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GAZETTE
APRIL. 1984
Practice Notes
Drafting and Preparation of Legal
Documents by Unqualified Persons
The Company Law Committee of the Society has been
monitoring the drafting and preparation of legal
documents by unqualified persons such as accountants.
The matter is governed by Section 58 of the Solicitors' Act
1954 which provides that it is an offence for an unquali-
fied person to draw or prepare a document relating to real
or personal estate or any legal proceedings unless the
document is one specifically excepted by Sub-Section 4 of
Section 58. The Society may consider taking legal action
against persons who are in breach of the Section in the
event of sufficient evidence being furnished to it.
Solicitors are therefore requested to assist the Society by
furnishing evidence to the Company Law Committee of
any contravention of Section 58 which comes to their
notice.
It should be noted that if a Solicitor places reliance on a
document prepared by a non-legally qualified person such
Solicitor may lay himself open to a claim in negligence.
•
Dublin Metropolitan District
Civil Proceedings
A civil process for hearing in the centre City courts of
the Dublin Metropolitan District should be made
returnable for a Monday at 10.30 a.m. in Court No. 7,
Dolphin House, East Essex Street, Dublin 2, instead of
Court No. 9 as heretofore. On the return day dates will be
fixed for the trial of defended civil processes. Undefended
civil processes, if ready, will be heard and disposed of on
the return day. •
County Dublin District Courts
It may be of interest to practitioners to learn that as and
from 1st May, 1984, the following changes will take place
in County Dublin District Courts:
Howth:
The first, second, third and fourth
Mondays of every month at 10.30 a.m.
Civil business on the fourth Monday of
every second month, starting Monday,
28th May.
Swords:
Every Tuesday at 10.30 p.m. Civil business
on the third Tuesday.
Lucan:
The first, second and fourth Thursday at
10.30 a.m. Civil business on the second
Thursday.
Balbriggan: The first, second, third and fourth Fridays
of every month at 10.30 a.m. Civil business
on the third Friday.
Dundrum:
The first, second and fourth Fridays of
every month at 10.30 a.m.
•
Section 45 Land Act, 1965
By Statutory Instrument number 144/1983 the Minister
for Agriculture has added an additional category of
"qualified person" to Section 45 of the Land Act, 1965.
The additional category is a person who is a citizen of a
member State of the European Communities and who
(a) is exercising in the State the right of establishment
as a self employed person under Article 52 of the
E.E.C. Treaty by way of an economic activity the
nature of which is specified in the relevant
certificate given by that person under subsection 3
of the said Section 45 and
(b) is acquiring an interest in land to which the said
Section 45 applied for the purpose of or in
connection with such exercise of that right.
The Statutory Instrument is in fact considerably more
limited than one might believe, as the person must be
exercising the right of establishment as a
self employed
person and must be acquiring the interest for the purpose
of or in connection with the exercise of that right of
establishment.
It would not appear to include foreign Nationals who
buy holiday or retirement homes in Ireland or even
Company Executives purchasing homes in the country.
It would not appear to apply to Companies and
accordingly it would appear that it may only apply to, for
example, a Stud Farm acquisition by an individual non
National.
•
Withdrawal of Actions Which
Have Been Set Down
The attention of practitioners is drawn to Order 26, rule
2 of the Rules of the Superior Courts which reads:
"When a cause had been entered for trial, it may be
withdrawn by either Plaintiff or Defendant, upon
producing to the proper officer a consent in writing
signed by the parties."
Where a party wishes to withdraw an Action under this
rule, the solicitor for such party should write to the Chief
Registrar of the High Court quoting both Record
Number and List Number, requesting that the Action be
withdrawn and enclosing a letter of consent to such
withdrawal from the solicitor for the other party.
This rule does not apply to Actions involving persons in
wardship, infant Plaintiffs or fatal injuries or actions in
which money has been lodged. In such cases an Order of
the Court will be required, except where money lodged is
being accepted in satisfaction of a claim.
Where, accordingly, Actions which have been set down
have been settled on terms which require only an order
striking out no application to the Court is necessary.
EAMONN G. MONGEY
Chief Registrar
•
(continued on p. 75)
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