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Law Clerks Joint Labour Committee
Senator Thomas J. Fitzpatrick was appointed to
fill the vacancy among the Society's representatives
on the committee in place of Mr. Dermot P. Shaw
who has resigned.
Trade Marks Bill, 1962
The Council considered the provisions of the
Trade Marks Bill of 1962 and the Secretary's report
thereon and decided that no action should be taken.
Solicitor holding liquor licence
A member wrote to the Society enquiring whether
he could hold a seven day publican's licence as
nominee for a company, a client of his firm, and of
which he was secretary. While under indentures he
had, with the permission of the Society, held the
licence. The property in question was due to be
redeveloped and pending redevelopment there was
very little trading. Member wished to know if, on
his admission, he could continue to hold the licence
temporarily.
The Council, on a report from a
committee, decided that on the basis that normal
trading was not resumed, member's application
should be granted for a period of six months.
If
member wished to hold the licence for a longer
period he should re-apply after the expiration of the
six months.
Lease of premises with
fine.
Lessee's
liabilities for costs.
A grant of premises by way of lease in consider
ation of a fine of £600 and reserving a rent of
£6
per
annum contained a stipulation that the grantee
would pay the full costs of the granting of the lease
including the outlay of the grantor in its entirety.
On completion the grantor's solicitors furnished a
bill to the grantee charging £19 193. od. commission
fee on the £600 fine,
fy
scale commission fee on the
rent and the following additional items to which the
grantee's solicitor took objection ;
fees for copying
and certifying documents of title
£4 izs.
8d. (items
3—8), search in the Registry of Deeds
£i zs.
od.
(item 9), P.D. stamp
£4
135. 9d. (item 10), section 6
certificate £3 js. od. (item n). It was contended by
the solicitor for the grantee that these items should
be included in the commission fee on the fine. The
grantor's solicitor on the other hand maintained that
items 3—8 are outlay
(a)
not included in the com
mission scale fee chargeable against the vendor and
(&) were transferred to the grantee by the contract.
The same applied, in his contention, to items 10 and
11 and the matter was referred to the Council by the
solicitors concerned. The Council on a report from
a committee decided that the grantor's solicitors
were not entitled to the fees in items 3 to 8 amounting
to
£4 izs.
8d. but that they were entitled to the fee
of
£i zs.
od. for the Registry of Deeds search (item 9)
if it represented outlay paid to a searcher and that
they were entitled to the fee at item 10 amounting
to
£4
133. 9d. for the P.D. stamp and also to the fee
of
£5
53. od. (item u) for the section 6 certificate.
Costs : Reduction for purchaser mortgagee
Members acted for the subsidiary of an English
company which was erecting a factory in Ireland.
The company were advancing the sum of £2,250
towards the purchase price of a house by their
manager B, and B was represented by other solicitors
in the purchase. Members drafted the form of
mortgage and sent it to B's local solicitors for
approval. B was liable to his own solicitors for the
full commission scale fee on the purchase.
The
mortgage was executed and registered and members
costs amounted to about £58-6-8 plus outlay.
They felt that the accumulation of the commission
fee on the purchase and the mortgagor's and the
mortgagee's charges would be a heavy imposition
on B and they enquired from the Society if they
could charge a lesser fee for the mortgage. If the
purchaser had obtained a loan from a building
Society instead of from his own company he would
pay the reduced charges usually payable in respect of
building society transactions.
The Council on a
report from a committee decided that the members
should be authorised to charge a reduced fee com
parable to the fees charged by building societies.
DUBLIN SOLICITORS' BAR
ASSOCIATION
At the annual general meeting of the Dublin
Solicitors' Bar Association held in the Solicitors'
Buildings, Four Courts, on the 8th October 1962
the following officers and council were elected for
the year 1962-63 :
President,
Mr. John A. Cullen;
Vice-President,
Mr. Synge Millington ;
Hon. Secretary,
Mr. Ernest J. Margetson;
Hon. Treasurer,
Mr.
Edmond O. Sheil.
Council:
V. Wolfe, J. M.
Farrell, E. Byrne, K. Burke, R. Knight, G. Williams,
E. Barrett, G. M. Doyle and M. Kenny.
DINNER DANCE
Tickets for the Society's Annual Dinner Dance,
which is to be held in the Shelbourne Hotel, Dublin
on November 22nd, are now available from the
hotel at
z'js.
each.
Table reservations should be
made through the hotel.
The management advise that they are offering
accommodation at 35/- per person, bed and break
fast, plus io/- per person for private bathroom,
if required, to any guests attending the dance.