178 / 324
anything which if done by the solicitor himself
would be calculated unfairly to attract business.
It is the duty of a solicitor to make reasonable
enquiries before accepting
instructions for the
purpose of ascertaining whether the acceptance of
such instructions would involve a breach of the
regulations. The key word is " reasonable " and
while it is obvious that normally a solicitor will
not be concerned to enquire why a particular client
consults him there may be special circumstances
which put him on notice particularly where he acts
for several parties to a sale. A solicitor who agrees
to act for both parties to a sale might be held to
have contravened the regulation if there were
anything to put him on notice or inquiry that the
object of the arrangement between the vendor and
the purchaser is to have work done at less than
the proper scale charges or that either party had
insisted that the other would not be separately
represented.
6. The Council repeat their view as to the danger
and general undesirability of acting in a dual capacity
and point out that the onus of justifying his position
will rest on the solicitor if a conflict of interest
arises.
The following statement of Danckwerts
L. J. in Goody
v.
Baring (1956 I.W.L.R. 448)—an
action for negligence against a solicitor who had
acted for both vendor and purchaser—is of interest.
" It seems to me practically impossible for a solicitor
to do his duty to each client properly when he
tries
to act for both vendor and purchaser."
Reference was made to Moody
v.
Cox. (1917 2 Ch.
71) in which Scrutton L. J. said, " It may be that
a solicitor who tries to act for both parties puts
himself in such a position that he must be liable
to one or the other whatever he does. The case has
been put of a solicitor acting for vendor and pur
chaser who knows of a flaw in the title by reason of
his acting for the vendor and who, if he discloses
that flaw in the title which he knows as acting for
the vendor, may be liable to an action by his vendor,
and who, if he does not disclose the flaw in the
title, may be liable to an action by the purchaser
for not doing his duty as a solicitor for him.
It
will be his fault for mixing himself up with a trans
action in which he has two entirely inconsistent
interests and solicitors who try to act for both
vendors and purchasers must appreciate that they
run a very serious risk of liability to one or the
other owing to the duties and obligations which such
a curious relation puts upon them."
LAND BOND ORDER 1956—S.I. No.
306/1956.
THIS Order creates a series of Land Bonds to a
total amount of £550,000 to be known as " 5!%
Land Bonds,"
issued
in denominations of
£i,
£10 and £100, for the purpose of making advances
and paying purchase moneys for the period from
ist December 1955 to 3ist December 1957. These
Land Bonds shall be inscribed in the books of the
National City Bank, and after allocation by the
Land Commission Court, shall be transferred to
and registered in the names of the persons for
the time being entitled to such Land Bonds. Detailed
provisions are made for the redemption of these
Bonds.
HIGH COURT RULES
1957—S.I. No.
12/1957.
THESE Rules are deemed to be incorporated with
the existing Rules of the High Court and Supreme
Court.
1. These rules amend a provision of the High
Court Rules 1954 (S.I. No. 131/1954) under Order
16, Rule 3 of the High Court Rules 1926 by pro
viding that " an application by any party for an
order that the trial of any proceedings elsewhere
than in Dublin may be made to a judge at any
time either
(a)
by motion on notice to the other
party or parties, or if all parties consent thereto,
by motion ex parte."
2. Under Rule 3 of Order 4 of the High Court
Rules 1926, the amount to be claimed for costs
on foot of a summary summons Form n on foot
of liquidated amount shall be the following, after
4th February, 1957 :
If the demand does not exceed £5 ...
£i
12
o
If the demand exceeds £5 but does
not exceed £25
...
...
...
212
o
If the demand exceeds £25 but does
not exceed £50
...
...
...
3
2
o
If the demand exceeds £50 but does
not exceed £300
...
...
...
4
2
o
If the demand exceeds £300 but does
not exceed £600
...
...
...
5
5
o
If the demand exceeds £600
...
6 10
o
An additional
i5/- for each additional service
after the first will be allowed, as well as the costs
of the order (if any) for service of summons or
notice in lieu thereof out of the jurisdiction, or
for substituted or other service, or for the sub
stitution of notice of service, or for declaring service
affected sufficient, or any notice by advertisement
of the issue of the summons.
3. The costs prescribed in Appendix II Part I
of the High Court Rules 1926 were fixed for each