171 / 324
The plaintiff being dissatisfied with this ruling,
lodged a notice of objection on the 4th February,
1956, to the disallowance of the experts' fees on the
grounds that it was essential that the plaintiff should
obtain estimates and so forth from these expert
witnesses to enable him to formulate his claim and
that the statement of claim could not have been
completed without these reports and estimates.
By his report of the 2ist February, 1956, the
Taxing Master on this objection reported :
" In my
view these items of outlay incurred in preparing
the plaintiff's claim are special damages and may not
be recovered as costs of action and I so report to
this honourable Court." The plaintiff moved by
notice of motion to review the taxation and to
allow the objection of the plaintiff to the finding
and ruling of the Taxing Master in his report of the
25th February, 1956, and the matter coming before
Mr. Justice Murnaghan on the I5th June, 1956, the
learned judge ordered that the costs be referred
back to the Taxing Master to review his taxation
of the experts' fees, " the Court holding that the
said items are not special damages but rather items
of costs and should be dealt with as such by the
Taxing Master such items being items which the
Taxing Master might properly allowinfullor in part."
An important point for the profession was also
involved in regard to the fee claimed for instructions
for statement of claim £31 los. The practice of
the Taxing Masters has been to allow a maximum
fee of £15 ijs., on the basis that a solicitor does
no substantial work in an action until he has prepared
the case to advise proofs.
It was strongly urged
that such a general principle would be incorrect as
in many cases a solicitor in duty to his client must
undertake a considerable amount of work before
filing the statement of claim for which a fee of
£15 155. would be completely inadequate and that
the Taxing Masters should not be bound by any
particular figure.
The Taxing Masters reduced
the instructions fee from £31 jos. to £15 ijs. The
plaintiff lodged objections and the Taxing Masters
having increased the fee to £21 the matter was not
taken any further. While the matter is still open
the Council feel that the result of this case is authority
for the proposition that the fee for instructions for
statement of claim should not be subject to a fixed
maximum but must be decided with reference to
the facts of the particular case.
BUSINESS WITH GOVERNMENT AND
COURT OFFICES.
THE Secretary recently wrote to the heads of the
various offices asking for particulars of the times
normally taken to deal with various classes of
business
when the papers are submitted in order
by a
solicitor. The following information was received
in reply.
Land Registry.
(Official reference D.R. 27/9/56)
In the case of transfers on sale, voluntary transfers
(not including transfers of part requiring Land
Commission consent to sub-division) release of
registered charges or
transmissions
on death,
registration would be completed in seven days from
the date of the application.
In cases of applications to discharge equities,
assuming the case is free from complexity and that
prompt replies to examiners' rulings are received
completion of the case should be effected within
four weeks.
Rulings on title in applications to discharge
equities are normally issued within seven days from
date of lodgment of the application.
Certified copy folios can be issued in four days
and copy maps in seven days from the date of
application. Some delay will occur in issuing copy
maps if the Ordnance Survey are not in a position to
supply the necessary Ordnance Sheet promptly.
The periods given will not apply in the case of an
application or dealing which is in any way defective.
In such cases requisitions will issue to the solicitor
on record.
Arrears of work sometimes occur in branches of
the Registry owing to increases in the numbers of
dealings and applications and at such times the
normal periods for dealing with business may be
longer.
Land Commission.
(Official reference S.R. 83/56 29/9/56).
Certificates of redemption value are issued within
four working days of receipt of the application in
order, i.e., specifying the correct collection number
and payer's name.
Sub-division
applications not
involving
the
creation of uneconomic units or the disposal of
Land Commission allotments are dealt with within
a fortnight from receipt of the application in order.
About 70 per cent, of applications are in this
category. Other cases involve local enquiries and
take longer.
The average time in such cases is
about one month from the date of application in order.
Copies of documents other than maps will be
supplied within two weeks from the date of the
payment of the fee specified in Appendix II Land
Purchase Acts Rules 1951 (S.I. No. 50 of 1951).
In the case of maps the fee is assessed and quoted
within one week of receipt of the application in
63