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The Council
expressed
the opinion
that having
regard to the fact that the solicitor received the in
structions personally from the settlor, P.P., he would
be unwise either to register or stamp the deed contrary
to the settlor's instructions, or to act for either of the
parties in the event of litigation concerning the settle
ment, particularly having regard
to the fact the
solicitor may be called as a witness, and that ques
tions of privilege will arise.
Medical
reports
by
doctors
acting
for
insurance companies :
THE Council considered a report from a Committee
on a letter from a member referring to what was
stated to be the growing practice of insurance com
panies of obtaining reports from members of hospital
staffs where
insured persons are under treatment
without the consent of the patient, and also to the
alleged practice of some doctors making medical
examinations on behalf of insurance companies of
including in their reports information obtained from
the patient concerning
the
circumstances of
the
accident unconnected with his medical condition. It
was ordered that a copy of the letter should be sent
to the Medical Council for their observations.
Jurisdiction of the District Court in civil
cases :
A COMMITTEE of the Council reported that this matter
had been considered, and that a circular had been
sent to the Bar Associations requesting their views,
but that up to the present only half the Bar Associa
tions have replied.
It was ordered that the matter
should be postponed pending a further circular to
the Bar Associations.
Marriage Settlement :
COSTS of transfer of property following an agreement
for a marriage settlement. On the occasion of an
intended marriage, Mr. A., Solicitor acting for the
intended wife prepared a draft pre-nuptial agree
ment, and submitted
it for approval
to Mr. B.,
Solicitor for the settlor and his son, the intended
husband.
The intended wife agreed
to bring a
sum
of
^1,000
into
the
settlement,
and
the
settlor
agreed
to
transfer
to
the
intended hus
band certain premises on
the celebration of
the
marriage. The document was duly executed by all
parties. The marriage was celebrated, and arrange
ments are now being made to transfer the premises
in accordance with the terms of the agreement. The
Council expressed the view that it is the privilege of
the wife's solicitor
to draw up and register
the
transfer, and the duty of the husband to pay the
expenses thereof.
Costs of defending proceedings under the
Road Traffic Acts :
A MEMBER reported that his firm had acted for die
defendant in a prosecution under the Road Traffic
Act with the consent of an insurance company which
had issued a policy of insurance to the defendant.
The defendant was a regular client of the solicitors
who conducted the defence, but these solicitors did
not act generally for the insurance company. The
insurance company wrote to the solicitors stating that
they were agreeable that they should defend die
proceedings, and that they would pay the sum of
2 guineas.
The Council expressed the view that a
fee of 2 guineas in a case of diis kind is inadequate,
and that the minimum fee which should be offered
and accepted is 4 gns.
Solicitors' Bill :
THE Council considered the draft Solicitors' Bill, 1949,
prepared by the parliamentary draftsman, and sub
mitted to the Society. They also considered a report
from the Solicitors' Bill Committee which stated that
the draft Solicitors' Bill, 1949, had been compared
carefully with the draft Solicitors' Bill, 1943, sub
mitted by the Council on behalf of the Society to the
Department of Justice
in April,
1943,
and
later
amended with the authority of general meetings of
the Society, and that the parliamentary draftsman's
Bill was substantially the same as the 1943 draft.
It
was ordered
that the matter be
referred
to
the
Solicitors' Bill Committee with authority to take the
matter up with
the Minister for Justice and the
Government with a view to having the Bill intro
duced in Dail Eireann as soon as possible.
Legal Diary :
THE Secretary reported that following negotiations
between the Society and the Minister for Finance
and Messrs. Browne & Nolan, the Minister had agreed
to increase the State contribution to the Legal Diary,
and that Messrs. Browne & Nolan had agreed to
continue publication.
Application Under Section 47 t
AN application under Section 47 was considered by
granted on payment of the current licence duty.
STAMP DUTY
ON LEASES
IN the last issue of the Gazette it was reported that
Mr. Justice Maguire had held in the case of John
O'Sullivan, appellant, and the Revenue Commis
sioners, respondents, that Section 13 of the Finance
(No. 2) Act, 1947, does not apply to leases, and that
property which was disposed of by way of lease in
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