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FEBRUARY, 1920]
The Gazette of the Incorporated Law Society of Ireland.
27
Recent Legal Decision.
CHANCERY DIVISION (ENGLAND).
(Before PETERSON, J.)
Jordy
v.
Vanderpump.
Jan. 29, 30 ; Feb. 2, 3.—
Solicitor—Insurance
Company
—
Agent—Policy on life of client
—
Commissions
—
Written evidence of client's
knowledge and consent.
One of the questions arising in this action
was whether a solicitor, who was agent of an
insurance company and had effected with
the company an endowment policy on the life
of his client to enable the latter to carry
through a mortgage transaction with other
clients of the Solicitor, was entitled to receive
and retain for his own use the commissions
paid by the company to him in respect of
the annual premiums on the policy. The
evidence of the solicitor was that, when
discussing with his client the question of
effecting the policy, he told his client that
there would be a commission coming to him
(the witness), and that his client agreed.
But the client in his evidence denied any
such conversation ever took place or that he
knew that his solicitor would receive a
commission in any capacity.
Peterson, J., in the course of his judgment,
said that the question relating to these
commissions depended upon whether the
client knew that his solicitor was to receive
them and consented to it. On that question
there was a direct conflict of testimony1
between the solicitor and the client, and his
Lordship was not at all satisfied that the
solicitor's
recollection was
correct. One
thing, however, was clear, and that was that
if a solicitor intended to receive and retain
commissions such as those in dispute, he
should obtain at the same time some evidence
in writing that he was entitled to receive and
retain for his own use commissions so paid,
and that his client knew of the fact and
consented to it.
In circumstances such as
those under consideration the onus was on
the solicitor, and his Lordship was not
satisfied that the client knew that the solici
tor would receive these commissions. On
the cases cited, and upon principle, it was
clear that in the circumstances the solicitor
could not, as against his client, retain the
commissions, and that he was bound to
refund them.
(Reported W.N., 14 Feb., 1920, 64.)
Dates of Spring Assizes, 1920.
NORTH-EAST CIRCUIT.
Co. Meath.—At Trim, Monday, March 1st,
at 11.30 o'clock.
Co. Louth.—At Dundalk, Wednesday,
March 3rd, at 11.30 o'clock.
Co. Monaghan.—At Monaghan, Friday,
March 5th, at 11 o'clock.
Co. Armagh.—At Armagh, Tuesday, March
9th, at 11 o'clock.
Co. Down.—At Downpatrick, Friday,
March 12th, at 12.30 o'clock.
Co. Antrim.—At Belfast, Tuesday, March
16th, at 1 o'clock.
Co. of the City of Belfast.—At Belfast,
Monday, March 22nd, at 11 o'clock.
Judges.—
The Rt. Hon. the Lord Chief
Justice ;
the Rt. Hon. Mr. Justice Pirn.
Registrars.—
Wm. T. Sheridan, Esq., Soli
citor,
1
Elgin Road, Dublin;
Francis
Kennedy, Esq., 25 Wellington Place, Dublin.
NORTH-WEST CIRCUIT.
Co. Westmeath.—At Mullingar, Monday,
March 1st, at 11.30 o'clock.
Co. Longford.—At Longford, Tuesday,
March 2nd, at 11 o'clock.
Co. Cavan.—At Cavan, Thursday, March
4th, at 1.30 o'clock.
Co. Fermanagh.—At Enniskillen, Monday,
March 8th, at 11 o'clock.
Co. Tyrone.—At Omagh, Thursday, March
llth, at 11 o'clock.
Co. Donegal.—At Lifford, Monday, March
15th, at 11 o'clock.
Co. Londonderry—At Londonderry, Thurs
day, March 18th, at 11.30 o'clock.
Co. of the City of Londonderry.—At Lon
donderry, Saturday, March 20th, at 10.30
o'clock.
Judges.
—The Rt. Hon. Mr. Justice Gibson ;
the Rt. Hon. Mr. Justice Dodd.
Registrars.
—Nathaniel Taylor, Esq., Soli
citor, 23 St. Stephen's Green, N., Dublin ;
W. Houston Dodd, Esq., Barrister-at-law,
46 Hannaville Park, Terenure, Co. Dublin.