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Vol. 45
No. 9
March,
1952
THE GAZETTE
of the
INCORPORATED LAW SOC IETY OF IRELAND
President
A
rthur
C
ox
Vice-Presidents
D
esmond
R.
C
ounahan
li
..
d
.
G
erald
J . O ’D
onnell
Secretary
E
ric
A . P
lunkett
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL
z
ist
F
ebruary
,
1952. The President in the Chair.
Also present: Messrs. Desmond R. Counahan and
Gerald J. O’Donnell, Vice-Presidents, Henry St.
J . Blake, Francis J . Gearty, James R. Quirke,
Derrick M. Martin, John R. Halpin, James J.
O’Connor, John B. McCann, Ralph J. Walker,
John Carrigan, Cornelius J . Daly, Patrick R. Boyd,
Joseph Barrett, William J. Norman, Reginald J.
Nolan, George G. Overend, Christopher E. Callan,
Maurice M. Power, Niall S. Gaffney, Sean
0
hUadhaigh, John J. Sheil, Francis J. Lanigan,
Thomas A. O’Reilly, Dermot P. Shaw, John J.
Nash.
The Council, standing in silence, passed a vote
o f sympathy with the relatives o f the late Mr.
William S. Huggard who was a member o f the
Council from 1939 to the date o f his death and
Vice-President for the year 1944-1943.
The following was among the business trans
acted :—
New member o f the Council
T
he
President welcomed Mr. John B. McCann who
came on the Council in place o f the late Mr. Daniel
O’Connell.
Costs where property is sold with goodwill
T
he
Council were asked to express an opinion on
the costs chargeable where a solicitor acts for a
vendor in the sale o f premises, the purchase money
being apportioned between the premises and good
will. The question raised was whether the solicitor
for the vendor is entitled to charge the scale fee
on the entire purchase money being amount placed
on the premises plus the amount set out for the
goodwill. In the opinion o f the Council good
will may be either
(a)
adherent goodwill, such as
the goodwill o f a licensed premises, which
attaches to the property, or (
b
) personal
goodwill, such as the goodwill o f a solicitor’s
practice which follows the owner. In Whiteman
Smith Motor Company v. Chaplin (1934, 2 K.B.)
Lord Justice Maugham described
(a)
as “ cat good
75