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Abortive auction — costs
Property was offered for sale by public
auction in March 1969 and withdrawn from
sale. Negotiations with one or more pur
chasers
followed but
a
sale was not
effected. In July 1969 the premises were
again offered
for public
auction by a
different auctioneer but again withdrawn.
Negotiations followed but were unsuccess
ful. In December 1969 a sale by private
treaty was arranged through an agent who
had not been concerned with either of the
previous
auctions. Members
asked
for
guidance as to the appropriate costs. The
Council on a report from a committee
stated that the solicitors for the Vendor were
entitled to charge the full comission scale
fee on the actual price received on the suc
cessful sale by private treaty and to charge
Schedule 2 for the second abortive auction
but that no charge should be made for the
first abortive auction.
June 18th
The President in the chair—also present,
Messrs.
P.
C.
Moore,
John Maher,
Christopher Hogan, Patrick F. O'Donnell,
John C. O'Carroll, James W. O'Donovan,
Gerald Hickey, Desmond Moran, Peter E.
O'Connell, Senator
J.
J. Nash, T. E.
O'Donnell, Joseph L. Dundon, Thomas J.
Fitzpatrick, T.D., George A. Nolan, Robert
McD. Taylor, Gerald J. Moloney, Patrick
Noonan, Francis Lanigan, Brendan A.
McGrath, T. V. O'Connor, Augustus Cullen,
W. B. Alien, William A. Osborne, Eunan
McCarron, Mrs. Moya Quinlan, Brace St. J.
Blake, Walter Beatty, Peter D. M. Prentice,
Gerard M. Doyle, Ralph J. Walker, John
Carrigan, Norman Spendlove.
The following was among the business
transacted.
Legal
Aid
Notice of the following motion was given
for discussion at the next meeting of the
Council.
That the Council of the Society in view
of the present impasse in the operation
of
legal
aid
recommends
(i)
that
members remove their names from the
panel until satisfactory arrangements
have been made with the Minister for
Justice for its future operation and (ii)
members who have already accepted
cases to date should proceed with same
to finality.
The motion will be discussed at the meet
ing of the Council on July 16th.
Bank Strike
It was decided that a statement should be
sent to the daily newspapers expressing the
concern of the Council at the damage to the
national economy and in particular to the
urgent business of clients following from
the denial of banking facilities to the public
urging that talks should be resumed. The
Secretary also read correspondence received
from members expressing concern at the
possibility
that some
clients who have
obtained bridging loans and who have also
obtained loans from lending institutions will
be unable to use the credit received from
building societies to cancel the bridging
loans. It was stated that clients are in
danger of having to pay double interest. The
Council who
regarded
this as a
legal
problem affecting
individual practitioners
and more particularly their clients sug
gested that in such cases the cheque for the
amount of the Building Society advance
should be
transmitted forthwith to the
bank which
issued
the bridging
loan.
Alternatively the Building Society might be
requested to delay the issue of the cheque
until banking facilities are resumed but to
keep permission for the loan alive. Which
ever course
is adopted
the matter
is
obviously one for discussion between the
clients and their solicitors and the bank or
other lending institutions when normal con
ditions are resumed.
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