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The Gazette of the Incorporated Law Society of Ireland.
[AtGUST, 1916
Recent Decisions affecting Solicitors.
(Notes of decisions, whether in reported or
tmreported cases, oj interest to Solicitors, are
invited from Members.)
COURT OF APPEAL.
(Before Sir Ignatius J. O'Brien, Bart., C.;
Ronan and Molony,
L.JJ.)
Porter
v.
Kirtlan.
June 26th, 191G.—
English Solicitor instruct
ing Irish Solicitor—-Agency
—
Liability of
English Solicitor.
This was an action brought by Mr. Robert
J. Porter, Solicitor, of 1 Wellington Place,
Belfast, against the defendant, who is an
English Solicitor practising at Eastbourne,
Sussex, to recover the amount due on foot
of a bill of costs for work and labour done
and money expended by the plaintiff at the
request of the defendant.
In the month of October, 1910, the
defendant instructed the plaintiff to bring
an action in the Irish King's Bench Division
at the suit of Kyl FyreLtd., who were clients
of the defendant's, against one Thomas Scott
of Dublin. The said action was brought to
trial, and resulted in a verdict for Kyl Fyre
Ltd. on some of the counts, and for Thomas
Scott on other counts, and the costs thereof
were apportioned, one-fourth to Kyl Fyre
Ltd., and three-fourths to Thomas Scott.
On September 16th, 1914, the plaintiff
furnished the defendant with a bill of costs
in the action of Kyl Fyre Ltd. v. Scott
shewing a balance due to the plaintiff of
£102 15s. 8d., after- giving the defendant
credit for a sum of £20 paid during the pro
gress of said action. The plaintiff's claim
. in the present action was accordingly for
£102 15s. 8d., balance of an account due by
defendant for professional services rendered
and moneys expended by the plaintiff as a
Solicitor in and about the business of the
defendant and at his request.
The action was tried before Mr. Justice
Dodd, without a jury, on 14th May, 1915,
and judgment was given for the plaintiff,
the Judge holding upon the evidence that
there is a recognised custom between English
and Irish Solicitors whereby the English
Solicitor who instructs an Irish Solicitor to
act on behalf of a client of the English
Solicitor is personally liable to the Irish
Solicitor for the costs of such proceedings,
and that there is also a recognised custom
whereby the Irish Solicitor allows to the
English Solicitor one-third of the profit costs
of such proceedings. His Lordship referred
the costs to taxation, and gave judgment in
favour of the plaintiff for such sum as may
be found due on taxation, less by one-third
of the profit costs, and credit to be given for
a sum of £20 paid on account. (See GAZETTE
of June, 1915, p. 17.)
The defendant appealed to the Divisional
Court (Cherry, L.C.J., and Madden and
Boyd, JJ.), and that Court reversed the
judgment of Dodd, J., holding that the
evidence did not establish custom, and that
personal liability attached not to the
defendant, but to his client, and gave
judgment for the defendant.
The plaintiff appealed, and the majority
of the Court (Molony, L.J., dissenting)
reversed the judgment of the Divisional
Court, and restored the judgment of Mr.
Justice Dodd with costs, in favour of the
plaintiff, the ground of their decision being,
apart from any question as to custom, that
it was clear from the correspondence in the
case it was to the English Solicitor, and not
to the client, that the plaintiff gave credit.
COURT OF APPEAL.
(Before Sir Ignatius O'Brien, Bart., L.C. ;
Ronan and Molony,
L.JJ.)
Tonge and Taggart, Ltd.
v.
Mulvey.
April 4, 1916.—
Costs
—
Half costs—Action for
an account
—"
Action of contract," Order
XV.—Order LXV., r.
3.
This was an appeal from order of
Barton, J., making no rule on plaintiff's
motion to review taxation.
The writ of summons in this action, issued
29th September, 1914, was endorsed with the
following claims :—(1) For an account of all
sums of money received by the defendant in
the collection of certain debts and accounts
which were given to the defendant by the
plaintiffs for collection, which debts and
accounts the defendant agreed to collect and
hand over to the plaintiffs ;
(2) payment to
the plaintiffs of the amount found due;