The Gazette 1952-1955

No, said Upjohn J. The damages should include all damages relating to breach of contract, and extended to all damage which would naturally be expected to flow from the solicitor’s breach o f duty. The facts were as follows :—In 1941, M. a minor, became tenant-in-tail in possession of the settled property. On September 18th, 1944, M. attained his majority, and was then serving overseas with the Royal A ir Force. In December, 1944, M’s mother, as agent for M. consulted solicitors, who, being under a misapprehension that M. was absolutely entitled, advised that no step be taken to transfer the settled property to M. until he returned to England, instead of advising M. to execute a dis­ entailing deed. In May, 1945, M. was killed in action. He was a bachelor, and died intestate, without having disentailed the setded property, which consequendy passed to an uncle of M. M’s mother, as his personal representative, claimed damages from the solicitors for negligence and breach o f contract. The Court found as a fact that the solicitors were grossly negligent and that the breach of contract was established. In the cir­ cumstances, the failure to give proper advice might be expected to result in the loss to M’s estate o f the settled property. Damages were consequendy assessed at £6, 500. (Otter v. Church Adams Tathan & Co. [1953] 1. All E .R . 168.) If, under Order 65, Rule 65 (44) o f the Supreme Court Rules (Ireland), 1905 (corresponding to the relevant English rule), special fe e s may be allowed to counself o r the “ total time occupied by the trial ” exceed­ ing 5 hours, can the Taxing Master, in computing this time allow the time spent by counsel intendewing a Judge in Chambers, or other counsel in the building? Yes, said Vaisey J. I f such time is spent during normal court hours to discuss a possible compromise or setdement, the time spent by counsel on such discussion may be allowed even if they are not in open Court at the time. Per Vaisey J. :—“ So long as the Judge is in open Court, or in his private room, with the Registrar in attendance in Court awaiting his return, and no other case is being tried, or is receiving the attention o f the Judge, the whole o f the time in ordinary Court hours may be said to be occupied by the trial, even if some part of that time is not being employed for the purposes of argument, or the hearing of evidence.” (Lawson v. Tiger—(1953) I. All E.R. —698). The wording o f the Irish Order 65, Rule 65 (44) is wider than the corresponding English rule, because it give's the Taxing Master N o t e :

discretion to allow reasonable refreshers to Counsel in cases where they might have been heretofore allowed.

RECENT LEGAL LITERATURE

Irish Law Times and Solicitor’s Journal J anuary 3RD — The Intent in Larceny, Pt. I ; January 10—The Intent in Larceny, Part I I ; January 17—The Fencing o f Machinery, Aiding and abetting; January 24—The Adoption Act, 1952, Part I ; January 3 1—-The Adoption Act, 1952, Part I I ; Mortgagee suing for possession; February 14— Legislation in Eire, 19 51, Pt I I ; February 2 1— Seduction at Common Law. February 28—Master and Servant—Duty to take reasonable care for the Workmen’s safety. Injuries to Schoolchildren (Rich v. L.C.C.) The Law Times (England). J anuary ?. nd — Pollution o f Rivers (“ Pride of Derby v. British Celanese ” ); January 9—Charitable Trusts : Nathan Committee’s Report; January 16— , Charitable Trusts : Committee’s Recommendations ; January 23—The Bankruptcy Rules, 1952 ; January 20—Modification o f Trusts—I ; February 6— Modification o f Trusts—II. Solicitor’s Remuneration Orders, 1953. Damage by Animals—Goddard Report; February 20—Coronation Seat Cases. Searches on behalf o f Mortgagees ; February 27— Legal Aid, Second Report. Forgery by Co- Trustees (“ Brewer v. Westminster Bank ” ). The Modern Laiv Review—January A New Equitable Interest in Land (Cheshire). The Shock Cases and Area o f Risk (Goodhart). In consistencies and injustices in the Law o f Husband and Wife' (Kahn-Freund). When is a Repeal not a Repeal (Murray). Solicitors’ Journal (England). D ecember 13TH— Company Law, Charitable Objects. Locality Cases in the Law o f Charity. Gifts to Hospitals. Unauthorised U ser: Trustees in Trouble. Music and Charity. The Care o f Children. January 3—Control o f Tenancy : The “ Single Structure ” Test. January 17—Nathan Committee : The Definition o f “ Charity .” Controlled Tenant becoming Licensee (“ Murray Bull v. Murray ” ). 7.4