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APRIL, 1908]
The Gazette of the Incorporated Law Society of Ireland.
105
Reported Cases on Costs.
THIS book, published by the Society some years
ago, contains a collection of
verbatim
reprints of
the Reports of cases relating to costs decided
in Ireland from 1867 to 1891 ; and also of such
of the English cases on the Solicitors' Re
muneration Act up to 1891 as are applicable to
the law in Ireland.
It consists of 735 pages.
The remaining copies will be sold at the re
duced price of
$s.,
postage
6d.
extra, and can
be obtained from the Secretary of the Society,
Four Courts.
Recent Decisions affecting1
Solicitors.
(Notes ofdecisions,whether in reported or tmreported
cases, of interest to Solicitors, are invited from
Members.'}
,
KING'S BENCH DIVISION.
(Before Boyd, Kenny, and Wright, jj.)
In the Matter of an Arbitration between William
Small and The Scottish Live Stock Insurance
Co.
Feb. 10, 1908.—
Practice—Costs—Arbitration
—
Costs of second
counsel — Taxing Master's
discretion.
IN an arbitration (arising out of an insurance
policy) which was held during the Belfast
Assizes after the ordinary court work was over,
and which occupied about three and a half hours,
seven witnesses being examined, the insured
was awarded a sum of ^93
6s. Bd.
with costs.
On the taxation of costs the Taxing Master
disallowed the fee of a second counsel who
appeared for the insured at the arbitration, on
the ground that the case was a small one, and
that one counsel was enough :
Held,
that the Taxing Master had failed to
appreciate the importance of the case, and that
the matter should be remitted back to him with
a direction to him to allow the costs of the
second counsel:.
Semble,
although
it
is a general rule
in
England that, save under exceptional circum
stances, the costs of only one counsel will be
allowed on an arbitration, there is no such
general rule in Ireland.
Reported in I.L.T.R., Vol. XLII-, page 85.
(Before Palles, L.C.B., Johnson, and Boyd,JJ.)
Wells
v.
M'Gregor and Another.
Feb. 5, 1908. —
Practice—Irregularly marked
judgment — Setting aside — Costs — Power to
impose a condition.
IN setting aside a judgment for irregularity it is
now the settled practice of the Court to allow
the defendant his costs only on the terms that
he undertakes to bring no action in respect of
the signing of the judgment or the issuing
execution thereon.
The following is the curial part of the order
made by the Court:—"The said defendants,
by their counsel, hereby undertaking not to
bring any action against the sheriff or the
plaintiff's solicitor by reason of the entry of
the said judgment or the issue and levy of
execution thereunder, but without prejudice to
their right to bring an action against the
plaintiff for same, it is ordered that the said
judgment be set aside as having been over-
marked and marked contrary to good faith,
and that the said defendants be at liberty to
defend this action."
Reported in I.L.T.R., Vol. XLII., page 86.
Result of Intermediate Examination.
AT the Intermediate Examination, held upon
the znd March,
the
following apprentices
passed the examination: —
Currie, William.
Porter, Robert K.
Taylor, Brandon I.
Four candidates attended ;
three passed;
one was postponed.
New Solicitors.
ADMISSIONS DURING MARCH, 1908.
Name.
Served apprenticeship to
McCormick, Charles,
.
Hugh C. O'Doherty, Lon
donderry.
Parke, James Cecil,
.
William A. Parke, Clones.
Sittings and Court Holidays.
THE Easter Sittings begin upon Wednesday,
the isth April, and terminate on Monday, the
18th May.
The following days in Easter Sittings will be
Court holidays :—
Good Friday, i7th April.
Saturday, 18th April.
Easter Monday, 2oth April.
Tuesday, 2ist April.