The Gazette 1961

Week-end Meeting 1965

was decided that the weekend meeting of the

Society to be held in 1965 should be at Athlone and

the Secretary was instructed to get in touch with

the Midland Bar Association

to request

their

co-operation.

Registration of Titles Bill 1963

The Council referred the Bill to the Parliamentary

Committee for consideration and also to the Dublin

Bar Association and to the Southern Law Association

for the opinions of their respective Councils.

Liability for costs of a sale by way of long

lease

A Committee of the Council reported on the

following matter submitted to them for arbitration.

A building contractor by agreement dated I9th

September, 1962 agreed to sell to the purchaser

therein mentioned by way of lease certain premises

for 999 years at a fine of £3,000 and a yearly rent of

£15. In the agreement no mention was made of the

liability of the purchaser for costs except for a

provision that "the vendor shall execute a lease of

the premises such lease to be prepared by and at the

expense of the purchaser". On receiving one part of

the agreement referred to duly executed by the

purchaser the vendor's solicitors stated in corres

pondence that in view of the fact the the purchaser

would be paying to them the costs of the lease they

had prepared the draft and were sending it on for

approval. The purchaser's solicitor denied any

liability for costs and stated that he could not approve

of the draft lease as submitted unless his requisitions

on title were answered. He returned the draft lease

approved of on the understanding that his out

standing requisitions on title would be complied

with. He contended that in view of the fact that the

transaction was in reality a sale carried out by way

of lease the normal common law rule relating to

the liability of a lessee for the lessor's costs did not

apply and that it was the same as an ordinary sale.

He further contended that the vendor's solicitors

were not entitled to seek the costs of preparing the

draft lease as they took it upon themselves without

his consent or agreement to prepare such draft

lease.

The following questions were submitted for

arbitration:

i. Whether in view of the fact that the purchaser

had not consented to the preparation by the

vendor of the lease the purchaser should be

responsible for the vendor's costs of preparing

same.

2. Whether the purchaser is responsible for the

vendor's costs for furnishing title.

3. If reply to (2) is yes, the amount of the costs

for which the purchaser would be so respon

sible.

The Council on a report from the Committee rule

that:

1. The transaction was a sale governed by the

decision in Sims Clarke

Ilet Limited (opinion

(a)

) and accordingly neither party was

liable for the costs of the other.

2. The purchaser was entitled to get, free of

charge, whatever title was to be given under

the contract and accordingly (3) did not arise.

Solicitors' name on advertising hoarding

A member enquired if it would be in order for

him to give permission to builders who were clients

of his to exhibit advertising boards and hoardings

advertising houses for sale under their name with

brief particulars of the houses followed by the

words "For full particulars apply to XY & Co.

solicitors" (including the professional address of

the firm) or, alternatively, giving the name of the

firm without the description solicitor, and

the

address.

The Council on a report from the Committee

stated that the exhibition of the name of the firm

of solicitors on an advertising hoarding in any

connection would be objectionable.

WORLD PEACE THROUGH THE RULE

OF LAW

World Conference at Athens—June 30th to

July 6th, 1963

Utopia Limited ?

World Peace through the Rule of Law is the

brainchild of the American Bar Association. In

1958, a committee of that Association under the

chairmanship of Thomas E. Dewey was set up to

examine the whole field of international law and

legal institutions and to see what could be done

by lawyers to meet the needs in both fields. The

only civilised way to deal with the dangers and

disputes which arise between the nations of the

world—and indeed between individuals—is by the

due process of law, and not by force. There is, the

Americans say, adequate legal machinery at hand for

this purpose; the fault lies in the failure of the

nations to use it. And because of this, it is the duty

of the lawyers of the world to use their not incon-