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The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1915
Roll of Honour.
LIEUTENANT
BRENDAN
J.
FOTTRELL,
Solicitor, of the 3rd Battalion, Royal Irish
Regiment,'was killed in action while serving
with the British Expeditionary Force in
France, on the 15th March, 1915.
Lieutenant Fottrell served his apprentice
ship with Mr. Francis J. Fottrell, 46 Fleet
Street, Dublin, was admitted in Michaelmas
Sittings, 1908, and practised in partnership
with his father, Mr. John G. Fottrell, and
Mr. Francis J. Fottrell (under the style of
Messrs. George D. Fottrell and Sons), at 46
Fleet Street, Dublin, and at Kells, County
Meath.
New Member.
THE
following
joined the Society during
March, 1915 :—
O'Connell, John D., Tralee.
Calendar of the Incorporated Law Society,
1915.
THE Calendar and Law Directory, published
by the Society for 1915, can be obtained in
the Secretary's Office, price three shillings,
or by post three shillings and fourpence.
Recent Decisions affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors,
are invited from Members.)
CHANCERY DIVISION.
In re Solicitors Remuneration Act,
1881—
Wilson and Best and Best.
(Before Barton, J.)
3rd March, 1915.—
Solicitors Remuneration
Act—Solicitor acting for both vendor and
purchaser.
A Solicitor who acts for both vendor and
purchaser, having done all the work necessary
to be done for a purchaser in order to entitle
him to the scale fee, is entitled to be paid by
the purchaser the full scale fee.
This matter came before the Court on
appeal from a decision of the Taxing Master.
Messrs. Best and Best, acting as Solicitors
for the vendor on the sale of certain lands in
Co. Armagh, sold them to Mr. James Wilson,
of Hockley Lodge, Co. Armagh. They also,
at the request of Mr. Wilson, the purchaser,
acted for him, and claimed the full scale fee
payable to a purchaser's Solicitor under the
Solicitors Remuneration Act,
1881.
Mr.
Wilson paid the amount, but later raised the
point that Messrs. Best and Best were only
entitled to charge him half fees, and to look
to the vendor for the other half. Messrs.
Best and Best returned his cheque, and sent
him their bill of costs. The Taxing Master
allowed the full scale fee' claimed by Messrs.
Best and Best, finding that the work necessary
to be done by a purchaser's solicitor to entitle
him to charge the scale fee prescribed by
Schedule I., Part I. of the General Order made
pursuant to the Solicitors Remuneration Act,
1881, had been.done by them. Mr. Wilson
appealed, and Mr. Justice Barton affirmed
the decision of the Taxing Master, with costs.
CHANCERY DIVISION.
Nowlan
v.
Delaney.
(Before Barton, J.)
llth March, 1915—
County Court Equity Suit.
Mortgagee's costs
—
Measuring of costs by
Judge.
The County Court Judge having ordered
payment of the costs of the plaintiff in an
equity suit brought to raise the amount of a
judgment mortgage, those costs should be
referred for taxation, and not fixed against
the desire of the plaintiff, at a sum measured
by the Judge.
This was an appeal in a County Court
equity suit brought to raise the amount of a
judgment mortgage. The suit was concluded
by an order of the Recorder of Dublin on
5th January last, directing the payment of
the proceeds of a sale to the various parties
entitled. The order measured the plaintiff's
costs at a sum of £42, which was fixed by the
Recorder, and from that part of the order
the plaintiff appealed on the ground that he
was entitled to have his costs referred to the
Clerk of the Crown and Peace for taxation.
Mr. Justice Barton held that the plaintiff
was entitled to have his costs taxed, and
referred them for taxation to the Clerk of
the Crown and Peace, and allowed
the
plaintiff his costs of the appeal.