The Gazette 1973

Proceedings of the Council

3rd MAY 1973 The President in the chair also present Messrs W. B. Allen, Walter Beatty, Bruce St. J. Blake, John Carrigan, Anthony E. Collins, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Christopher Hogan, Michael P. Houlihan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, John Maher, Gerald J. Moloney, Patrick G. Moore, Eunan McCarron, Patrick McEntee, Brendan A. McGrath, John J. Nash, George A. Nolan, Patrick Noonan, Peter E. O'Connell, Thomas V. O'Connor, Dermot G. O'Donovan, James W. O'Donovan, William A. Osborne, Peter D. M. Prentice, David R. Pigot, Mrs. Moya Quinlan, Robert McD. Taylor, and Ralph J. Walker. Liability of borrower for mortgagee's costs This matter was referred to the Dublin Solicitors' Bar Association for a report. Medical reports The County Tipperary Bar Association requested the Society to communicate with the Irish Medical Asso- ciation on difficulties which have arisen in connection with medical reports and to have guidelines laid down for both professions. It was pointed out that medical reports are essential from the point of view of the patient and that failure or delay in furnishing reports can result in serious injustice. Solicitors are prepared to act on the basis that they would be paid if the claim is successful and in the past the medical profession were prepared to give their services on a similar basis. In recent times however a number of doctors insist that the solicitor will accept personal responsibility for medical reports and examinations and in some cases insist on payment in advance. The Gouncil referred to the existing rulings DR 13 and DR 74 of the Council and it was decided that a deputation be appointed to have a further discussion with the I.M.A. and the I.M.U. Local Authority—term» of approval of loan A local authority have used a form of letter approv- ing of loan applications requesting the applicant to communicate with the solicitor for the local authority who would arrange the necessary legal formalities. The committee recognised that the solicitor in question was not a party to the drafting of the letter and attach no responsibility to him but at the same time recommended that an appropriate letter should be written to the local authority and sent to the solicitor for the County Goun- cil. The report was approved by the Council. Land Registry fees The Council considered on a report from a com- mittee a letter received from the Department of Justice The following was among the business transacted.

stating that the Minister proposes that in due course fees payable to the Land Registry should be accepted in cash or by means of money order, postal order or cheque drawn to the order of the Land Registry or alternatively by Land Registry stamps. A plan has been worked out and will be brought into operation as soon as possible. It was decided to keep this matter under consideration and to inform the Department of Justice that the proposal is satisfactory and that it ought to be brought into operation at the earliest possible moment. Cork Local Admiralty and Bankruptcy Courts The Council on a report from a committee con- sidered correspondence addressed by members to the Secretary of the Department of Justice and the Attorney General referring to doubts about the juris- diction and constitutionality of the above mentioned local Courts. It was suggested that there is a need for a properly constituted modern admiralty jurisdiction in Court and it is suggested that the necessary legislation should be introduced as quickly as possible to remove any doubts which might have been engendered by recent proceedings concerning the jurisdiction of that Court. Costs should be brought into line with the existing Circuit Court Costs and the whole question of admiralty jurisdcition in Ireland should be revised. It was pointed out that the Cork Local Bankruptcy Court is in the same position. It was decided that the Secre- tary should write to the Secretary of the Department of Justice reporting these representations. Purchase of new houses. Costs A member enquired as to whether the recommended scale of costs on a first lease or purchase of a new house published in the Society's Gazette, May 1972 at page 131, applies to a purchase of the fee simple. The Gouncil on a report from a committee decided that the same scale applies to the purchase of the freehold of the property provided that the title is investigated to com- plete the registration and vesting of the property in the client. The Council were asked to express an opinion as to whether a vendor who sells one lot held under a com- mon title with other property giving the usual under- taking and acknowledgement to the purchaser is en- titled to part with the title deeds to a second purchaser of the balance of the property. The question is whether the undertaking and acknowledgement runs with the land. While recognising that this is a question of law on which the Council could not express a final opinion it was stated that as a matter of common sense and practice it was thought that the liability runs with the land and that a vendor who parts with all interest in the land has no further obligation under the under- taking and acknowledgement. 141 Undertaking for safe custody and acknowledgement of production