The Gazette 1961

centenary of the Association by the founding of a

centenary annuity which I commend to all of you

in the certain belief that it will get your generous

support.

Circuit Court Costs

At the time of your last meeting in November,

1962,

the Circuit Court Rules Committee had

submitted to the Minister for Justice new scales of

costs in the Circuit Court, including—amongst

other matters—a scale to cover costs in hire-purchase

litigation. The Minister indicated that he did not

want to continue the principle of scales of costs in

certain

jurisdictions being linked to

the scales

applicable to the High Court.

With the permission of the Rules Committee

your Council prepared new scales to cover the

jurisdiction in question and same are now the

subject of negotiations between your Council and

the Minister. May I say that whilst we may differ

in certain respects our relationship between the

Minister for Justice on this, and other matters

which arose during thel ast twelve months, has been

extremely happy.

I have always been received by

him with courtesy and the views expressed by

deputations on behalf of your Society have been

sympathetically received. I trust that my successor

may bring the present negotiations to a successful

ending.

Costs

The Rules of the Superior Courts came into

operation on the ist January last and Appendix

thereto prescribed new scales of costs applicable to

all aspects of litigation in the High Court and

Supreme Court.

It is gratifying to note that the

principle of fixing discretionary fees for a large

number of items has been adopted, thus ensuring

that there should be proper remuneration for work

of an exceptionally difficult or complex character

and further that the number of items has been

reduced by two-thirds.

District Court

During the year the District Court Rules have been

modernised and scales of costs therein have been

revised and I am glad to tell you that your Council

has at present under consideration a proposal to

abolish the default and special default procedure in

the existing rules and substitute therefor provisions

enabling a decree to be obtained in the office for

liquidated demands without the necessity of an

appearance in Court. This, we feel, particularly in

the cities and larger towns, will materially assist

our profession to give service to our clients in the

fields covered by this procedure.

Law Reform

Your Council has at all times had a keen apprecia

tion of the programme of law reform initiated by our

present Minister for Justice and, in so far as it has

lain in their power, have done everything possible

to assist this very worthy object. I feel, however,

that one note of warning should be sounded namely

—that our law should not be reformed purely for

the sake of reform and that when any reform or new

legislation entails

the making of rules for the

carrying out of the new procedure and the fixing of

proper

remuneration

the members of our

profession acting thereunder, this legislation should

not come into effect until the rules of procedure and

fees to be charged are first made and approved.

Any law which has not got the support of the

majority of our people is a bad law and needs reform,

repeal or new legislation bringing matters up to date,

but laws should not be changed solely for the sake

of change ; and we view, with concern, the proposal

to take the Workmen's Compensation code from the

control of our Courts in whose hands it has been

for the last seventy years. This is one particular

code of law which has served the people well, and

has been of particular benefit to our workers who

have been unfortunate enought to suffer injury

whilst in their employment, and I say in all sincerity

that the handing over of the administration of this

code to the Civil Service is a retrograde step and one

which we feel will have most adverse effect on the

people it is intended to benefit.

Legal education of apprentices

Your Council, as always, is very conscious of their

responsibility in the legal education of solicitors'

apprentices who will be the lawyers of the future.

The course to be taken by each apprentice is, of

necessity, long and arduous and would appear to

become even longer for the future. At present a very

technical Bill on Company Law is being considered

by the Oireachtas and new legislation has been

introduced with reference to law on patents and

trade marks.

The Commission on Practice and

Procedure in Bankruptcy Matters is now sitting and

no doubt their conclusions will involve a new

Bankruptcy legislation.

Your Council appreciates that there are certain

branches of the law with which the average solicitor

is not concerned, and are considering the possibility

of introducing courses

in some of the more

specialised matters and may include one or more of

such matters as an optional subject to be taken by

an apprentice at the final examination. This may

well add to the burdens of the lecturers and examiners

at the Society's examinations and may I take this

opportunity of expressing the Society's appreciation