238 / 324
of liability. The plaintiff, refusing this sum, pro
ceeded to trial by a jury. At a trial, the only question
submitted to the jury was the assessment of dam
ages, and their apportionment between the defend
ants.
The jury assessed the damages at £1,860,
and Lord McDermott, L.C.J. entered judgment
for the plaintiff for this sum, ordering the return of
the balance to the defendants. As a result of a
lengthy legal argument lasting five d
ays before
the Court of Appeal (Porter and Black, L.JJ. and
Sheil, J.), the decision of the Lord Chief Justice
was
reversed, and
judgment was unanimously
entered for the defendants.
On taxation, the
Taxing Master disallowed the costs of a second
senior counsel in the Court of Appeal, giving as
his reason that, on his view of the authorities, a
third counsel would only be allowed in cases of
great magnitude, difficulty and importance.
As
the amount involved in the Court of Appeal was
only £250, the case, in his opinion, could not be
regarded as one of great magnitude.
On appeal, Black, L.J., who had been a member
of the Court of Appeal hearing the case, held that the
Taxing Master had erred in regarding these three
elements as being conjunctive, and, that, as the
case was not only of great difficulty but also of
considerable importance the costs of three counsel
should have been allowed in accordance with the
usual practice in Ireland, as approved in a series
of reported cases, which, sitting as a Judge of
first instance, he considered he was bound to
follow.
(McCormick
v.
Harland & Wolff Ltd. (No. 2)—
(1956) N.I. 170).
LABOURERS ACTS (SOLICITORS'
REMUNERATION) ORDER, 1957
S.I. No. 144 of 1957
THE Minister for Local Government in exercise
of the powers conferred on him by section 31 of
the Labourers (Ireland) Act, 1906, after consultation
with the President of the Incorporated Law Society
of Ireland, hereby orders as follows :—
1. This Order may be cited as the Labourers
Acts (Solicitors' Remuneration) Order, 1957.
2. The Taxing Officer for the purposes of rule
51 of the Labourers (Ireland) Order, 1912
and rule 52 of the said Order as inserted
therein by the Labourers (Ireland) Order,
1914 shall, as respects business undertaken on
or before the 3oth September, 1957, be Moya
Quinlan, Solicitor, of
15
Parnell Square,
Dublin.
3. Rule 51 of the Labourers (Ireland) Order, 1912
and rule 52 of the said Order as inserted
therein by the Labourers (Ireland) Order,
1914, shall, as respects business undertaken
by a solicitor on or after the ist day of
October, 1957, cease to have effect.
GIVEN under the Official Seal of
the Minister for Local Govern
ment this fifth day of July,
One Thousand Nine Hundred
and Fifty-seven.
PATRICK SMITH,
Minister for Local Government
EXPLANATORY NOTE
This note is not part of the instrument and does not
purport to be a legal interpretation.
Rule 51 of the Labourers (Ireland) Order, 1912
and rule 52 of the said Order as inserted therein
by the Labourers (Ireland) Order, 1914, regulates
the remuneration of solicitors acting for local
authorities acquiring land for the purposes of the
Labourers Acts, 1883
to 1956 and of solicitors
acting for vendors of such land. The effect of this
Order is to revoke these rules as respects business
undertaken on or after ist October, 1957 ;
there
after the remuneration of solicitors for such business
will be that ordinarily payable for such business.
This Order also appoints a taxing officer to tax
costs under the Labourers Orders, 1912 and ig^inre-
spect ofbusiness undertaken before istOctober, 1957.
The position as to election is important. As respects
business undertaken by a solicitor, on or after
ist October, 1957 the costs will be regulated by
the Solicitors' Remuneration General Orders, 1884
to 1951. Clause 6 of S.R.G.O. 1884 provides that
in all cases to which the scales prescribed in schedule
i apply a solicitor may
before undertaking any business
by writing under his hand communicated to the
client elect that his remuneration shall be according
to the present system as altered by Schedule II,
but if no such election is made the remuneration
shall be according to the commission scale fee.
If a solicitor wishes to charge by items in respect of
business undertaken on or after ist October,
1957 //
will be necessary
to elect therefor
in accordance with
clause 6 above by notice in writing to the client and, as a
matter of precaution,
to
the acquiring authority.