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Council Recommendation—Copy
Documents
It used to be the practice when handing over title
deeds for completion to deliver at the same time to
the purchaser copies of the documents of title in the
vendor's possession. This practice has fallen into disuse
to some extent which is a great pity. It is found in
dealing with such cases that a tremendous amount of
unnecessary copying of documents results by reason of
the non production of the copy documents of title
which must have been with the title deeds at some
stage.
In the majority of cases where property has changed
hands on numerous occasions down the years one
sometimes finds no copy documents among the original
documents submitted for investigation. This causes an
amount of unnecessary copying of documents in sub-
sequent sales. The Society recommends that the copy
documents of title should always be kept with the
originals whether they are handed back to the client
or lodged in banks or with building societies. This
would mean that in subsequent sales the solicitor acting
for the vendor would have at his disposal a set of
title deeds already copied thus saving a lot of unneces-
sary time and expenditure.
STATUTORY INSTRUMENTS
Rules of the Superior Courts (No. 1) 1972
S.I. No. 300/1972
(1) In Appendix W, the amounts of costs specified
for the several items in Parts I, V, VI, and VII shall
be increased by twenty per cent in relation to business
done after these Rules have come into operation.
(2) These Rules shall be construed together with the
Rules of the Superior Courts, and may be cited as the
Rules of the Superior Courts (No. 1), 1972.
Explanatory
Note
These Rules, which come into operation on 5th
December, 1972, provide for an increase in certain costs
prescribed in Appendix W (as amended) to the Rules
of the Superior Courts (S.I. No. 72 of 1962). The costs
affected are those specified in Part 1 (Institution of
Proceedings, etc.), Part V (Bankruptcy), Part VI
(Appeals from Circuit Court) and Part CI I (Fees Pay-
able to Commissioners for Oaths). The Minister for
Industry and Commerce has, under section 2(2)(a) of
the Prices (Amendment) Act, 1972, consented to the
exercise by the rule-making authority (the Superior
Courts Rules Committee with the concurrence of the
Minister for Justice) of their statutory powers to deter-
mine the costs dealt with in the Rules.
S
.I. No. 322/1972
The Circuit Court Rules (No. 3) 1972
On 19 December 1972 the Minister for Justice con-
curred in the making of the Circuit Court Rules (No.
3) 1972, which provide for revised scales of solicitors'
charges in the Circuit Court. The Rules, which will
come into operation on 1 January 1973, cover the in-
creased jurisdiction of the Circuit Court under the
Courts Act 1971.
Although the Rules made by the Circuit Court Rules
Committee are dated 17 November 1972, they were
not submitted for the Minister's signature until 18
December 1972.
Copies of the new Rules are available from the
Government Publications Sale Office or through any
bookseller. The price is 12£p plus postage.
These Rules, which come into operation on 1
January 1973, provide for revised scales of solicitors'
costs in the Circuit Court. The scales of costs set out
in Schedule 1 to the Rules replace the scales of
solicitors' costs set out in Schedule I to the Cirfcuit
Court Rules, 1971 (S.I. No. 41 of 1971). The new
scales cover the increased jurisdiction of the Circuit
Court under the Courts Act, 1971 (No. 36 of 1971).
The new Rules also revoke the Circuit Court Rules
(No. 2), 1972 (S.I. No. 189 of 1972) and repeat
the provisions contained therein. The Minister for
Industry and Commerce has, under section 2 (2)
(a)
of the Prices (Amendment) Act, 1972, consented
to the exercise by the rule-making authority (the Circuit
Court Rules Committee with the concurrence of the
Minister for Justice) of their statutory powers to deter-
mine the costs dealt with in the Rules.
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