The Gazette 1973

posed lessees raised requisitions asking the lessor to establish title in the earlier lease and raising other requisitions on matters subsequent to the grant of the lease the requisitions being returned with a statement that it is not the practice to answer such requistions and that in the experience of the solicitors acting for the developers they are never raised. The solicitors asked for the views of the Council. The Council took the view that a solicitor failing to raise requisitions and to provide for them in the contract could be guilty of negligence. Affidavits of foreign law The Superior Courts Rules Committee are consid- ering the Society's suggestion that rules of Court be amended to allow affidavits by solicitors to be used as to English, Scottish and Northern Ireland law. The Rules Committee felt that it would be preferable if the Society's representatives on the committee were to write to the President of the High Court asking that in general it would be acceptable to him that the affidavit should be made by a solicitor and that if he were agreeable the matter could be dealt with by way of a practice direction. This is being done. County Solicitor acting for Urban District Council Application was received from the solicitor for a County Council for permission to act for an Urban District Council in the territory of the County Council on a fixed retainer of £400 per annum. The local Bar Association were consulted and recommended that a position of this nature should not be taken by a solicitor other than on a taxed costs basis. It was decided that the waiver should be refused. Gaming debt default of bookmaker On a report from a committee the Council decided that where a bookmaker had defaulted in payment of a bet on the result of a football final there would be no professional objection to a solicitor acting for the claim- ant objecting to the renewal of the bookmaker's licence and representing the objector on any supplemental hearing. Dealings with clients' money where a client cannot be traced A member took over a case from the office of a solicitor now deceased. It involved a collection of rents from four tenants on behalf of an estate. The present solicitor has no information as to the title of the prop- erty, how the tenants hold, who is entitled to the first mortgage interest or the name and address of the person entitled to one of the beneficial interests or how the interest arises. They have approximately £356 in hands. Some of the tenants are paying small rents, other ten- ants have defaulted in payment. It was decided that the only course open to members would be to pay the monies into Court under the Trustee Acts. Abortive mortgage transaction—costs Members acted for the purchaser of a dwelling house to obtain a loan from a building society. The trans- action proceeded to the stage where a cheque was issued to the building society's solicitor but at that stage the purchaser declined to proceed. The solicitor for the building society had retained the borrower's documents and stated that they would be returned on receipt of the cheque for their costs amounting to 40 gns. The 53

form is used for both public houses and hotel licences and that the latter are subject to certain restrictions. The reprint will be brought into operation in 1973. The Council have considered that this is not a satis- factory solution and that a different form of licence should be used in each case. In a letter dated October 31st the Revenue Commissioners stated that in their view the responsibility for ensuring that the licence granted is not a hotel licence does not rest with them. Further the records of the Revenue Commissioners are not always such as to allow the Commissioners to state with certainty which type of licence is involved. In the circumstances apart from the warning note which the Commissioners have indicated will be placed on the licence forms for hotels and public houses alike nothing further can be done. It was decided that the attention of members should be drawn to the danger arising from this position and that they should be warned to make the necessary enquiries. "Improper" assents in the Land Registry Members wrote as to whether any direction had been given on the question of improper assents whereby a personal representative may assent to a bequest or to a share in intestacy to a person other than the person legally entitled. The Land Registry authorities will not look at the will but will merely rely upon the grant of probate or administration and have regard to the per- sonal representative as the person entitled to give the assent irrespective of the title of the beneficiary. The Council stated that it would be improper for a solicitor to be a party to a transaction which would result in a person other than the party legally entitled being regis- Members wrote pointing out that they have always altered the Society's standard conditions by inserting the words "if from any cause other than the wilful default of the purchaser the sale shall not be completed etc." as they felt it unfair that the purchaser should have to pay interest where the delay in closing was not his fault. They suggest that their wording should be adopted as being fairer. The first matter has to some extent been dealt with by the amendment of the stan- dard conditions of sale which will appear in the next edition whereby the word "wilful" has been deleted. Undertakings Members referred to the note at page 233 of the Gazette for September/October 1972 under the heading "Should a solicitor give an undertaking without an irrevocable retainer by the client?" and containing a suggested form of letter of retainer which would require an unconditional affirmative reply in writing from the client which would constitute the necessary authority. They suggested that the letter of authority should be amplified by the addition after the solicitor's signature of the words "I agree" with a space for the signature by the client. Clients are frequently slow to reply to letters but if all they have to do is sign their names and return the original letter it would be easier for them. The suggestion was noted and it was decided to bring it to the attention of members. Lessor's title On the granting of sub-leases for office development negotiated by a letting agent the solicitors for the pro- tered as beneficial owner under an assent. Society's Standard Conditions of Sale