The Gazette 1973

I thank you all for coming here today and wish you the best of luck and I hope everyone of you will be a brilliant success in the great profession which it is your privilege now to join the ranks of. Presentation of Parchments Parchments were then delivered to the following newly qualified solicitors : Maurice Bannon, 35 Oulton Road, Clontarf, Dublin 3; Robert P. Barrett, B.C.L. (N.U.I.), "Moyne", Model Farm Road, Cork; Robert Bolton, 24 Lakelands Park, Terenure, Dublin 6; Barry St. J. Bowman, 133 St. Laurence Road, Clontarf, Dublin 3; Francis V. Burke, B.A. (N.U.I.), "Orbsen", Cornamona, Co. Galway; Declan C. Carroll, B.C.L. (N.U.I.), "Linden", Fermoy, Co. Cork; Mary E. A. Crowley, Ardvarna, Taylor's Hill, Galway; Patrick Curran, 78 Temple Road, Black- rock, Co. Dublin; Paula Desmond, B.C.L. (N.U.I.), Kilbeg, Bandon, Co. Cork; Gerard D. Diamond, 42 Woodbine Road, Blackrock, Co. Dublin; Peter M. G. Douglas, B.C.L. (N.U.I.), Rock Road, Blackrock, Dun- dalk, Co. Louth; Patrick J. M. Durcan, B.C.L. (N.U.I.), Clew Bay House, Rosbeg, Westport, Co. Mayo; Ber-

trand G. French, B.Sc., "Ardilea", Westminster Road, Foxrock, Co. Dublin; Edmund Fry, B.A., "Kinlough", Kerrymount Avenue, Foxrock, Co. Dublin; Rory Har- man, B.C.L. (N.U.I.), 55 Shantalla Drive, Beaumont, Dublin 9; Goretti Hickey, B.C.L. (N.U.I.), "Shali- mar", Hettyfield, Douglas, Co. Cork; Harry P. Hunt, 12 Casement Street, Cavan; Patrick M. Hurley, B.C.L. (N.U.I.), "Thomond", Ashbourne Avenue, Limerick. Sean T. Kennedy, "Craighlea", Carrickmacross, Co. Monaghan; Laurence P. Kirwan, B.C.L. (N.U.I.), Moongate, Clonard Road, Wexford; Mary E. Lawler, B.C.L. (N.U.I.), Milford, Co. Donegal; Colm Mac- Geehin, 3 Hollybank Road, Drumcondra, Dublin 9; George D. R. Mills, B.C.L. (N.U.I.), Belvedere Lawn, Douglas Road, Cork} John L. Mulvey, 123, Lower Baggot Street, Dublin 2; Michael F. Nolan, B.C.L. (N.U.I.), Kilkee, Co. Clare; Jacinta Noonan, B.C.L. (N.U.I.), Castletown, Athboy, Co. Louth; James P. A. O'Boyle, B.C.L. (N.U.I.), 3 Orwell Park, Rathgar, Dublin 6; Nancy O'Driscoll, B.C.L. (N.U.I.), Kilcrea, Ovens, Co. Cork; Sean M. O'Floinn, B.A., 132 Foxrock Park, Foxrock, Co. Dublin; James R. Osborne, B.A. (T.C.D.), Knocknagreana, Milford, Co. Donegal; Aideen A. Rooney, Grianach, Murrough, Co. Galway.

VOLUNTEER CAN RECOVER FROM SOLICITOR FOR NEGLIGENT ADVICE

which such damages were claimed. The action was carried on by E's executor. Brightman J said that the defendants contended that a plaintiff was not entitled to require his allegedly negligent adviser to place him, by an award of damages, in the position he would have occupied if the advice given had been factually correct. It was said that a volunteer could not recover from a solicitor who negligently advised him in that capacity the amount of any diminution in value of a gift suffered in conse- quence, because he, the client, was no worse off. Here, if E had been properly advised, he could have sought to make some arrangement with his sisters and their trustees. It seemed to his lordship that the defendants had not discharged the duty incumbent upon them if they were to succeed on their claim to strike out. It might be that the full amount required to satisfy T and F's trustees would not be recoverable at the trial, but his lordship dissented from the defendants' basic proposition; he did not accept that a volunteer could not recover from a solicitor negligently advising him the diminution in value of the subject matter of the gift suffered as a result of the negligent advice. In those circumstances it would not be proper to exercise the court's power to strike out. His lordship expressed no view as to whether the plaintiff would or would not be able to recover the damages claimed. Summons dis- missed. (Montagu v. Bird & Bird—Brightman J.—6 June 1973.)

In 1938 H, the life tenant under a marriage settle- ment, exercised her special power of appointment by appointing irrevocably that after her death and mean- while subject to her life interest the trustees should hold one third of the trust fund in favour of her daughter, T, absolutely. In 1940 she made an exactly similar appointment in favour of her other daughter, F. In each case the daughter assigned her share to her own marriage settlement trustees. In 1962 H purported to appoint 750 shares of £10 each in a family banking concern irrevocably to her son, E, and on the same day released her life interest in respect of the shares, which were later transferred to E. H died in 1965. The trustees of T and F's marriage settlements claimed that the 1962 appointment was effective only with regard to 250 of the 750 shares. Certain dealings had occurred with the shares consequent on the public flotation of the banking concern, and it was alleged that E had received between £90,000 and £106,000 to which he was not entitled. The defendants had been retained by E 'to act in relation to his acquisition as beneficial owner of the shares', and they drew up the 1962 appointment and the release. The claim by T and F's trustees was compromised, £25,000 and costs being paid to each set of trustees. E, since deceased, commenced proceed- ings against the defendants alleging negligence and claiming as damages the sums paid under the com- promise. The defendants under RSC ord 18, r 19, sought out the paragraph of the statement of claim in

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