The Gazette 1940-44

[February, 1943

The Gazette of the Incorporated Law Society of Ireland

42

against the solicitors unless the concealment was with intent to defraud. The action against them was dismissed. The Law of Property Act, 1925, does not apply to this country, but Section 183 thereof is very similar to although not identical in terms with Section 24 Law of Property Act, 1859, as amended by Section 8" Law of Property (Amendment) Act, 1860.

in England operated to give the English Trustee priority over persons claiming an equitable deposit of the Land Certificate from the owner \vithout notice of the bank ruptcy, and two judges (Meredith and Geohegan, J. J.), having held the opposite. The resulting position is most embarrasing to purchasers and raises a problem, the answer to which lies with the legislature. Personal liability of Vendor's Solicitor for non-disclosure to Purchaser. The recent English decision in District Bank Ltd. v. Luigi Grill Ltd. and others (168 L.T.R. 53) deals with the liability of a solici tor acting for the vendor or mortgagor in a •conveyancing matter for the concealment from the purchaser or mortgagee of any instrument or incumbrance material to the title. Under Section 183 (1) of the Law of Property Act, 1825, any person disposing of property for moneys worth to a purchaser, or the solicitor of such a person, who conceals from the purchaser any instrument or incum brance material .to the title with intent to defraud is guilty of a misdemeanour. Under Section 183 (2) any such person or her solici tor is also liable to an action for damages for loss sustained by reason of the concealment of the instrument or incumbrance. In the above reported case the first defendants had charged, by way of legal mortgage, in favour of the plaintiffs as security for £36,000, certain premises which, shortly prior to the date of the mortgage, had been subdemised to sublessees. As part of the terms of the sublease the sum of £4,500, being three year's rent was paid in advance by the sublessees to the first defendants. The second defendants were the solicitors who had acted for the lessees at the granting of the sublease and had also acted for them in connection with the mortgage to the plaintiffs. The underlease was abstracted for the mortgagee but the fact that three years' rent under the sub lease had been paid in advance was not mentioned. The mortgagee suffered loss and instituted proceedings joining the solici tors as co-defendants. It was held that assuming there had been concealment of an instrument or incumbrance (which was not decided) no civil action for damages lay

AN ARD-CHUIRT AR CHUAIRD

CIRCUIT.

COURT ON

THE HIGH

EASTERN CIRCUIT. Wicklow— At Wicklow, Monday, March 8, at 11 o'clock. Wexford— At Wexford, Tuesday, March 9, at 11 o'clock. Waterford —At Waterford, Thursday, March 11, at 11 o'clock. Tipperary (South Riding]— At Clonmel, Fri day, March 12, at 11 o'clock. Tipperary (North Riding)— At Nenagh, Mon day, March 15, at 11 o'clock. Offaly— At Tullamore, Thursday, March 18, at 11 o'clock. Leix —At Portlaoighise, Friday, March 19, at 11 o'clock. Kilkenny— At Kilkenny, Monday, March 22, at 11 o'clock. Carlow— At Carlow, Tuesday, March 23, at 11 o'clock. Kildare— At Naas, Friday, March 26, at 11 o'clock. Judge: MR. JUSTICE GEOGHEGAN. SOUTHERN CIRCUIT. Clare— At Ennis, Tuesday, March 9, at 11 o'clock. Limerick —At Limerick, Wednesday, March 10, at 11 o'clock. Kerry— At Tralee, Friday, March 12, at 11 o'clock. Cork— At Cork, Thursday, March 18, at 11 o'clock. Judges : THE PRESIDENT OF THE HIGH COURT, MR. JUSTICE OVEREND.