The Gazette 1952-1955

not have appeared in the pleadings or been communi­ cated to the jury ; and that as the “ event ” was in favour o f the defendants, the trial Judge had no jurisdiction to award the plaintiff the costs of the action after the date of lodgment in the absence of such facts as would support a finding of “ special cause ” for so doing. Per Black L .J.—If the plaintiff’s contention were correct the change would be revolutionary. However small the amount a plaintiff would succeed in recovering he would be entitled to the whole costs of the action if the case were tried by a jury, unless the Judge applied the special cause shown proviso, notwithstanding that the defendant may have paid into Court a sum greater than that awarded by the ju ry ; in such a case, contrary to the old long estab­ lished practice, the defendant would not actually have had to pay the plaintiff’s costs in the absence of a special order from the Judge or the Court. The word “ Issue ” in the Rule means not the issue submitted to the jury at the trial, but an issue to be set down formally, such as an interpleader issue. The “ event ” o f an action may be complex; some issues submitted to the jury may be decided in favour o f the plaintiff and some in favour o f the defendant. The effect o f the Rule is not that the party succeeding in the action as a whole is to be entitled to the whole o f his costs o f the action, but that each party is entitled to the costs o f any separate issues found in his favour. (McCormick v. Harland and Wolff Ltd., (1951) N.I. 118.)

DUBLIN SOLICITORS’ BAR ASSOCIATION.

T he Annual General Meeting o f this Association will be held in the Solicitors’ Buildings, Four Courts, Dublin, on Friday the 8th day of October, 1953, at 8 p.m. sharp. CURRENT LEGAL LITERATURE Common Law : Contracts and Torts Bankruptcy and Moneylending (S .J., 27 June 1953). Constructive or Quasi-Contracts ( I.L .T . , 27th “ Cooper v. Railway Executive,” (L .T ., 12th June, 1953). Slippery Drive : Claim against Occupier : “ Bell v. Travco Hotels.” (I.L .T . , 20th June, 1953). C onveyancing and Probate House let in separate apartments—Lessor not liable for rating. (I.L .T ., 23rd May, 1953). Law Society’s (London) Conditions o f Sale 1953. (S .J., 6th, 13th, 20th, and 27th June, 1953). Notice to Quit by a Company—Ejectment refused, Plaintiff Company to pay costs. (“ Claremont Building Co., v. W iley” —Shannon J.) (I.L .T . 30th May, 1933). Rule in Lessence v. Tierney applied : “ Hamilton deed.,—Bank of Ireland v. Hamilton,” (Budd J.) (I.L .T ., 231-d May, 1953). Costs and Practice o f Solicitors Costs consequent on amendment o f Pleading: “ O’Malley v. Eling.” (Budd J.) (I.L .T ., 23rd May, I9D)- Criminal Law and Practice Examinations before Trial and Depositions (Dawson)—(New York Bar Association Record January, 1931). Interventions from the Bench : “ R. V. Clewer ” (I.L .T ., 6th June, 1953). Jurisdiction o f Inferior Courts : Extrinsic Evidence, (I.L .T ., 13th and 20th June, 1953). Magisterial L a w : The Magistrate’s Court Act 1952. (L .T ., 5th June, 1953). Stealing and Intention : “ R. V. Williams.” (I.L .T ., 30th May, 1953). Summary Trial o f Indictable Offences (I.L .T ., 6th June, 1953). Miscellaneous American Constitution and World Order based on 23 June, 4th and n th July, 1953). Railways—Obligation to Fence :

EXAMINATIONS, AUTUMN, 1953 Date Examination Latest date fo r giving notice.

Sept. 7th and 8th. Sept. 7th, 8th and 9th Sept. 8th and 9th. Sept. 25 th and 26th.

Intermediate Final

August 17 th. „ 17th. ,, 1 8th. September 4th.

Preliminary

First and Second Irish.

LIBRARY T he Library will be closed from August 24th to September 23rd inclusive, except on the days of vacation sittings. Members urgently requiring books on other days will be facilitated on special application to the General Office.