The Gazette 1984

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GAZETTE JULY/AUGIJST 1984
Solicitors9 Remuneration
General Order 1984
S.I. No. 155 of 1984
We, the body in that behalf authorised by the
Solicitors' Remuneration Act, 1881, as adapted by the
Solicitors' Remuneration Act, 1881 (Adaptation) Order,
1946 (S.R. and O. 1946 No. 208) made pursuant to the
Adaptation of Enactments Act, 1922, do hereby, in
pursuance and execution of the powers given to us by the
said Statute as so adapted, and after due compliance with
section 3 of the Solicitors' Remuneration Act, 1881, make
the following General Order.
1. This Order may be cited as the Solicitors' Remunera-
tion General Order, 1984. The Solicitors' Remunera-
tion General Orders, 1884 to 1982 and this Order shall
be read together and may be cited as the Solicitors'
Remuneration General Orders 1884 to 1984.
2. The following fees chargeable under Schedule II of the
Solicitors' Remuneration General Order 1884, (as
amended by the above-mentioned General Orders
other than this Order) shall be increased as follows:—
2. £0.75 shall be increased to £0.90
3. £0.30 „ „ £0.35
4. £0.25 „ „ £0.30
5. £0.20
6. £0« 10 99 99 99 £0.12
7. £0.35 „ „ £0.40
8. £2« 30 99 99 99 99 £3.00
9. £0.10 „ „ £0.12
£0.90 „ „ £1.10
10. £0.10 „ „ £0.12
11. £0.95 „ „ £1.15
12. £2.50 „ „ £3.00
13. £1.90 ,, ,, ,, ,, £2.30
14. £2.50 „ „ £3.00
15. £47 . 40 9 9 99 9 9 99 £56.90
16. £7.55 9 9 9 9 £9.05
£47.40 9 9 9 9 £56.90
17. £0.95 9 9 9 9 £1.15
£ 1 . 25 99 99 99 9f £1.50
18. £0.75 „ „ £0.90
£0.25 9 9 9 9 £0.30
19. £0.30 „ „ £0.35
20. £8.75 ,, ,, ,, ,, £10.50
This Order shall apply only to business transacted after
the 7th day of February, 1984.
Dated this 7th day of February 1984.
THOMAS F. O'HIGGINS, Chief Justice.
BRIAN WALSH, Senior Ordinary Judge of the
Supreme Court.
FRANK O'DONNELL, President of the Incorporated
Law Society of Ireland.
Explanatory Note
(This note is not part of the instrument and does not purport
to be a legal interpretation thereof)
This Order authorises an increase in specified charges
in solicitors' costs for non-contentious business. It does
not affect the present commission scale fee on sales,
purchases, leases, mortgages or settlements.
Under the terms of Section 6 of the Solicitors's
Remuneration Act, 1881 and Section 3 of the Houses of
the Oireachtas (Laying of Documents) Act, 1966 this
Order does not come into effect until it has been laid
before each House of the Oireachtas and one month or
four sitting weeks (whichever is the longer) has elapsed.
This Order (which applies only to business transacted
after 7th February, 1984 was so laid on 10th February,
1984, the prerequisite statutory period elapsed on 10th
March 1984 and the Order takes effect from 11th March,
1984. •
(continued from p. 157)
29. [1975] 5 W.W.R., at 139. 58 D.L.R. (3d)at 314-15. For an account of
decisions in the United States relating to scientific experiments and
the use of shop equipment in schools, see Ripps. The Tort Liability of
the Classroom Teacher. 9 Akron L. Rev. 19, at 26-30 (1975).
30. Unreported, Supreme Court, 13 July 1966 (5-1966) (at p.2 of his
judgment). See also Courtney -v- Masterson. [ 1949] Ir. Jur. Rep. 6, at
7 (High Ct., Black J.):
" . . .. I should have thought it unheard of that teachers should
have to watch all the children at every instant when under
their care."
In accord areClark -v- Monmouthshire Co. Co.. 52 L.G.R. 246. at
247-248 (C. A., per Denning L.J., 1954), at 250 (per Morris L.J.) and
at 251 (per Evershed M.R.), Board of Education for City of Toronto &
Hunt -v- Hiffs. 22 D.L.R. (2d) 49. at 55 (Sup. Ct. Can ..per Ritchie J..
1959).
31. [1937] 3 All E.R. 902, at 905 (K.B.D.). In Watt -v- Hertforshire Co.
Co.. [1970] 1 All E.R. 535, at 538 (C.A.) Lord Denning M.R. stated:
"Before the school began the staff were indoors preparing for
the day's work. They can't be expected to be in the
playground, too."
This seems a poor argument. The problem of staff being in two
places at once can be resolved for the simple device of a roster
system, or the employment of extra personnel.
32. [1944] I.R. 154 (High Ct., O'Byrne J.).
33. [1946] Ir. Jur. Rep. 34 (High Ct., O'Byrne J.).
34. Id., at 35.
35. Id., at 36.
36. Id.
37. [1951] Ir. Jur. Rep. 22 (High Ct.. O'Byrne J.).
38. Id., at 23.
39. Id.
40. [1937] 3 All E.R. 902 (K.B.D.).
41. Id., at 903.
42. Or the supplies of the coke: cf. id., at 905-906.
43. [1937] 3 All E.R., at 905. See text above fn. 31. supra.
44. [1937] 3 All E.R., at 905.
45. Id.
46. 28 T.L.R. 359(C.A., 1912)affirming 28T.L.R. 66(K.B. Div;BrayJ„
with jury 1911). See also Pook -v- Ernesttown Public School Trustees.
[1944] 4 D.L.R. 268 (Ont. High Ct., Mackay J.) (school grounds
littered with "loose stones, brick-bats and other rubble"; liability
imposed where child was injured by falling on them).
47. Id., at 359.
48. Id., at 360.
49. Id. Cf. Prince -v- Gregory. [1959] 1 All E.R. 133, at 136 (C. A., per
Ormerod L.J., 1958).
50. [1953] 2 All E.R. 376 (C.A.).
51. Cf. id., at 380 (per Slade J., at trial).
52. Id., at 381.
53. Id., at 381-382.
54. E.g. Clark -v- Monmouthshire Co. Co.. 52 L.G.R. 246 (C.A., 1954)
(unintended knife injury during scuffle), Langham -v-
Wellingborough School. 101 L.J.K.B. 513 (C.A., 1932) (golf shot in
playground), Gow -v- Glasgow Education Authority. 1922 S.C. 260
(boy unexpectedly jumped on back of another boy at school for
blind children), Chilvers -v-L.C.C.. 32 T.L.R. 363 (KB. Div.,
Bailhache J., with jury, 1916) (child injured eye when fell on movable
lance of a toy soldier). See also Long -v- Gardner. 144 D.L.R. (3d) 73
(Ont. High Ct., Smith J.. 1983) (summer camp not liable for knife
injury sustained by boy at camp during an argument with another
boy; event held not foreseeable), Durham -v- Public School Bx. of
Township School area of North Oxford. 23 D.L.R. (2d) 711 (Ont.
C.A., 1960) (wire spring flew into boy's eye in playground; school
not liable). •
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