The Gazette 1973

Hotel licences and bar licences It was decided to insert a note in the Gazette draw- ing the attention of members to the danger arising from confusion of these licences on the occasion of a sale and purchase. Direct registration by way of assent in the Land Registry Members have enquired whether any directions have been given on the question of improper assents. They pointed out that it is possible to have an assent lodged in the Land Registry having one of the next-of-kin register it as the owner of property of a deceased although he may not be beneficially entitled. The Coun- cil on a report from a committee stated that such a procedure would be improper on the part of the solici- tor. Costs in contentious matters A member wrote to the Society pointing out the risk taken by solicitors in contentious matter which may be unsuccessful. It was pointed out that in the ordinary case a solicitor incurs liability for medical fees, counsel's fees, court fees, etc., and in these circumstances it was suggested that he should be entitled to a commission on the amount of the judgment for taking the risk in the event of success. The Council stated that they were not in favour of this suggestion. Title to make lease Opinion P.2 (2) states that it is the professional duty of a solicitor acting for vendor and purchaser or lessor and lessee to see that the pruchaser or lessee receives a proper marketable title or if the purchaser or lessee has not professional advice to inform him that his interests are not protected so that he can seek pro- fessional advice if he desires. A development lease at a rent of £10,000 per annum with payments for services and seven year «revisions was granted by a major in- surance company for a term of thirty-five years to a developer. The developer now proposes to grant a lease to the tenant. On preparation of the draft sub-lease the solicitor for the tenant raised requisitions asking the lessor to establish the title in the earlier lease of 1969 and raising other requisitions on matters subse- quent to the grant of the 1969 lease. The requisitions were returned with a statement that it is not the practice to answer such requisitions and that in the experience of the solicitors acting they are never raised. The Council on a report from a committee took the view that a solicitor failing to raise requisitions and failing to provide for them in a contract could be guilty of negligence. In the particular circumstances of the case the failure of the vendor's solicitors to consider amendments to the contract to allow requisitions to be raised could be an infringement of Opinion P.2 (2). SOL ICITORS 'ANNUAL WEEKEND RETREAT 1973 This Retreat will take place at the Jesuit House of Retreats, Milltown Park, Dublin, during the weekend Saturday, 10th March (9 p.m.) to Monday, 12th March (8.30 a.m.). (If preferred those attending may leave when Retreat ends on Sunday evening.) For reservations apply to : John B. McCann, Wake- field House, York Road, Dun Laoghaire, Co. Dublin.

Schedule 2 costs Mr. Osborne and the Secretary made a report on a visit to London where they interviewed members of the staff of the English Law Society and witnessed the taxation of a Schedule 2 bill in a non-contentious matter by one of the Taxing Masters. JANUARY 11th The President in the Chair also present Messrs. W. B. Allen, Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, Nicholas S. Hughes, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, John Maher, Patrick C. Moore, Patrick J. McEllin, Patrick McEntee, Senator J. J. Nash, George A. Nolan, John C. O'Carroll, Peter E. O'Connell, Dermot G. O'Dono- van, James W. O'Donovan, Peter D. M. Prentice, David R. Pigot, Mrs. Moya Quinlan, Robert McD. Taylor. The following was among the business transacted. E.E.C. Report of the work done in connection with the E.E.C. to date was submitted. Solicitors in local authority acting for a subsidiary body A county solicitor made an application for a waiver to enable him to act for an Urban District Council at a fixed salary. The Council, having considered the reviews of the local bar association decided that the permission should be refused. A waiver for this purpose is necessary under paragraph 8 of the Professional Prac- tice Regulations. Liability for foreign agent's charges On a report from a committee the Council decided to inform a member that he was personally responsible for the costs of English solicitors whom he engated to The Council on a report from a committee stated that there is no objection to a member acting on the instructions of a client opposing the renewal of a book- maker's licence on the ground that the bookmaker de- faulted in payment of a gaming debt. Liability for money held where no client can be identified The Council advised the member to make an appli- cation for payment into Court out of a Trustee Act. If this procedure is not available proceedings may be instituted via the Attorney General. LAW DIRECTORY AND DIARY 1973 It had been hoped that the Directory and Diary would be mailed to members on January 1 but this proved impossible due to delay in getting certain advertise- ments. The Directory and Diary has now been issued and members will note that the Diary section is carried down to include February 1974, so that entries can be carried forward to next year. act on clients' business. Defaulting bookmaker

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