treaty of property to which Section 23
of the Registration of Title Act 1964
applies should include therein provisions
compelling the purchaser to accept a title
less
than
sufficient
to
support
an
application by the purchaser for first
registration with
an
absolute
title
unless it is made clear on the face of
the document that the vendor is unable
to do so.
A note on this topic is printed in the
current issue of the Gazette.
Guinness & Mahon prize
The Secretary submitted correspondence
between Guinness & Mahon and the Society
in which the company offered to make an
annual award of about £50 per annum for
proficiency
at
the Society's
third
law
examination in the subject of tax law and
commercial law. The Council instructed the
Secretary to write to Messrs. Guinness
&
Mahon expressing their appreciation for this
generous offer and accepting it. The Council
referred
the matter
to
the Court of
Examiners with instructions to draw up the
terms and conditions of the award. It was
suggested that the first award be made in
October 1970 on the results of the Autumn
examinations.
Builders' advertisements
On a report of a committee the Council
stated that they disapprove of an advertis-
ment issued by a building development firm
offering dwelling houses for sale for the sum
of £7,500 net followed by the statement "all
fees are included in this price".
Counsel appearing in Court without
solicitor
A
local bar association drew
to
the
attention of the Society a case in which
Counsel appeared in a local court apparently
unaccompanied
by
a
solicitor
or
any
representative from the solicitor's office. The
Council instructed the Secretary to take the
matter up with the General Council of the
Bar stating that they disapprove of this
practice.
Administratrix. Change of Solicitor
The Council on a report from a Committee
stated that where an administratrix in an
intestacy matter refused to sell certain prop
erty belonging to the estate and to distribute
the assets in accordance with law to the
next-of-kin
and
subsequently discharged
member's retainer, member was entitled to
inform the insurance company which issued
the administration bond that his retainer
had been discharged.
Deprivation of legal services
An English firm of solicitors acting on
behalf of Irish clients resident in London
wrote to the Society stating that their clients
were unable
to obtain
the services of
solicitors for the purpose of proceedings
against an Irish solicitor in a case in which
they wish to obtain possession of certain
premises. On the facts appearing in the
correspondence it appeared that there was
a prima facie cause of action but that no
local
solicitor would
act. The Council
directed that the papers should be sent to
the Hon. Secretary of an adjoining Bar
Association with a view to obtaining the
services of a solicitor who would accept
instructions. The Council took the view that
it was contrary to the best interests of the
profession as well as the public in the case
where a client has a genuine cause of action
against a solicitor he should be deprived of
legal services, if he is willing to instruct a
solicitor on the usual conditions.
Restrictive provisions in building
Contracts
On
a
report
from
a
committee
the
Council stated they viewed with concern the
increase in the number of cases in which a
solicitor acting for a builder furnishes a
building agreement engrossed and ready for
signature and refuses to consider or permit
any alterations. The Council strongly dis
approve of this practice as being contrary
to the best interests of the public and pro
fession.
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