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Legatees' right to copy will.
A MEMBER asked the opinion of the Council on
the question whether a solicitor acting for executors
of an unproved will is bound or ought to supply
a copy of a will on payment to a beneficiary there
under before probate.
The Council decided to
inform member that the professional obligation of
the solicitor is to act on the executors'instructions.
The solicitor is not obliged to supply copies or
extracts from wills to beneficiaries unless so directed
by the executors.
It was, however, the opinion
of the Council that the ordinary practice is to
supply an extract of the relevant part of a will
to an interested legatee even before probate.
Arbitrations under the Insurance Act, 1936,
Section
72.
Costs.
ACTING on a report from a Committee the Council
decided to submit a memorandum to the Taxing
Masters on the subject of the costs allowed to
a successful claimant against an insurance company
on an arbitration under section 72 of the above
mentioned Act.
Labourers
Acts
Costs.
THE Council heard the report of a deputation
which was received by the Minister and officials
of the Department of Local Government on the
subject of costs of improvement schemes and
read a letter from the Department confirming
the result of the conference. The Minister proposes
to make an order prescribing new scales of costs.
The Council decided that the result of the repre
sentations was satisfactory subject to the making
of the necessary Order giving effect to the Minister's
decision.
RECEPTION FOR MEMBERS.
THE Council have decided not to proceed with the
Society's Dinner this year. A reception for members
and ladies will be held instead on November 24th,
the date of the Ordinary General Meeting, from
8 p.m. to 10 p.m. in the Society's Library. As
numbers must be limited members who have
not already obtained tickets are advised to apply
without delay.
The subscription will be 17/6
for single and 3j/- for double tickets and if the
demand exceeds the supply tickets will be allotted
in priority of application.
In this event a fair
proportion will be reserved for country members.
Forms of application for tickets were issued with
the notice for the ordinary general meeting.
SOLICITORS' MOTOR INSURANCE.
MEMBERS' attention is drawn to the provision in
the ordinary, policy of insurance which excludes
liability if the car is driven by another person on
the insured's business.
To obtain this cover an
additional premium is usually payable. A solicitor
would not be insured against liability for damage
by the negligence of a qualified or unqualified
assistant driving his car under this type of policy.
SOLICITORS' ACCOUNTS REGULATIONS.
THE Solicitors' Accounts Regulations were made
by the Society on 3rd November and the Chief
Justice has concurred. The regulations will come
into operation on
ist January, 1957, and will
oblige solicitors to keep separate bank accounts
for clients' moneys. They will shortly be on sale
at the Government Publications Sales Office.
PARTY AND PARTY COSTS WHERE
SALARIED SOLICITOR RETAINED.
EXTENSION OF TIME TO REVIEW COSTS.
PRINCIPLES upon which such extension is grounded
considered—Solicitor for defendants employed on
salary basis—right of defendant to recover profit
costs in successful litigation considered.
The plaintiff instituted proceedings against the
defendants in the High Court claiming certain
reliefs. On the hearing of the action the plaintiff's
claims were dismissed and costs were awarded
to the defendants. On the taxation of the defendants'
costs, objection was taken to the allowance of certain
items in the bill submitted by the defendants on
the ground that as the defendants' solicitor was
employed at an annual salary, they were not entitled
to tax a bill on the usual profit costs basis. The
taxing master disallowed
the objection
taken
on behalf of the plaintiff.
The plaintiff having
failed to bring an application to review the taxation
within the twenty-one days of the signing of the
certificate as prescribed by Order LXVI, Rule 3
of the Rules of the Supreme Court, 1905, applied
to the High Court for an extension of time limit
for bringing a motion to review the taxation.
On the hearing of this case, Budd J. granted the'
application, holding that the plaintiff was entitled
on the merits of the case to the Order sought.
Per Budd J. :—" The plaintiff is not only out
of time but very much out of time.
If I am to
exercise my discretion in his favour I must, I
think, to begin with be satisfied that he was taken
by surprise and failed to act, in genuine ignorance'
of the true state of affairs.
If he knew that the
certificate was signed or could not reasonably'