The Gazette 1990

GAZETTE

PRIL

1990

Disadvantages of this scheme

a. Input credit may be reduced

depending on the mix of the

group.

b. Registrtaion on input VAT and

genera) overhead group depend

on the group turnover rather

than the individual company

turnover.

c. Each member is jointly and

severally liable for the Tax

although only one member is

liable to deliver the statutory

returns.

Taxation

Committee

Solicitors (Practice, Conduct

and Discipline) Regulations,

1990 S.I. No. 99 of 1990.

The above regulations came into

force on 1 June, 1990. They require

that a solicitor instructed to make

a personal injuries claim on behalf

of a person who is not of full age

shall not settle that person's claim

without first issuing proceedings in

the appropriate court and having

the terms of such

settlement

approved by that court.

The full text of the

Statutory

Instrument is printed

hereunder.

The purpose of this Regulation is

prohibit

what has been loosely

called a 'parent indemnity'

settle-

ment, that is, a settlement of a

perceived non-serious infant case

by payment of an agreed amount to

the parentis) of the infant by the

defendant's

insurance

company,

(without proceedings being issued

and without court approval, or the

lodging of the amount in court), in

consideration of which the parent(s)

give a written indemnity

to the

defendant/insurance company con-

cerned in the event of the infant

suing the defendant after reaching

full age.

The Incorporated Law Society of

Ireland, in exercise of the powers

conferred on it by Sections 4, 5 and

71 of the Solicitors Act, 1954 (No.

36 of 1954) hereby makes the

following regulations:

1. (1) These regulations may be

cited as the Solicitors (Pro-

fessional Practice, Conduct

and Discipline) Regulations

1990.

(2) These regulations shall

come into force on the 1st

day of June 1990.

2. (1) In these regulations unless

the context otherwise re-

quires —

"the Act of 1954" means the

Solicitors Act, 1954;

"the Act of 1960" means the

Solicitors (Amendment) Act,

1960;

"Court" means any court estab-

lished and for the time being

maintained by law pursuant to

Article 34 of the Constitution;

"the Disciplinary Committee"

means the Disciplinary Commit-

tee appointed pursuant to

Section 6 of the Act of 1960;

"full age" shall be construed in

accordance with the Age of

Majority Act 1985 or any

amendment or modification

thereof;

"personal injuries claim" means

a claim by a person arising from

an act, omission or default of

another or others which causes

personal injuries to that person;

"solicitor" means a solicitor

qualified to practise pursuant to

Section 54 of the Act of 1954;

and includes a firm of solicitors

and any partnership or associ-

ation of solicitors;

3. A solicitor instructed to make a

personal injuries claim on behalf

of a person who is not of full age

shall not settle that person's

claim without first issuing pro-

ceedings in the appropriate court

and having the terms of such

settlement approved by that court.

4. The failure of a solicitor to

comply with Regulation 3 of

these regulations may, upon due

enquiry by the Disciplinary Com-

mittee, be deemed by the Dis-

ciplinary Committee to be

misconduct within the meaning

of the Act of 1960.

Signed on behalf of the Incorpor-

ated Law Society of Ireland this 6th

day of April, 1990.

Ernest J. Margetson,

President of the Incorporated

Law Society of Ireland.

Local Government (Multi-

Storey Buildings) Act 1988

Practitioners are referred to the pre-

contract requisitions relating to the

Local Government (Multi-Storey

Buildings) Act 1988, which were

published as a supplement to last

months

Gazette.

Please note that

the word "specified" on the first

line of requisition 6 should read

"multi-storey".

Ms. Catherine Treacy, Barrister,

has been appointed Registrar

of Titles and Deeds.

EUROPEAN

LAW STUDENTS

ASSOCIATION

ELS

IRELAND

First General Meeting

with Wine & Cheese

to follow

at the

Offices of the Commission

of the European Communities,

Molesworth St., Dublin 2.

Tuesday, 17 July, 1990

at 6.00 p.m.

All interested in joining ELSA

— Ireland are very welcome.

For further information con-

tact Marie Conroy, Secretary,

ELSA-lreland, c/o Incorporated

Law Society, Blackhall Place,

Dublin 7.

169