83 / 346
GAZETTE
APRIL 1983
Annual General Meeting of the
Solicitors Benevolent Association
The 119th Report of The Solicitors' Benevolent
Association for the 1982 was held by kind permission at
The Law Society, Blackhall Place on 25th March 1983.
In proposing the adoption of the Receipts and
Payments Account the Chairman Mr Eunan McCarron
mentioned that a sum of £ 1 3 , 5 9 4 . 00 yearly subscription
kindly collected for the Association by The Law Society
had been received shortly after the close of the year
under review and consequently the true figure for yearly
subscriptions was in fact £ 2 6 , 8 9 4 . 00 as against
£ 2 1 , 3 1 8 . 00 for the previous year. This was a satisfactory
increase.
The Chairman in thanking Bar Associations, The
Society of Young Solicitors and The Law Society for
their Donations drew attention to the fact that 17 Bar
Associations had not contributed and he appealed to
them to assist if possible.
There were 53 Grantees/Annuitants most being in
receipt of monthly remittances. Of these 10 were
Solicitors, 19 were Wi dows or Deserted Wives and 3
were students. The average age of those helped was 65
years.
The Chairman drew particular attention to the fact
that the Association embraced the 32 Counties, that
requests for assistance were dealt with as of immediate
urgency and that complete confidentiality was observed
by the Directors.
The proposal was Seconded by Mr Michael Houlihan,
President of The Incorporated Law Society who
congratulated
the
Chairman,
Deputy
Chairman,
Secretary and Directors on the excellent work done by
the Association and considered it a Charity well worthy
of support. He stated that it was his intention to seek to
further its cause at every opportunity.
The Metropolitan and Provincial Directors were re-
elected as was the Auditor Mr Joseph Taaffe.
Mr Colm Price was elected a Metropolitan Director
and Mr Robert Flynn of Cork, a Provincial Director.
Association Internationale des Jeunes Avocats
The Annual Congress of AI JA - Young Lawyers
International Association — will be held in
Helsinki from 29th August to 2nd September 1983.
The topics chosen for the Congress are the
following:
1. Divorce — Recognition of Foreign decrees.
2. The Rights of the Employee.
3. Ea s t /We st Trade.
,
4. The Legal Profession and Tomorrow's Client.
Further details of the Congress can be obtained from:
Michael W. Carrigan,
Eugene F. Collins & Son, Solicitors,
61 Fitzwllliam Square, Dublin 2.
Practice Notes
Planning Acts — Appeals
The attention of the Editorial Board has been drawn by
a Solicitor to the editorial note which appeared in
Correspondence on page 19 of the January/February
1983 issue, in which it was stated that persons who make
representations to a Planning Authority in relation to an
application under Section 26 or 27 of the 1963 Planning
Act while the Planning Authority was considering such
application had no formal status under the Act and are not
"notice parties". Our correspondent drew attention to the
provisions of paragraph 32 (2) of the Local Government
(Planning & Development) Regulations 1977, which
provide that where any person or body has made
objections in writing to the Planning Authority in relation
to a Planning Aplication, the Planning Authority shall,
within 7 days of making a decision, notify such person.
There must be considerable doubt whether this
purported provision is valid. There is no provision in either
the 1963 or 1976 Planning Acts which obliges a Planning
Authority to notify a person who merely makes
representations to them in respect of a Planning
Application during the course of its consideration by the
Planning Authority. The attempt in paragraph 32 (2) of
the 1977 Regulations to impose this obligation on a
Planning Authority may well be open to challenge on the
grounds that it is ultra vires.
The Editorial Board, while regretting that the note
which appeared in the January/February issue was
inaccurate in overlooking this particular provision, would
be reluctant to encourage persons making representations
to a Planning Authority to rely on the apparent duty of the
Authority to notify them of decisions. •
Issue of Contracts to Auctioneers
in Private Treaty Sales
Notwithstanding a previous recommendation published
in the July/August 1979 Edition of the Gazette, it has
come to the attention of the Conveyancing Committee that
it is still the practice of some Auctioneers to procure
contracts from Solicitors with a view to obtaining the
signature of a prospective Purchaser to a Contract without
the Purchaser's Solicitors first having an opportunity of
considering its terms and advising the Purchaser on same.
The Committee feels that this is a most undesirable practice
and also understands that it is contrary to the directions of
the I. A.V.I., to its Members. Such a practice may not be in
the best interest of the Vendor, as it is questionable
whether such Contracts could be specifically performed.
The Committee considers that a Party to a sale should
have an opportunity of having the Contract vetted by a
Solicitor before executing same and recommends that in
Private Treaty Sales the practice (where it exists) of
sending out copies of Contracts to Auctioneers be
discontinued. •
75