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GAZETTE
SEPTEMBER 1987
Practice
Notes
Litigation Committee.
Criminal Legal Aid —
Change of Solicitor
When a solicitor is assigned by a
Court to represent a defendant in
a criminal matter, the Court is the
only tribunal that can discharge
that assigned solicitor. A client
cannot discharge the assigned
solicitor without permission of the
Court. Therefore:
(1) If a client informs the
assigned solicitor that he no
longer wishes him to act, the
assigned solicitor should bring
this to the attention of the
Court as soon as possible and
it is then up to the Court tó
discharge the solicitor frorh
his assignment.
(2) If an assigned solicitor
receives a letter from another
solicitor enclosing a notifi-
cation from the client that the
client wishes to discharge the
assigned solicitor, the assigned
solicitor should, if he deems
it necessary or desirable,
attempt to contact the client
directly to verify the client's
wishes; and must, in any
event, bring the matter to the
attention of the Court as soon
as possible.
(3) If a client informs the
assigned solicitor (either
directly or through another
solicitor) that he has engaged
another solicitor in a private
capacity, the
assigned
solicitor must bring the
matter to the attention of the
Court as soon as possible.
(4) An assigned solicitor is under
no obligation to hand over
any papers in his possession
to the client or the intended
new solicitor until the
assigned solicitor has been
discharged by the Court.
(5) A solicitor should not
interview a client, if that
client has already been
granted legal aid and assigned
a solicitor, without informing
that
already
assigned
solicitor. A solicitor should
not seek to interview such a
client unless he has specific
instructions from that client,
or, if the client is a young
person (i.e. under 17 years
old), his/her parents or
guardians.
•
Common Law Motions
Where the Court on a motion for
judgment in default of Defence in
actions claiming unliquidated
damages in tort or contract makes
an Order on consent or otherwise
extending the time for delivery of
Defence the applicant may also
request the Court to adjourn the
motion generally with liberty to
re-enter.
If no Defence is delivered within
the time fixed (or other further time
agreed between the parties) the
motion may be brought before the
Court on service of Notice of re-
entry and lodgment of a copy
thereof and of the original Notice
and Order in the Central Office
without the necessity of complying
again with the provisions of Order
27 r. 9(1) and (2) of the Rules of
the Superior Courts.
•
Ex-Parte Application
Practitioners are requested to file
the grounding Affidavit in the
Central Office beforehand and use
a certified copy bearing the record
number issued by the Central Office
on moving the application.
•
Court Fees
Exemption from Court fees applies
only to
habeas corpus
proceedings,
proceedings under the Extradition
Act 1965, bail applications and
proceedings in a
criminal
case by
way of
Certiorari
or
Mandamus.
In all other cases the fees at
present chargeable pursuant to the
Supreme Court and High Court
(Fees) Order 1986 are £6 in
respect of filing an Affidavit and an
additional £17 in respect of an
originating ex-parte application.
The specific nature of the Order
sought will need to be ascertained
to establish whether proceedings
by way of Judicial Review are
exempt from Court fees. It should
be noted that proceedings by way
of prohibition are not exempt even
in criminal cases.
•
Death Certificates
Members are advised that the
cost of Death Certificates has
been increased from £3.00 to
£5.00.
•
Transfer between Spouses
under the F.H.P.A. 1976
Practitioners should be careful to
note that the exemption from
stamp duty and registration fees
enjoyed on transfers of the Family
Home into the joint names of both
spouses under the Family Protection
Act, 1976, does not extend to
Capital Acquisition tax.
Such a voluntary disposition
constitutes a gift inter-vivos for the
purpose of the C.A.T. Act, 1976.
Accordingly on re-sale or mortgage
it is necessary to produce a
certificate of Clearance from
C.A.T.
In addition, by virtue of the new
computation rules contained in the
Finance Act 1984, applicable to all
gifts taken by the same Donee on
or after the 2nd June 1982 are
agreeable for the purpose of ass-
essing the threshould amount. Thus,
on such transfers under the F.H.P.
Act, instructions should be obtained
as to all previous gifts or inherit-
ances received by the Donee spouse
after the 2nd June 1982 and
advice given accordingly.
•
Inc. Law Society of Ireland
Blackball Place, Dublin 7.
DIARIES 1988
Price £2.00 each
incl. postage.
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