207 / 324
Vol. 51
No. 1
MAY,
1957
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
PrtriJtnf
NIALL S. GAFFNEY
Viee-friiidents
DESMOND J. COLLINS
CHARLES J. DOWNING
Secritary
ERIC A. PLUNKETT
FOR CIRCULATION AMONG
MEMBERS
MEETINGS OF THE COUNCIL
APRIL IITH:
the President in the Chair. Also
present: Henry St. J. Blake, John R. Halpin,
James R. Quirke, Desmond J. Mayne, D. J. Collins,
Ralph J. Walker, Cornelius J. Daly, Francis J.
Lanigan, George G. Overend, Derrick M. Martin,
Terence de Vere White, George A. Nolan, John J.
Nash, Arthur Cox, Reginald J. Nolan, Joseph P.
Tyrrell, John Maher, Peter E. O'Connell, C. E.
Callan, W. J. Comerford, John J. Dundon, Scan
0' hUadhaigh, Charles J. Downing, Thomas A.
O'Reilly, John Carrigan, R. McD. Taylor.
The following was among the business transacted.
Outlay omitted in taxed bill of costs.
A MEMBER, who omitted certain outlay from a
taxed bill, due
to
the
recent statutory orders
increasing Court fees of which he was unaware,
enquired whether as a matter of professional con
duct he was debarred from charging the amount to
the client. The Council, while not expressing any
view on the legal position, stated that there would be
no professional objection to member's deducting
the additional outlay from any monies in his hands
as an amount paid for the use of the client and so
informing him.
Payment to a solicitor.
Power to give a
receipt on behalf of client.
AN unsuccessful defendant against whom judgment
was given in the High Court for damages and costs
maintained that the plaintiff's solicitor has no power
to give a receipt for the costs and that the cheque
for the amount thereof should be made payable
to the client. The ground for this view was that
party and party costs are only an indemnity to the
client against his solicitor and client liability. The
Council referred
to
the following statement in
Cordery on solicitors 4th edition (1935). page 117 :
A plaintiff's solicitor is authorised to receive
payment or tender of debt or costs before or
after judgment except where the plaintiff is an
infant or of unsound mind.
Different considerations may apply where a case
is settled before the institution of proceedings as
there is then no solicitor on record. The Council