The Gazette 1958-61

THE REGISTRY Register B

that a sufficiently substantial purpose would be that of showing to the solicitor. The actual document of which inspection is sought is described as " The report of the private inquiry held by the defendants shortly after March 19, 1955 . . . including state ments of witnesses made in and for the said inquiry." I must say that the nature of the document very nearly persuaded me that it was such that it was likely to fall within privilege without the necessity for my looking at it. But I decided in my discretion that I ought to look at it, because there may be different reasons for an inquiry to be made after an accident, and accordingly it was produced. It is the report of " a court of inquiry set up to investigate the circumstances of an accident to R. S. Longthorn (the plaintiff), Capstanman, Aston Goods Station, Jan. 21, 1955." After two preliminary paragraphs it goes on as follows : " It was then explained to the injured man the purpose of the inquiry, that it was not so much convened to establish guilt or attach blame to either himself or any other person who may have been concerned but rather to ascertain the cause of the accident with a view to safeguarding against any possible similar happening in the future. Longthorn's cooperation was invited to this end, this being will ingly promised by him." On the face of this document it shows that the purpose of the inquiry was not for the purpose of furnishing evidence to the solicitor, and I read it as an express disclaimer by the chairman of the inquiry that that was its purpose. Whether they had at the back of their minds that it could be furnished to the solicitors at that time I do not know. I hope not, because if they had it seems to me a most deceptive way of describing the purpose of an inquiry at which the plaintiff was being asked to give evidence how the accident happened in order to protect his workmates in the future. I hold, therefore, that on the facts of this case neither this document nor any part of it is privileged, because the inquiry was not to any appreciable extent for the purpose of obtaining for or furnishing to the solicitor to the commission evidence and information as to the evidence which will be obtained. I would add one other matter. If I am wrong as to that it seems to me that the plaintiff was misled into giving the evidence that he did, and I would hold even if I were wrong on the main ground of my decision, that the commission was estopped from claiming privilege in respect of that part of the document which contains the plaintiff's evidence. This appeal is dismissed with costs. (Longthorn v. British Transport Commission (1959) z All E.R. 32).

SOLICITOR presently in practice seeks partnership in well- established firm preferably Leinster. Replies in strict confidence to Box 8.240. SOLICITOR with 10 years' experience seeks assistantship with view to partnership. 80x8.241. LADY SOLICITOR at present disengaged, with experience of general office work including Probate and Conveyancing and Wards of Court practice, seeks position as Assistant Solicitor. Box. No. 6.242. APPOINTMENT Mr. Gerard O'Donnell, Solicitor, Clonmel, has been appointed County Registrar for Galway with effect from ist September, 1959. OBITUARY Mr. John Macken, Solicitor, died on the i8th August, 1959 at Petitswood House, Mullingar, Co. Westmeath. Mr. Macken served his apprentice ship with the late Mr. John J. Macken, Mullingar, was admitted in Michaelmas Sittings 1934 and practised in Mullingar, Co. Westmeath. REGISTRATION OF TITLE ACTS, 1891 AND 1942 Issue of Duplicate Land Certificates Applications have been received from the regis tered 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 inadvertently destroyed. A duplicate 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 28th day of September, 1959. D. L. McALLISTER, Registrar of Titles.

Central Office, Land Registry, Chancery Street, DUBLIN.

SCHEDULE. i. Registered Owner, Patrick Connor. Folio number, 7250. County Cork. Lands of Carhoo in the Barony of Ibane and Barryroe containing 30 a. i r. 32! p.