291 / 324
tion, but on the facts it is clear that consolidation
was impracticable.
The truth of the matter is that this order, which
is not an uncommon order to make, is eminently
one of convenience in that it enables all the evidence
to be called at once before the court; but it does
not, under the rules as at present constituted, enable
the judge at the trial of the proceedings listed and
tried together to make what I may call a global order
in regard to costs. For my part, I confess that, in
cases where consolidation is not possible, it is not
only convenient that this order should be made, but
it may be that, in the interests of justice, the court
should have power to deal with all the costs of the
proceedings tried together. However, under the
rules, I am quite satisfied that that cannot be done
at present.
For those reasons I would dismiss this appeal.
Pearce, L.J.—I agree.
(John Fairfax & Sons Pty., Ltd.
v.
E. C. De Witt
& Co. (Australia) Proprietary, Ltd.—(1957) 3 All
E.R. 410.)
.' 1
SOLICITORS AND AUCTIONEERS
The Council have been in correspondence with
the Irish Auctioneers and Estate Agents'Association
on the subject of the respective fields of professional
activity of solicitors and auctioneers.
In a recent
issue of the
Gazette
members were informed that
proceedings had been instituted by the Society,
against a house agent who had drawn up an agree
ment for the letting of a furnished flat, his remunera
tion consisting of the usual commission on the
making of the letting. As the house agent refused
to give an undertaking to discontinue this practice
proceedings were instituted against him by the
Society and were subsequently withdrawn on his
giving the desired undertaking and indemnifying the
Society against the costs of the proceedings. The
Council wrote the Irish Auctioneers and Estate
Agents' Association to notify them of the proceed
ings and asking them to advise their members
thereof, which the Association agreed to do. The
Association have drawn the Council's attention to
their view that solicitors should not undertake work
which the Council of the Association consider to
• be the proper responsibility of the auctioneers and
estate agents. They referred particularly to the
practice of solicitors advertising properties for sale
and letting by private treaty and also undertaking
work normally dealt with by estate agents. The
Council have replied stating that they would be
unable to find themselves in agreement with the
Association if it were suggested that solicitors should
not undertake land agency and rent collection work
which has always been part of the normal practice
of solicitors, although they cannot claim an exclusive
right in it any more than auctioneers, accountants,
or members of the public.
With regard to the question of advertisements
by solicitors offering property for sale or letting, the
Council of the Society are in agreement with the
Association that in the interest of the respective
bodies and their members, solicitors should not hold
themselves out as undertaking such work. It has,
however, been pointed out to the Association that
there is no legal prohibition which would prevent
solicitors or any other persons from advertising
property for sale or letting on the instructions of
clients, and that cises do occur in which clients
may direct solicitors to perform this work. The
Council have stated that members of the Society if
so instructed by clients could not legitimately refuse
to accept instructions having regard to
the
particu
lar relations which exist between solicitors and their
clients. Subject thereto, the Council wish to recom
mend to members of the Society that solicitors
should not undertake the work of advertising pro
perty for sale or letting without direct instructions
from clients. The Association have already at the
Society's request sent out a circular drawing the
attention of their members to the fact that it is
illegal for an unqualified person to draw up a con
tract for sale, lease or other document relating to
real or personal estate directly or indirectly in
expectation of fee or reward.
INDEX TO STATUTORY
INSTRUMENTS
published since August, 1957
AGRICULTURE, LANDS AND FISHERIES
SUBJECT MATTER AND REFERENCE NUMBERS
Bacon Levy
(Home Consumption) Suspending Orders—
201/1957, 233/1957, 251/1957, 8/1958, 43/I95 8- 61/1958.
Bacon—Rates of Subsidy payable to Bacon Curers on Bacon
exported from 22nd April, 1957 to 8th August, 1957—
180/1957.
Bovine Tuberculosis (General Provisions)—219/1957.
Bovine Tuberculosis—Co. Sligo declared a Clearance Area—
217/1957.
Dead Turkeys for Export to 3ist January, 1958, need not
have been killed on Licensed Poultry Premises—210/1957.
Emergency Powers (No. 95) Order 1941, relating to Dairies,
revoked—211/1957.
Fertilisers, Feeding Stuffs and Mineral Mixtures Act 1955
to come into force on ist January, 1958—265/1957.
Fertilisers, Feeding Stuffs and Mineral Mixtures Regulations
—264/1957.
Feeding Stuffs—Defined Articles not in
this category—
197/1957.
Home Grown Wheat—National Percentage for Cereal Year
1958-9 fixed at 75% of the Milling Quotas—226/1957.
Levy on Home-Market Sales of Bacon suspended in specified
months—233/1957, 751/1957, 8/1958, 43/1958.
84