The Gazette 1972

The following was among the business transacted.

Undertaking by solicitor

Members on the authority of a client gave a personal

undertaking to a garage to pay the garage account for

repairs to the client's car when the insurance company's

cheque would have been received by members. The

cheque payable to the client was received and repairs

were carried out but the client was not satisfied and

instructed members not to pay the account. By common

consent the car was taken back and further repairs

executed the client giving his own cheque in settlement.

After examination of the car the client was still not

satisfied and stopped his cheque. Members still hold the

insurance company's cheque in favour of the client who

has requested members to hand it over to him and the

garage company has applied to member for payment of

£523.90 on foot of the undertaking. Members ask for a

ruling from the Council as to whether they should pay

the garage account or hand the cheque to member. The

Council on a report from a committee stated that on the

facts as submitted members were not bound by the

undertaking to the garage because the insurance com-

pany's cheque being made payable to the client was not

received by the solicitor for the purpose of the under-

taking and acceptance by the garage of the client's

own cheque in settlement amounted to a waiver of any

rights under the undertaking.

Interest on damages

The Council directed that a letter be written to the

Committee on Court Practice and Procedure suggesting

that the law relating to interest on damages should be

revised in the interests of claimants so that interest on

damages subsequently awarded should be assessed from

the date of the originating summons at a rate prescribed

oy rules of Court to correspond with the rate of interest

on short-term Government loans.

Increased postal charges

Several members drew attention to the fact that since

the announcement of the applications for increase in

solicitors' remuneration there had been an increase of

50 per cent in postal rates. The Council were of the

opinion that this matter should be dealt with at the

appropriate item in solicitors' bills. In its effect on debt

collection work it is a matter for negotiation and agree-

ment between the client and the solicitor acting for the

creditor with appropriate adjustments where necessary.

County Council—payment direct to client

A member who acted for a client in the sale of a

vested cottage to a County Council and for another

client who sold part of his land to the County Council

mr road widening drew attention to the practice of a

•°unty Council of sending the cheque for the purchase

money direct to the client. As the result of this the

solicitor will probably have to institute proceedings in

°ne case to recover his costs. In the meantime he claims

hen on the completed documents of title and does not

tenc

t o a,

l°w the County Council access to them. By

direction of the Council a letter was written to the

bounty Council seeking an assurance that the procedure

mentioned by member would not be adopted in future.

" no satisfaction is received it was decided that the

matter should be taken up by the Department of Local

^vernment.

Stamp duty—Finance Act, 1970

A member drew attention to the following matter,

aestion 59 (4) of the Stamp Act, 1891, was repealed

by the Finance Act, 1970. Section 59 (1) of the 1891

Act provides that where any contract or agreement for

sale of any estate or interest in property is made it shall

be charged with the same rate of

ad valorem

duty as

if it were an actual conveyance. Sub-section (4) which

has been repealed provided that where any such contract

or agreement is stamped with a fixed duty of 10s or 6d it

shall be regarded as duly stamped for the mere purpose

or proceedings to enforce specific performance or to

recover damages for the breach thereof. By virtue of the

repeal of sub-section (4) the defendant in specific

performance proceedings could raise a stamp duty objec-

tion. It was decided that a letter should be written to

the Revenue Commissioners drawing attention to the

difficulty and suggesting that sub-section (4) of Section

59 of the Stamp Act, 1891, should be reintroduced.

Mortgagee's right to land certificate

Member drew attention to Section 57 of the Regis-

tration of Title Act, 1964, which provides that the

owner of a charge is not by reason of being such owner

entitled to the land certificate and it goes on to provide

that every stipulation whereby the custody of the land

certificate is to be given to the registered owner shall be

void He drew attention to the practice of lending insti-

tutions of requiring that the land certificate should be

deposited with them. The Council on a report from a

committee were of the opinion that the practice at pre-

sent observed by the lending institutions does not occa-

sion any hardship and is generally in the public interest

and decided to take no further action.

Commission scale fee—administration matters

A member enquired whether in assessing the commis-

sion scale fee the gross value of the estate should include

the English and other foreign assets and whether a

separate charge should be made for taking out the

English and foreign grants, fees payable to the foreign

solicitors being regarded as outlay. The Council on a

report from the committee stated that assuming the

commission scale fee is agreed between member and

client it would be chargeable on the gross Irish and

foreign assets. The professional charges of the English or

other foreign solicitors for the extraction of foreign grants

should be paid out of the commission charged. The

foreign outlay would be chargeable in addition.

Service on limited company

Attention was drawn to difficulties which arose in the

service of proceedings on limited companies at the

offices of the companies' accountants. In some cases

the accountants had failed to take action on foot of the

proceedings. It was decided that a letter should be

written to the various accountancy bodies asking them to

draw the attention of their members to the importance

of the matter.

Registry of Deeds

Representations were made to the Registrar of Deeds

on the subject of complaints received from members of

delav in the Public Search Room and also the necessity

of additional telephones.

L.'uid Registry

Representations were also made regarding certain diffi-

culties in connection with the rejection of documents

and mapping in the Land Registry.