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foot of the said costs after getting all just credits

on account thereof" with the following additional

words added by the applicant on the advice of his

solicitor " insofar as

the same

became

legally

chargeable to me." The requisition as so amended

was returned to the applicant's former solicitor

and the bill of costs was taxed on foot of the requisi–

tion. The applicant now alleged that he had never

retained the petitioning creditor in connection with

the sale the subject matter of the bill of costs and

that his right to raise this point was safeguarded

by the additional words added to the requisition for

taxation.

It was held by Overend, J. (i) that not–

withstanding the insertion of the qualifying words

" insofar as the same became legally chargeable to

me " there was a clear admission on the face of the

requisition that the petitioning creditor had been

retained as solicitor;

(2) that having signed the

requisition in respect of -the bill of costs which

included the sale transaction it was not open to the

applicant to raise the question of the solicitor's

retainer in regard to the entire of that transaction,

In re Tobin

v.

Hourihane and Cahalane,

(80 I.L.T.R. 60)

ON an appeal from the Circuit Court, Davitt, J.

decided a question as to the liability of an unsuccess–

ful plaintiff for the costs of two separate defences

entered by a solicitor and the assistant solicitor in

the firm, acting separately for two defendants.

The action was for slander of title against two

defendants who consulted a firm of solicitors. An

appearance and defence were entered on behalf

of the first-named defendant by the principal in the

firm and an appearance and defence were entered

on behalf of the second defendant by a solicitor

who was a salaried partner.

Evidence was given

that there was no partnership agreement between

the principal and the salaried partner but that under

the Business Names Act, 1916, both their names

were registered as carrying on business under the

name of the firm.

In addition to receiving a salary

the salaried partner on a number of occasions acted

personally on the principal's instructions

in his

own name and for his own personal profit and it was

understood in the case before the Court that the

salaried partner should act for the second defendant

and that the costs of so acting should be his own

personal property. The County Registrar allowed

each defendant his full costs of appearing and

defending the action by his own solicitor.

In an

appeal against the taxation of the costs

it was

submitted for the unsuccessful plaintiff that there

was no conflict of interest between the defendants

and that one appearance and one defence in Court

would have been sufficient and furthermore that

from the relationship of the defendants' solicitors

one set of costs only should be allowed to the

defendants.

Davitt, J. delivering judgment said

that he was satisfied that separate defences were

necessary and affirmed the decision of the County

Registrar with costs.

The Uninsured Driver

SOLICITORS concerned with running down

cases

will be interested to learn of a scheme which has

been adopted in England between the Minister

for Transport

and

the Motor

Insurers.

An

agreement has been made setting up a Motor

Insurers' Bureau which deals with compensation

of third party victims of road accidents caused by

road vehicles, and damages awarded by the Courts

which such third parties are unable to recover

from a motorist who has failed in his statutory

obligation to insure or where the policy is rendered

inoperative for some reason.

The motor vehicle

insurance companies have agreed with the Minister

of Transport to keep the Motor Insurers' Bureau

in funds and the bureau will pay to persons who

succeed in establishing claims for damages against

uninsured drivers of motor vehicles the amount

which they would have received for damages and

costs had the driver been insured in the ordinary

way. The scheme is also applicable where a motor

vehicle driver has lost the benefit of his policy by

breaking the conditions

thereof.

An important

fact of the scheme is that compensation will be paid

by the Crown on the same scale as would be paid

by the bureau if the accident were caused by a

private car. The scheme is an admirable one as it is

intended to provide for a situation which although

of infrequent occurrence is a source of very great

hardship where it arises.

SUPREME COURT AND HIGH

COURT SITTINGS, 1946-47

Michaelmas

...

loth October to zist December,

1946.

Hilary...

... nth January to 3ist March, 1947.

Easter...

...

ijth April to iyth May, 1947.

Trinity

...

znd June to 3151 July, 1947.

High Court and Supreme Court Rules 1946

COPIES of these Rules, made on the

z^th

May, 1946,

which slightly alter the form of Originating Sum–

monses, are now on sale at

the Government

Publications Sale Office, 3/4 College Street, Dublin,

or through any Bookseller,

Price, 3d.