The Gazette 1952-1955

been dismissed) direct to that second defendant an appro­ priate Order where the causes o f action against the two defendants and the two breaches o f statutory duty alleged are in no way connected l No,, said the Court o f Appeal (Lord Goddard C .J., Birkett and Hodson L. JJ.) reversing Pearson J. In an action against two defendants in respect of injury suffered by the Plaintiff in an accident, in­ cluding the loss o f a leg as a result of a fall of 70 feet, the claim against the second defendants, based on an alleged breach o f statutory duty to provide means to ensure his safety, while working on a roof, under the Factories Acts, was dismissed on the ground that the premises on which the accident occurred were not yet a factory within the meaning o f the Act, but the plaintiff was awarded damages against the first Defendants for breach o f the Build­ ing Regulations 1948. Pearson J. made a Bullock Order for the costs o f the second defendants to be paid direct to them by the first defendants. The Court o f Appeal held however that the order for costs must be set aside and that an Order be made for the Plaintiff to pay the second defendants costs. (Mulready v. J. H. E. W. Bell Ltd., (1953)— —2 All. E.R. 215). Costs o f Trustees —Disbursements of Counsel’s Fees. If, in an action brought by beneficiaries under a will to assert a personal pecuniary claim against the trustees, it was ordered that the costs o f the defendant trustees when taxed as between solicitor and client be paid and retained by the defendants as trustees o f the w ill out o f the estate o f the testator, and that disbursements consisting o f counsel's fe e s amounting to £437 are disallowed on tax­ ation, can the trustees having raised the fu ll amount o f their costs out o f the trust funds pay and retain out o f such fund, all or any o f the £437 ? No, said Vaisey J. The trustees may not retain the disallowed items amounting to £437 out of a total claim o f £2,523. The trustees should account and refund to the residuary estate the whole o f the amount so paid and retained (£437) over and above the taxed costs. (£2086). Per Vaisey J :—My decision in Re Robertson [(x 949 ) 1 All E.R . 1042]—shows conclusively that if any sum is disallowed from a solicitor and client taxation on a trustee’s bill o f costs, and he desires more, he must ask for it. He must not put the disputed amount in his pocket and think he is entitled to have it on some principle o f higher equity, which I confess I fail to understand. The costs o f this application must be paid by the defen­ dants personally as between party and party. (In Re Dargie deceased: Miller v. Thornton- Jones—(1953) I.W.L.R. 991).

INDEX OF STATUTORY INSTRUMENTS. AGR ICULTURE, LANDS AND FISH ER IES

S u bject M atter and R eferen ce N umbers

Cheese Levy Revocation— 153/1953. Cork District Milk Board—Election Day—242/1953. Cork District Milk Board—Minimum Prices for Milk— /I953- . , w . . Creamery Proprietors and Butter Trades Levy to Minister for Butter Stocks—85/1953, 86/1953, 87/1953. Dublin District Milk Board—Minimum Prices for Milk — I 09 /I 953 - . Eggs—Temporary suspension o f regulations— 131/1953. Feeding Stuffs—Emergency provisions revoked— 130/1953. Foot and Mouth Disease—Importation o f Animals allowed 268/1953. Home Grown Wheat—National Percentage for 1952/53— Variation— 138/1953. Home Grown Wheat—Purchase Percentage for 1952/53— 80/1953. Home Grown Wheat—Purchase Percentage for 1953/54— — 204/1953. Home Grown Wheat—Storage and Drying Plant for 1953/54 —238/1953. Levy on Cork District Milk Board amended— 137/1953- Levy on Wholesale Creamery Butter—84/1953. Milk and Dairies Regulations Amendment— 108/1953. Poultry and Rabbit Exports Amendment—m /19 5 3. Rabbits—Prohibition o f Storage between March and September— 110/1953. Shannon Fisheries (Closing o f Free Gap)—41/1953. Shelfish—Exports prohibited save to G-B and NT.— 159/195 3 - Tobacco Rehandlers (Charges) Regulations— 196/1953. Turbary Rights (Revocation)—329/1952. Wheat—257/1953. Wheat Milling— 129/1953. COMMODITIES, GOODS AND SERV ICES Butter (Maximum Prices)—88/1953. Cheese and Condensed Milk (Maximum Prices Revocadon) — I 52 /I 95 3. Control o f Manufactures Regs. 1932 Amendment—77/1953. Cocoa (Maximum Prices Revocation)— 193/1953- Creamery Butter and Butter Boxes (Wholesale Prices)— 82/1953. Emergency Powers (No. 117) Order 1941 relating to compul­ sory sale of goods revoked—218/1953. Emergency Powers (Conditional and Part-Lot Sales) Order 1944—Revocation—75/1953. Footwear Repairs (Maximum Charges Display Revocation) —62/1953. Gas Fund Contribution—100/1953. Gas Undertakers’ Dividends—274/1953. Milk (Maximum Prices to Retailers)—-115/1953. Milk Retail Price—Dublin Sale District— 114/1953, 140/1953. Milk Retail Price—Cork Sale District— 141/1953. Portland Cement (Standard o f Quality)— 165/1953. Reconstituted Whole Milk Prices Revocation— 139/1953- Roll Butter (Maximum Prices)—83/1953. Scrap Lead (Maximum Prices) Revocation—78/1953. Standard M ark O rder :—Flush Wood Doors-—102/1953 ; Cast Iron Rainwater Goods— 187/1953 ; Coal Tar Creosote for Preservation o f Timber— 184/1953; Gold Size— 181/1953 ; Hard Gloss Paints and Enamels—269/1953 ; Heavy S u bject M atter and R eferen ce N umbers

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