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Proceedings of the Council
3rd MAY 1973
The President in the chair also present Messrs W.
B. Allen, Walter Beatty, Bruce St. J. Blake, John
Carrigan, Anthony E. Collins, Gerard M. Doyle,
Joseph L. Dundon, James R. C. Green, Christopher
Hogan, Michael P. Houlihan, Thomas Jackson, John
B. Jermyn, Francis J. Lanigan, John Maher, Gerald
J. Moloney, Patrick G. Moore, Eunan McCarron,
Patrick McEntee, Brendan A. McGrath, John J. Nash,
George A. Nolan, Patrick Noonan, Peter E. O'Connell,
Thomas V. O'Connor, Dermot G. O'Donovan, James
W. O'Donovan, William A. Osborne, Peter D. M.
Prentice, David R. Pigot, Mrs. Moya Quinlan, Robert
McD. Taylor, and Ralph J. Walker.
The following was among the business transacted.
Liability of borrower for mortgagee's costs
This matter was referred to the Dublin Solicitors'
Bar Association for a report.
Medical reports
The County Tipperary Bar Association requested the
Society to communicate with the Irish Medical Asso-
ciation on difficulties which have arisen in connection
with medical reports and to have guidelines laid down
for both professions. It was pointed out that medical
reports are essential from the point of view of the
patient and that failure or delay in furnishing reports
can result in serious injustice. Solicitors are prepared
to act on the basis that they would be paid if the claim
is successful and in the past the medical profession
were prepared to give their services on a similar basis.
In recent times however a number of doctors insist
that the solicitor will accept personal responsibility for
medical reports and examinations and in some cases
insist on payment in advance.
The Gouncil referred to the existing rulings DR 13
and DR 74 of the Council and it was decided that a
deputation be appointed to have a further discussion
with the I.M.A. and the I.M.U.
Local Authority—term» of approval of loan
A local authority have used a form of letter approv-
ing of loan applications requesting the applicant to
communicate with the solicitor for the local authority
who would arrange the necessary legal formalities. The
committee recognised that the solicitor in question was
not a party to the drafting of the letter and attach no
responsibility to him but at the same time recommended
that an appropriate letter should be written to the local
authority and sent to the solicitor for the County Goun-
cil. The report was approved by the Council.
Land Registry fees
The Council considered on a report from a com-
mittee a letter received from the Department of Justice
stating that the Minister proposes that in due course
fees payable to the Land Registry should be accepted
in cash or by means of money order, postal order or
cheque drawn to the order of the Land Registry or
alternatively by Land Registry stamps. A plan has
been worked out and will be brought into operation as
soon as possible. It was decided to keep this matter
under consideration and to inform the Department of
Justice that the proposal is satisfactory and that it ought
to be brought into operation at the earliest possible
moment.
Cork Local Admiralty and Bankruptcy Courts
The Council on a report from a committee con-
sidered correspondence addressed by members to the
Secretary of the Department of Justice and the
Attorney General referring to doubts about the juris-
diction and constitutionality of the above mentioned
local Courts. It was suggested that there is a need for
a properly constituted modern admiralty jurisdiction in
Court and it is suggested that the necessary legislation
should be introduced as quickly as possible to remove
any doubts which might have been engendered by
recent proceedings concerning the jurisdiction of that
Court. Costs should be brought into line with the
existing Circuit Court Costs and the whole question of
admiralty jurisdcition in Ireland should be revised. It
was pointed out that the Cork Local Bankruptcy Court
is in the same position. It was decided that the Secre-
tary should write to the Secretary of the Department of
Justice reporting these representations.
Purchase of new houses. Costs
A member enquired as to whether the recommended
scale of costs on a first lease or purchase of a new
house published in the Society's Gazette, May 1972 at
page 131, applies to a purchase of the fee simple. The
Gouncil on a report from a committee decided that the
same scale applies to the purchase of the freehold of the
property provided that the title is investigated to com-
plete the registration and vesting of the property in the
client.
Undertaking for safe custody and acknowledgement of
production
The Council were asked to express an opinion as to
whether a vendor who sells one lot held under a com-
mon title with other property giving the usual under-
taking and acknowledgement to the purchaser is en-
titled to part with the title deeds to a second purchaser
of the balance of the property. The question is whether
the undertaking and acknowledgement runs with the
land. While recognising that this is a question of law
on which the Council could not express a final opinion
it was stated that as a matter of common sense and
practice it was thought that the liability runs with the
land and that a vendor who parts with all interest in
the land has no further obligation under the under-
taking and acknowledgement.
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