The Gazette 1989

GAZETTE

DECEMBER 1989

Mini ster for Jus t i ce (Mr. Burke): A Bill to amend the Solicitors Acts, 1954-1960 is at a very advanced stage of preparation in my Department and will be intro- duced as soon as possible. As Deputies will, no doubt, be aware the Fair Trade Commission have been conducting a study into the legal profession and I understand their report is expected shortly. Any recommendations made by the commission would need to be taken into account before the Bill is finalised. Dai! Debate, November 9, 1989 Family Home Protection Legislation. Mr. Flanagan asked the Minister for Justice if it is his intention to amend the Family Home Pro- tection Act, 1976, having regard to the fact that the Act provided no protection to a spouse in a situation where a creditor applied for the sale of a family home on foot of a judgment mortgage against the family home, for the amount of a debt obtained against the other spouse on the basis that the Family Home Protection Act only applies to conveyances by one or other of the spouses and not by a third party and that consequently a judgment mortgage is not a con- veyance within the meaning of the Act, but an operation of law, resulting in a situation whereby a spouse can freely obtain an unsecured loan, which if not repaid can be registered against the family home and ultimately lead to the sale of the family home, in spite of the absence of consent by the other spouse. Mini ster for Jus t i ce (Mr. Burke): I have no proposals to amend the Family Home Protection Act, 1967, so as to apply it to judgment mortgages obtained by third parties. When the Act was initiated the then Minister for Justice made clear in the House that the legislation was not intended to apply to judgment mortgages - though there is provision whereby a spouse may apply to the court for protection if the other spouse is behaving improvidently with the intention of putting the continued ownership of the family home in jeopardy. In addition, if the Act were to give protection to spouses against sales

by judgment mortgages no doubt it could operate to the disadvantage of spouses who seek in the ordinary way to arrange credit. " . . . the legislation was not intended to apply to judgment mortgages . . . " Recent case law in any event suggests that a spouse who is in actual occupation of a family home and who has acquired a beneficial interest in that home has rights of occupation as co-owner of the home which would be binding on a judgment mortgagee seeking a sale. Moreover, the effect of the legislation which is being prepared in my Department to give each spouse equal rights in the owner- ship of the family home and contents will be to strengthen the position of the non-owning spouse. A recent High Court decision which is under appeal to the Supreme Court could also have implications for this area. Dáif Debates, November 21, 1989

PROBATE

SEARCH ENGLAND Jordans - the largest and longest established corporate services firm in the UK - • provide Probate Services to Solicitors in Ireland • specialise in applications based on foreign domiciles • attend all other main public Registries on a daily basis • are able to sort out any of your problems on the spot • attend all other Registries in London • are speedy and cost- effective YOU are able to deal with more pressing matters while WE capably deal with your Probate work. Ring now for more information (031)2533030 Jordan & Sons Limited Jordan House

THE SOLICITORS' BENEVOLENT ASSOC I AT ION

A CASE IN NEED

Mrs. "X" is in her late 40's, she is the widow of a Solicitor, has five children under 21. Her only income is a widow's pension and family allowance. She has to provide for her family and maintain a home. She faces this enormous responsibility alone. Who can she turn to for help? - The Solicitors' Benevolent Fund. The Solicitors' Benevolent Association assists such cases - and many others where the age of def endants of members of the profession ranges from "under 10" to "over eighty". The Committee of the Association meets monthly and its work covers the entire country, north and south. The Committee funds come from annual subscriptions from members of the Law Society of Northern Ireland and The Incorpor- ated Law Society of Ireland, together with additional subscriptions received from Bar Associations, and individual Solicitors or firms of Solicitors. In recent years the calls on the Association's resources have become more numerous and this year the Committee faces a relatively large deficit. It urgently needs extra funds. Subscriptions can be sent to the Secretary, Ms Clare Leonard, The Solicitors' Benevolent Association, 40 Lr. Fitzwilliam Square, Dublin 2, or c/o The Law Society, Blackhall Place, Dublin 7.

i

Brunswick Place London N1 6EE Telex 261010

- f i g *

Fax 031-251 0825 !

9ft*

441