The Gazette 1976

GAZETTE

SOCIETY OF YOUNG SOLICITORS

Introduction

When the Incorporated Law Society suggested that the

Society of Young Solicitors be allocated part of each

issue of the Gazette we were faced with a fairly for-

midable challenge which we agreed, with a certain

trepidation, to take up and which we hope that we

have the enthusiasm and calibre to meet.

Before plunging headlong into print it is essential to

give some idea of what form of contribution we plan

to make.

In the first instance it is proposed to report com-

prehensively on the seminars and meetings organised by

the Society and to give details of forthcoming events

of apparent interest to the profession. It is hoped, from

time to time, to introduce a note of levity, a little light

relief to these papers, which bashful self-consciousness

at our first venture into journalism at present forbids.

More importantly, however, it is our intention to pro-

vide a compendium of basic information on selected

topics in the form of guidelines for which no satisfactory

means of reference is readily available, a sort of guide

to legal lifemanship which would instruct the uninitiated,

alert the unwary and, where necessary, provide a red

rag to the unhappy few who are possessed of reforming

zeal

Because a tendency to specialise in areas of law seems

so often to preclude solicitors from providing the kind of

service which their clients have come to expect from

them the guidelines will be in the form of a brief sum-

mary for easy reference only and will not necessarily

be exhaustive.

Initially it is intended to focus on Family Law and

in the forthcoming issues of the Gazette to adhere,

more or less, to the following programme which we

have devised :-

1. MARRIAGE.

2. BREAKDOWN OF MARR I RAGE 1 :-

(a) Nullity.

(b) Divorce a mensa et thoro.

3. BREAKDOWN OF MARRIAGE 2 : -

(a) Custody of children.

(b) Battered wives.

4. BREAKDOWN OF MARR IAGE 3 :-

(a) Maintenance.

(b) Social Welfare.

5. BREAKDOWN OF MARRIAGE 4 : -

Recognition of foreign divorce.

6. ADOPT ION.

7. LEGI T IMACY and AFF I L IAT ION ORDERS.

8. LEGAL EFFECTS OF MARRIAGE :-

(a) Property.

(b) Contract.

Colleagues are invited to recommend areas of law or

practice on which they would like contributions to be

made and many comments or suggestions favourable or

otherwise will be gratefully received.

150

SEPTEMBER 1976

SPRING SEMINAR

Even if attendance figures alone were the only criterion,

the 1976 Spring Seminar, held in the Great Southern

Hotel, Killarney on 3/4th April, was remarkably success-

ful. The recent spate of Government legislation had

quite clearly startled the legal profession and there was

therefore particular interest in a Seminar concerned

with Conveyancing.

First and foremost perhaps, the Seminar heralded the

introduction of the new Incorporated Law Society

Contract for Sale and

John Buckley

and

Maurice

Curran,

two of the chief architects of the new Contract,

were, quite properly, the heralds. The existing Contracts

in all their forms had, they argued, become outdated

and there was need for a more modern standard form

of Contract which would hold a more even balance

between Vendor and Purchaser and which could be

used for sales by public auction and private treaty

alike.

There were some major changes. The payment of

the deposit is to be an essential element of the Contract;

the closing date is to be five weeks after the date of

the Contract unless otherwise specified; interest is only

to be payable in the event of the default of the Pur-

chaser; the Purchaser is only to be on notice of the

covenants, conditions, rights and restrictions contained

in the Fee Farm Grant or Lease mentioned in the

Particulars of Special Conditions and no more; the

Vendor is to warrant that he has full planning per-

mission for any development within the last five years

unless the Special Conditions provide to the contrary;

the Vendor is to be obliged to disclose to the Purchaser

any easements or other rights of which he is aware.

Mr. Buckley and Mr. Curran considered all the

changes, commented at length on the reasons for them

and indicated somewhat bravely that they would weather

comment, favourably or otherwise, from the floor.

The floor, armed with copies of the conditions which

had been circulated in advance, availed of the oppor-

tunity and having formed themselves into small dis-

cussion groups proceeded to dissect the Contract clause

by clause. Some sought to prove that the entire Contract

was, on a technicality, void and some, perhaps a little

less destructively, made other useful comments and

suggestions which would be incorporated into the final

edition.

John

W. Wylie,

well-known for his recent public-

ation on "Irish Land Law", in his lecture on 'Recent

Case Law in Conveyancing Contracts' comprehensively

covered all the modern judicial decisions pertaining to

Contracts for Sale and provided the participants with

a very useful list of the cases which he analysed.

Many conveyancers were in a quandary as to the

requisitions on title which ought now to be raised in

view particularly of the several recent enactments on

Capital Taxation. It was therefore with particular

interest that they heard the views of

Anthony Osborne

and

Joseph Dundon

who not only considered requisitions

on title generally but indeed very kindly dictated forms

of requisitions which might be used. Mr. Osborne and

Mr. Dundon indicated that a new form of requisitions

on title was being drafted by the Incorporated Law

Society and would be finalised when one was better

able to assess the implications of the numerous recent

enactments.

One of the most notable features of the Seminar was

the re-introduction of discussion groups where the par-

ticipants were afforded the opportunity of discussing

amongst themselves the effects of the New Contract for