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Schedule 2 costs
Mr. Osborne and the Secretary made a report on a
visit to London where they interviewed members of the
staff of the English Law Society and witnessed the
taxation of a Schedule 2 bill in a non-contentious
matter by one of the Taxing Masters.
JANUARY 11th
The President in the Chair also present Messrs. W.
B. Allen, Walter Beatty, Bruce St. J. Blake, John F.
Buckley, John Carrigan, Anthony E. Collins, Laurence
Cullen, Gerard M. Doyle, Joseph L. Dundon, James
R. C. Green, Gerald Hickey, Christopher Hogan,
Michael P. Houlihan, Nicholas S. Hughes, Thomas
Jackson, John B. Jermyn, Francis J. Lanigan, John
Maher, Patrick C. Moore, Patrick J. McEllin, Patrick
McEntee, Senator J. J. Nash, George A. Nolan, John
C. O'Carroll, Peter E. O'Connell, Dermot G. O'Dono-
van, James W. O'Donovan, Peter D. M. Prentice, David
R. Pigot, Mrs. Moya Quinlan, Robert McD. Taylor.
The following was among the business transacted.
E.E.C.
Report of the work done in connection with the
E.E.C. to date was submitted.
Solicitors in local authority acting for a subsidiary body
A county solicitor made an application for a waiver
to enable him to act for an Urban District Council at
a fixed salary. The Council, having considered the
reviews of the local bar association decided that the
permission should be refused. A waiver for this purpose
is necessary under paragraph 8 of the Professional Prac-
tice Regulations.
Liability for foreign agent's charges
On a report from a committee the Council decided
to inform a member that he was personally responsible
for the costs of English solicitors whom he engated to
act on clients' business.
Defaulting bookmaker
The Council on a report from a committee stated
that there is no objection to a member acting on the
instructions of a client opposing the renewal of a book-
maker's licence on the ground that the bookmaker de-
faulted in payment of a gaming debt.
Liability for money held where no client can be
identified
The Council advised the member to make an appli-
cation for payment into Court out of a Trustee Act.
If this procedure is not available proceedings may be
instituted via the Attorney General.
LAW DIRECTORY AND DIARY 1973
It had been hoped that the Directory and Diary would
be mailed to members on January 1 but this proved
impossible due to delay in getting certain advertise-
ments.
The Directory and Diary has now been issued and
members will note that the Diary section is carried
down to include February 1974, so that entries can be
carried forward to next year.
Hotel licences and bar licences
It was decided to insert a note in the Gazette draw-
ing the attention of members to the danger arising
from confusion of these licences on the occasion of a
sale and purchase.
Direct registration by way of assent in the Land
Registry
Members have enquired whether any directions have
been given on the question of improper assents. They
pointed out that it is possible to have an assent lodged
in the Land Registry having one of the next-of-kin
register it as the owner of property of a deceased
although he may not be beneficially entitled. The Coun-
cil on a report from a committee stated that such a
procedure would be improper on the part of the solici-
tor.
Costs in contentious matters
A member wrote to the Society pointing out the risk
taken by solicitors in contentious matter which may be
unsuccessful. It was pointed out that in the ordinary
case a solicitor incurs liability for medical fees, counsel's
fees, court fees, etc., and in these circumstances it was
suggested that he should be entitled to a commission
on the amount of the judgment for taking the risk in
the event of success. The Council stated that they were
not in favour of this suggestion.
Title to make lease
Opinion P.2 (2) states that it is the professional duty
of a solicitor acting for vendor and purchaser or lessor
and lessee to see that the pruchaser or lessee receives
a proper marketable title or if the purchaser or lessee
has not professional advice to inform him that his
interests are not protected so that he can seek pro-
fessional advice if he desires. A development lease at
a rent of £10,000 per annum with payments for services
and seven year «revisions was granted by a major in-
surance company for a term of thirty-five years to a
developer. The developer now proposes to grant a lease
to the tenant. On preparation of the draft sub-lease
the solicitor for the tenant raised requisitions asking
the lessor to establish the title in the earlier lease of
1969 and raising other requisitions on matters subse-
quent to the grant of the 1969 lease. The requisitions
were returned with a statement that it is not the
practice to answer such requisitions and that in the
experience of the solicitors acting they are never raised.
The Council on a report from a committee took the
view that a solicitor failing to raise requisitions and
failing to provide for them in a contract could be guilty
of negligence. In the particular circumstances of the
case the failure of the vendor's solicitors to consider
amendments to the contract to allow requisitions to
be raised could be an infringement of Opinion P.2 (2).
SOL ICITORS 'ANNUAL WEEKEND RETREAT
1973
This Retreat will take place at the Jesuit House of
Retreats, Milltown Park, Dublin, during the weekend
Saturday, 10th March (9 p.m.) to Monday, 12th March
(8.30 a.m.). (If preferred those attending may leave
when Retreat ends on Sunday evening.)
For reservations apply to : John B. McCann, Wake-
field House, York Road, Dun Laoghaire, Co. Dublin.
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