19 / 90
JUNE, 1915]
The Gazette of the Incorporated Law Society ol Ireland.
17
Recent Decision affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors,
are invited from Members.)
KING'S BENCH DIVISION.
(Before Docld, J., without a Jury.)
Porter
v.
Kirtlan.
May 14, 1915.—
English Solicitor instructing
Irish Solicitor—Agency—Custom.
THIS was an action brought by Mr. Robert
J. Porter, Solicitor, of 1 Wellington Place.
Belfast, against the defendant, who is an
English Solicitor, to recover the amount clue
on foot of a bill of costs for work and labour
done and money expended by the Plaintiff
at the request of the defendant.
The defendant instructed the plaintiff to
take proceedings in the Irish Courts at the
suit of a client of the defendant resident in
England.
The plaintiff carried out the defendant's
instructions, and
incurred costs both as
between party and party and Solicitor and
client which were not recoverable from the
persons in Ireland against whom the pro
ceedings had been brought.
The plaintiff
furnished particulars of these costs to the
defendant, and claimed payment of
the
amount from him.
There had been no
agreement between plaintiff and defendant
as to costs.
Upon behalf of the plaintiff evidence was
given by Sir John Lj'nch, Mr. W. S. Hayes
and Mr. R. Blair White, Solicitors, of a
recognised custom as between English and
Irish Solicitors,
that when
an English
Solicitor instructs an Irish Solicitor to take
proceedings on behalf of a client of the
English Solicitor, in the absence of an agree
ment to the contrary, the English Solicitor
is liable to the Irish Solicitor for the costs
incurred by the Irish Solicitor as a result of
his instructions, and of a recognised custom
that the Irish Solicitor allows to the English
Solicitor one-third of the amount of the
profit costs.
Evidence was given on behalf of
the
defendant by Mr. Everard Hamilton, Solicitor,
that he was not aware of any recognised
custom
as
between English
and
Irish
Solicitors under which an Irish Solicitor is
entitled to regard the English Solicitor who
instructs him as his client.
The cases referred to were
Hyndman v.
Ward
(T. L. R., Vol. xv., 182, and S. J.,
Vol. 43, 246), and
Scrace
v.
Whittington
(2 B. and C., 14).
Mr. Justice Docld gave judgment for the
Plaintiff, 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.
New Solicitor.
THE following was admitted during May,
1915 :—
Name
Served Apprenticeship to
Thorntou, Alfred
Michael Verdon,
Victor Gibson
Castlebar
Intermediate Examination.
THE July Intermediate Examination will be
held on Thursday, 1st July. Notices from
Apprentices intending to present themselves
for the Examination should be lodged in the
Secretary's Office on or before Wednesday,
16th June.
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.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
Solicitors' Buildings, Four Courts, Dublin