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GAZETTE
JANUARY/FEBRUARY 1991
Practice
Notes
RE: DOCUMENTS SCHEDULE
I N COND I T IONS OF SALE
The intention of the Law Society
Conveyancing Committee in pre-
paring the standard Conditions of
Sale for general use was that the
Vendor would disclose at contract
stage sufficient and adequate
particulars of the Vendor's title to
enable a Purchaser's solicitor to
consider properly the adequacy of
such title before completion of
contracts in accordance with long
standing conveyancing practice.
The Conveyancing Committee
anticipated that the documents
which would be listed by Vendors
solicitors in the Documen ts
Schedule to a draft contract would
disclose
inter alia,
the root of title
and also the length of title being
furnished.
The Conveyancing Committee
has become quite concerned at the
developing practice of solicitors
acting for vendors furnishing to
purchasers solicitors copies of all
documents relating to the vendor's
title coupled with a special res-
trictive condition worded in the
following or similar terms viz:
The title shall consist of the
documents listed in the Documents
Schedule and shall be accepted by
the purchaser as full and adequate
evidence of the vendor's title to the
subject property.
It is the view of the Committee
that such a practice is a highly
undesirable one as the Committee
considers it to be unfair to pur-
chasers and their solicitors as it is
a clear attempt to restrict the
raising of proper requisitions on
title. Furthermore, the Committee
considered that such practice also
is unfair to purchasers and their
solicitors as by putting them on
notice of such documents at the
pre contract stage it obliges the
purchaser's solicitor to carry out a
full and detailed investigation of
title before advising his client to
complete the contract.
The Conveyancing Committee
disapproves of the foregoing
practice and recommends that in
accordance with established con-
veyancing practice the documents
listed in the Documents Schedule
to the standard Conditions of Sale
should be limited to: —
a. The root of title being shown.
b. Any document to which title
is stated to pass under the
special conditions.
c. Any document wh i ch is
specifically referred to in a
special condition.
The Conveyancing Committee
disapproves, save in very except-
ional circumstances, of a practice
which would unreasonably restrict
solicitors for purchasers in carrying
out proper and detailed investiga-
tions of title on behalf of their
clients.
•
Conveyancing Committee
SCALE OF FEES AS AGREED
. BETWEEN
THE
I R I SH
I N S U R A N CE
FEDERAT I ON
AND THE I R I SH HOSPI TAL
CONSULTANTS ASSOCIAT ION
These f ees app ly f r om 1st
January, 1991.
MED I CAL REPORTS
First Report and Examination
- £100
Subsequent Reports - £85
COURT ATTENDANCES
(Per case/Per day)
High Court - £250 Per half day or
part thereof.
- £350 Full day or
part thereof extend-
ing into second half
of day.
Circuit Court - £200 Per day or
part thereof.
District Court - £160 Per day or part
thereof.
Expenses
- Expenses as taxed
out of town
in addition to sub-
sistence allowance.
CONSULTATIONS
Consultation with Counsel
(in consultants' rooms) -
£70
In Court other than on
day of hearing
-
£100
CONSULTANT FOR PLAINTIFF
Consultation with Consultant for
defendant
Telephone
-
£20
Letter
-
£40
Consultant to Consultant -
£60
STANDBY FEES
For standby within five (5) miles of
Consultant's Hospital - 25% of
days attendance rate
For standby for a court more than
five (5) miles from Consult-
ant's Hospital - 50% of day's
attendance rate.
•
CONTINUING
LEGAL
EDUCATION
ADMINISTRATION
OF ESTATES
Due to overbooking the
above seminar run in
Dublin on 17th December
1990 and Cork 31st
January 1991 will be run
in Dublin again on Friday
22nd February 2.30 -
6.30 p.m.
Fee: £45.00.
Applications should be
sent to Geraldine Pearse,
Law Society, Blackhall
Place, Dublin 7, Phone
710711.
8