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I thank you all for coming here today and wish you
the best of luck and I hope everyone of you will be a
brilliant success in the great profession which it is your
privilege now to join the ranks of.
Presentation of Parchments
Parchments were then delivered to the following
newly qualified solicitors :
Maurice Bannon, 35 Oulton Road, Clontarf, Dublin
3; Robert P. Barrett, B.C.L. (N.U.I.), "Moyne", Model
Farm Road, Cork; Robert Bolton, 24 Lakelands Park,
Terenure, Dublin 6; Barry St. J. Bowman, 133 St.
Laurence Road, Clontarf, Dublin 3; Francis V. Burke,
B.A. (N.U.I.), "Orbsen", Cornamona, Co. Galway;
Declan C. Carroll, B.C.L. (N.U.I.), "Linden", Fermoy,
Co. Cork; Mary E. A. Crowley, Ardvarna, Taylor's
Hill, Galway; Patrick Curran, 78 Temple Road, Black-
rock, Co. Dublin; Paula Desmond, B.C.L. (N.U.I.),
Kilbeg, Bandon, Co. Cork; Gerard D. Diamond, 42
Woodbine Road, Blackrock, Co. Dublin; Peter M. G.
Douglas, B.C.L. (N.U.I.), Rock Road, Blackrock, Dun-
dalk, Co. Louth; Patrick J. M. Durcan, B.C.L. (N.U.I.),
Clew Bay House, Rosbeg, Westport, Co. Mayo; Ber-
trand G. French,
B.Sc., "Ardilea", Westminster Road,
Foxrock, Co. Dublin; Edmund Fry, B.A., "Kinlough",
Kerrymount Avenue, Foxrock, Co. Dublin; Rory Har-
man, B.C.L. (N.U.I.), 55 Shantalla Drive, Beaumont,
Dublin 9; Goretti Hickey, B.C.L. (N.U.I.), "Shali-
mar", Hettyfield, Douglas, Co. Cork; Harry P. Hunt,
12 Casement Street, Cavan; Patrick M. Hurley, B.C.L.
(N.U.I.), "Thomond", Ashbourne Avenue, Limerick.
Sean T. Kennedy, "Craighlea", Carrickmacross, Co.
Monaghan; Laurence P. Kirwan, B.C.L. (N.U.I.),
Moongate, Clonard Road, Wexford; Mary E. Lawler,
B.C.L. (N.U.I.), Milford, Co. Donegal; Colm Mac-
Geehin, 3 Hollybank Road, Drumcondra, Dublin 9;
George D. R. Mills, B.C.L. (N.U.I.), Belvedere Lawn,
Douglas Road, Cork} John L. Mulvey, 123, Lower
Baggot Street, Dublin 2; Michael F. Nolan, B.C.L.
(N.U.I.), Kilkee, Co. Clare; Jacinta Noonan, B.C.L.
(N.U.I.), Castletown, Athboy, Co. Louth; James P. A.
O'Boyle, B.C.L. (N.U.I.), 3 Orwell Park, Rathgar,
Dublin 6; Nancy O'Driscoll, B.C.L. (N.U.I.), Kilcrea,
Ovens, Co. Cork; Sean M. O'Floinn, B.A., 132 Foxrock
Park, Foxrock, Co. Dublin; James R. Osborne, B.A.
(T.C.D.), Knocknagreana, Milford, Co. Donegal;
Aideen A. Rooney, Grianach, Murrough, Co. Galway.
VOLUNTEER CAN RECOVER FROM
SOLICITOR FOR NEGLIGENT ADVICE
In 1938 H, the life tenant under a marriage settle-
ment, exercised her special power of appointment by
appointing irrevocably that after her death and mean-
while subject to her life interest the trustees should hold
one third of the trust fund in favour of her daughter,
T, absolutely. In 1940 she made an exactly similar
appointment in favour of her other daughter, F. In
each case the daughter assigned her share to her own
marriage settlement trustees. In 1962 H purported to
appoint 750 shares of £10 each in a family banking
concern irrevocably to her son, E, and on the same day
released her life interest in respect of the shares, which
were later transferred to E. H died in 1965. The trustees
of T and F's marriage settlements claimed that the
1962 appointment was effective only with regard to 250
of the 750 shares. Certain dealings had occurred with
the shares consequent on the public flotation of the
banking concern, and it was alleged that E had received
between £90,000 and £106,000 to which he was not
entitled. The defendants had been retained by E 'to
act in relation to his acquisition as beneficial owner of
the shares', and they drew up the 1962 appointment
and the release. The claim by T and F's trustees was
compromised, £25,000 and costs being paid to each
set of trustees. E, since deceased, commenced proceed-
ings against the defendants alleging negligence and
claiming as damages the sums paid under the com-
promise. The defendants under RSC ord 18, r 19,
sought out the paragraph of the statement of claim in
which such damages were claimed. The action was
carried on by E's executor.
Brightman J said that the defendants contended that
a plaintiff was not entitled to require his allegedly
negligent adviser to place him, by an award of damages,
in the position he would have occupied if the advice
given had been factually correct. It was said that a
volunteer could not recover from a solicitor who
negligently advised him in that capacity the amount of
any diminution in value of a gift suffered in conse-
quence, because he, the client, was no worse off. Here,
if E had been properly advised, he could have sought
to make some arrangement with his sisters and their
trustees. It seemed to his lordship that the defendants
had not discharged the duty incumbent upon them if
they were to succeed on their claim to strike out. It
might be that the full amount required to satisfy T
and F's trustees would not be recoverable at the trial,
but his lordship dissented from the defendants' basic
proposition; he did not accept that a volunteer could
not recover from a solicitor negligently advising him
the diminution in value of the subject matter of the gift
suffered as a result of the negligent advice. In those
circumstances it would not be proper to exercise the
court's power to strike out. His lordship expressed no
view as to whether the plaintiff would or would not be
able to recover the damages claimed. Summons dis-
missed.
(Montagu v. Bird & Bird—Brightman J.—6 June
1973.)
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