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GAZETTE
APRIL 1980
Correspondence
Office of the Minister for Finance,
Dublin 2.
Mr. James J. Ivers,
Director General,
The Incorporated Law Society of Ireland,
Blackhall Place,
Dublin 7.
20 February, 1980
Re: Valuation Office
Dear Mr. Ivers,
Thank you for your letter of 4 February, 1980,
concerning delays arising in the Valuation Office. I have
also seen your letter of 22 November, 1979, to my
predecessor. At the outset I would like to say that I share
your concern about those delays.
The number of adjudications awaiting completion has
been reduced from 2,941 cases to 1,094 at end-January
and the Civil Service Commission are in the process of
clearing candidates from a recent Valuer competition, so
that offers of appointment will issue to some candidates in
the very near future. Moreover, I have written to the
Minister for the Public Service, Mr. Gene Fitzgerald,
T.D., and asked him to arrange for an examination of the
staffing levels, organisation and work procedures in the
Valuation Office as a matter of urgent priority.
Unfortunately, there are problems with using valuers in
private practice to help clear the backlog. In essence,
there could all too readily be a conflict of interest since
valuations of property for taxation pruposes often involve
disputation between the Valuation Office and private
valuers. Also, as you are aware, the Valuation Office acts
as an agent of the Revenue in verifying property valua-
tions made by valuers in private practice.
I will write to you again when I have further news.
Yours sincerely,
Michael O'Kennedy,
Minister for Finance
5 & 6 Foster Place,
College Green,
Dublin 2.
5 February, 1980.
Re: Undertakings
The Editor,
The Gazette.
Dear Sir,
It is surprising how few of one's colleagues appear to
he using the Form of Personal Undertaking devised by
the Law Society, and available in booklet form at a
modest charge. The recommendations printed on the fly-
leaf of the booklet are invaluable in that they act as
constant reminders of the responsibilities involved in
8'ving an Undertaking. Furthermore the form, being in
quadruplicate, should ensure that the Undertaking is
recorded in such a manner that fulfilment of it is not over-
looked, namely on the file, with the documents, and most
importantly in a Central Register, which can be quickly
checked by a Partner or Principal from time to time.
Undertakings, as we know, involve a dual liability:
(a) Professional, the breach of which may lead to Law
Society sanction,
(b) Negligence, which may lead to a claim for damages.
In the latter connection it should be noted that
Professional Indemnity Policies may only be relied on if
the Undertaking has been signed by a Principal or
Partner.
I am always relieved when offered an Undertaking on
the Law Society's form, since this inspires confidence in
the Solicitor's system of recording, and therefore fulfilling
it, but, as mentioned, this is all too seldom. I would urge
that this form be generally adopted, since I feel that doing
so would minimise the claims and complaints arising from
breaches of Personal Undertakings.
Yours faithfully,
W. J. McGuire.
77 Lower Leeson St.,
Dublin 2.
19 February 1980
The Editor,
Law Society Gazette,
Blackhall Place,
Dublin 7.
Re: Conveyancing Notes
Dear Sir,
I have read with interest the Conveyancing Note in the
Gazette for December, 1979.
I note that the Conveyancing Committee advise
strongly against a Solicitor giving an Undertaking to a
Bank to obtain Bridging Accommodation unless and until
he is certain that all conditions of the loan can be
complied with.
I would suggest, contrary to this, that it would be a
matter for the Bank to satisfy itself as to this before
making the bridging finance available to the Solicitor
concerned. Most Undertaking given, and all of mine, to a
Bank include a copy of the Loan Approval itself showing
all the conditions to be complied with and contain words
to the effect that the amount of loan will be lodged to the
credit of the Client's account "when same comes to
hand".
It seems to me that if the Bank are watching their own
interests they would be advised to satisfy themselves as to
the position with regard to the conditions in the Loan
Approval. I would further suggest that if the Bank issues
Bridging Accommodation in the circumstances outlined
in the notes then it is the Bank which is negligent and not
the Solicitor, and the Bank must, therefore, suffer the
consequences.
It is seldom, if ever, that a Bank will make overdraft
facilities or bridging accommodation available on foot of
a Contract for the sale of property when such Contract is
subject to conditions, e.g. loan clause.
I agree, of course, that a Solicitor should advise
his
client
as to the inadvisability of completing a purchase on
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