cliona M. O'Tuama is the President of the Association and she attended the half yearly Conference of the Society in Cork, in May, and addressed t he delegates there.

gives evidence of his motor vehicle colliding with animals straying on the highway and is able to identify the owner of the animals, then there is a prima facie case to be answered by the landowner to rebut t he p r esump t i on of negligence on his part. This burden on the landowner is, of course, not one of strict liability, but it would be necessary for him to prove that he had exercised reasonable care, maintained his fences in a stock- proof condition and taken all reasonable steps to ensure that his stock do not stray on to the public highway. Justice Brennan would say that, in the above example, the burden should shift from the plain- tiff because of the impossibility in many situations, of the plaintiff ascertaining the condition of the l a n d own e r 's f ences, wh i ch knowledge is peculiar to the lan- downer. Other District Justices hold that it is necessary in every case for the plaintiff to prove that the lan- downer's fences were defective, or in some other way that the lan- downer had not taken reasonable care to ensure that his stock did not cause damage by straying on the public road. Difficulties in interpretation there may be, but it would be a foolish and inadequately prepared plaintiff who would come to Court without having made at least some efforts to ascertain the location of defendant's lands, and having some evidence in Court as to the condition of the fences, should it be necessary to rebut the defen- dant's evidence. Justice Brennan, in a decision in the recent District Court case of Frank McCaffrey -v- Michael Lun- dy, has held that a landowner, in order to take reasonable precau- tions, should not only bolt the gate on to lands where stock are held, but should also secure the gate with a lock, particularly if the lands are not in the immediate vicinity of defendant's house. • Note: Copies of Justice Brennan's written judgment may be obtained from the Law Society Library. •

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