44 / 228
foot of the said costs after getting all just credits
on account thereof" with the following additional
words added by the applicant on the advice of his
solicitor " insofar as
the same
became
legally
chargeable to me." The requisition as so amended
was returned to the applicant's former solicitor
and the bill of costs was taxed on foot of the requisi–
tion. The applicant now alleged that he had never
retained the petitioning creditor in connection with
the sale the subject matter of the bill of costs and
that his right to raise this point was safeguarded
by the additional words added to the requisition for
taxation.
It was held by Overend, J. (i) that not–
withstanding the insertion of the qualifying words
" insofar as the same became legally chargeable to
me " there was a clear admission on the face of the
requisition that the petitioning creditor had been
retained as solicitor;
(2) that having signed the
requisition in respect of -the bill of costs which
included the sale transaction it was not open to the
applicant to raise the question of the solicitor's
retainer in regard to the entire of that transaction,
In re Tobin
v.
Hourihane and Cahalane,
(80 I.L.T.R. 60)
ON an appeal from the Circuit Court, Davitt, J.
decided a question as to the liability of an unsuccess–
ful plaintiff for the costs of two separate defences
entered by a solicitor and the assistant solicitor in
the firm, acting separately for two defendants.
The action was for slander of title against two
defendants who consulted a firm of solicitors. An
appearance and defence were entered on behalf
of the first-named defendant by the principal in the
firm and an appearance and defence were entered
on behalf of the second defendant by a solicitor
who was a salaried partner.
Evidence was given
that there was no partnership agreement between
the principal and the salaried partner but that under
the Business Names Act, 1916, both their names
were registered as carrying on business under the
name of the firm.
In addition to receiving a salary
the salaried partner on a number of occasions acted
personally on the principal's instructions
in his
own name and for his own personal profit and it was
understood in the case before the Court that the
salaried partner should act for the second defendant
and that the costs of so acting should be his own
personal property. The County Registrar allowed
each defendant his full costs of appearing and
defending the action by his own solicitor.
In an
appeal against the taxation of the costs
it was
submitted for the unsuccessful plaintiff that there
was no conflict of interest between the defendants
and that one appearance and one defence in Court
would have been sufficient and furthermore that
from the relationship of the defendants' solicitors
one set of costs only should be allowed to the
defendants.
Davitt, J. delivering judgment said
that he was satisfied that separate defences were
necessary and affirmed the decision of the County
Registrar with costs.
The Uninsured Driver
SOLICITORS concerned with running down
cases
will be interested to learn of a scheme which has
been adopted in England between the Minister
for Transport
and
the Motor
Insurers.
An
agreement has been made setting up a Motor
Insurers' Bureau which deals with compensation
of third party victims of road accidents caused by
road vehicles, and damages awarded by the Courts
which such third parties are unable to recover
from a motorist who has failed in his statutory
obligation to insure or where the policy is rendered
inoperative for some reason.
The motor vehicle
insurance companies have agreed with the Minister
of Transport to keep the Motor Insurers' Bureau
in funds and the bureau will pay to persons who
succeed in establishing claims for damages against
uninsured drivers of motor vehicles the amount
which they would have received for damages and
costs had the driver been insured in the ordinary
way. The scheme is also applicable where a motor
vehicle driver has lost the benefit of his policy by
breaking the conditions
thereof.
An important
fact of the scheme is that compensation will be paid
by the Crown on the same scale as would be paid
by the bureau if the accident were caused by a
private car. The scheme is an admirable one as it is
intended to provide for a situation which although
of infrequent occurrence is a source of very great
hardship where it arises.
SUPREME COURT AND HIGH
COURT SITTINGS, 1946-47
Michaelmas
...
loth October to zist December,
1946.
Hilary...
... nth January to 3ist March, 1947.
Easter...
...
ijth April to iyth May, 1947.
Trinity
...
znd June to 3151 July, 1947.
High Court and Supreme Court Rules 1946
COPIES of these Rules, made on the
z^th
May, 1946,
which slightly alter the form of Originating Sum–
monses, are now on sale at
the Government
Publications Sale Office, 3/4 College Street, Dublin,
or through any Bookseller,
Price, 3d.