The Gazette 1976

SEPTEMBER 1976

GAZETTE

SPRING SEMINAR

SOCIETY OF YOUNG SOLICITORS Introduction

When the Incorporated Law Society suggested that the Society of Young Solicitors be allocated part of each issue of the Gazette we were faced with a fairly for- midable challenge which we agreed, with a certain trepidation, to take up and which we hope that we have the enthusiasm and calibre to meet. Before plunging headlong into print it is essential to give some idea of what form of contribution we plan to make. In the first instance it is proposed to report com- prehensively on the seminars and meetings organised by the Society and to give details of forthcoming events of apparent interest to the profession. It is hoped, from time to time, to introduce a note of levity, a little light relief to these papers, which bashful self-consciousness at our first venture into journalism at present forbids. More importantly, however, it is our intention to pro- vide a compendium of basic information on selected topics in the form of guidelines for which no satisfactory means of reference is readily available, a sort of guide to legal lifemanship which would instruct the uninitiated, alert the unwary and, where necessary, provide a red rag to the unhappy few who are possessed of reforming zeal Because a tendency to specialise in areas of law seems so often to preclude solicitors from providing the kind of service which their clients have come to expect from them the guidelines will be in the form of a brief sum- mary for easy reference only and will not necessarily be exhaustive. Initially it is intended to focus on Family Law and in the forthcoming issues of the Gazette to adhere, more or less, to the following programme which we have devised :- 1. MARRIAGE. 2. BREAKDOWN OF MARR I RAGE 1 :- (a) Nullity. (b) Divorce a mensa et thoro. (c) Separation by Agreement. 3. BREAKDOWN OF MARRIAGE 2 : - (a) Custody of children. (b) Battered wives. (c) Social organisations. 4. BREAKDOWN OF MARR IAGE 3 :- (a) Maintenance. (b) Social Welfare. (c) Legal Aid. 5. BREAKDOWN OF MARRIAGE 4 : - Recognition of foreign divorce. 6. ADOPT ION. 7. LEGI T IMACY and AFF I L IAT ION ORDERS. 8. LEGAL EFFECTS OF MARRIAGE :-

Even if attendance figures alone were the only criterion, the 1976 Spring Seminar, held in the Great Southern Hotel, Killarney on 3/4th April, was remarkably success- ful. The recent spate of Government legislation had quite clearly startled the legal profession and there was therefore particular interest in a Seminar concerned with Conveyancing. First and foremost perhaps, the Seminar heralded the introduction of the new Incorporated Law Society Contract for Sale and John Buckley and Maurice Curran, two of the chief architects of the new Contract, were, quite properly, the heralds. The existing Contracts in all their forms had, they argued, become outdated and there was need for a more modern standard form of Contract which would hold a more even balance between Vendor and Purchaser and which could be used for sales by public auction and private treaty alike. There were some major changes. The payment of the deposit is to be an essential element of the Contract; the closing date is to be five weeks after the date of the Contract unless otherwise specified; interest is only to be payable in the event of the default of the Pur- chaser; the Purchaser is only to be on notice of the covenants, conditions, rights and restrictions contained in the Fee Farm Grant or Lease mentioned in the Particulars of Special Conditions and no more; the Vendor is to warrant that he has full planning per- mission for any development within the last five years unless the Special Conditions provide to the contrary; the Vendor is to be obliged to disclose to the Purchaser any easements or other rights of which he is aware. Mr. Buckley and Mr. Curran considered all the changes, commented at length on the reasons for them and indicated somewhat bravely that they would weather comment, favourably or otherwise, from the floor. The floor, armed with copies of the conditions which had been circulated in advance, availed of the oppor- tunity and having formed themselves into small dis- cussion groups proceeded to dissect the Contract clause by clause. Some sought to prove that the entire Contract was, on a technicality, void and some, perhaps a little less destructively, made other useful comments and suggestions which would be incorporated into the final edition. John C. W. Wylie, well-known for his recent public- ation on "Irish Land Law", in his lecture on 'Recent Case Law in Conveyancing Contracts' comprehensively covered all the modern judicial decisions pertaining to Contracts for Sale and provided the participants with a very useful list of the cases which he analysed. Many conveyancers were in a quandary as to the requisitions on title which ought now to be raised in view particularly of the several recent enactments on Capital Taxation. It was therefore with particular interest that they heard the views of Anthony Osborne and Joseph Dundon who not only considered requisitions on title generally but indeed very kindly dictated forms of requisitions which might be used. Mr. Osborne and Mr. Dundon indicated that a new form of requisitions on title was being drafted by the Incorporated Law Society and would be finalised when one was better able to assess the implications of the numerous recent enactments. One of the most notable features of the Seminar was the re-introduction of discussion groups where the par- ticipants were afforded the opportunity of discussing amongst themselves the effects of the New Contract for

(a) Property. (b) Contract. (c) Tort.

Colleagues are invited to recommend areas of law or practice on which they would like contributions to be made and many comments or suggestions favourable or otherwise will be gratefully received. 150