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Fixed scales o f costs
T
he
Council considered a report from a Committee
on the subject of fixed scales of costs which include
items o f outlay payable under Rules of Court e.g.,
costs o f judgment by default in the High Court
and Circuit Court and costs of defended or un
defended proceedings in the District Court. In
some cases items o f disbursement such as com
missioners’ fees and process servers’ fees have
increased substantially since prewar but no allowance
has been made for the increases in the scale costs.
The Council adopted a report from the Committee
which recommended that fixed scales o f costs
prescribed by Rules of Court should deal with
professional charges only and should contain a
provision that all disbursements properly made
should be added to the scale charges. The Sec-'
retary was directed to communicate with the several
rule making committees.
Intestates Estates Bill 1951.
T
he
Council decided to make representations to
the Minister for Justice on the delay in passing this
Bill which was introduced in the Seanad in 1951.
Client’s privilege.
M
ember
obtained judgment on behalf o f a plaintiff
for a liquidated amount against a defendant who
appeared to be impecunious and without realisable
assets. About ten years ago member had prepared
a transfer of lands from the then registered owner
to the present defendant and a nephew jointly.
Apart from this knowledge, which was obtained
professionally, member might not have known of
the existence of the property but, - on the other
hand, he might in the ordinary course have pursued
inquiries which would have brought its existence to
light. Member has not acted for the defendant
since 1940 and asked for the ruling of the Council
as to whether he might use the knowledge then
obtained for the purpose of advising the present
plaintiff to have a judgment mortgage registered
against the holding. On a report from a Committee
the Council held that member should not use the
information which he received as the defendant’s
solicitor. He might, with the plaintiff’s consent,
hand over the case to another solicitor.
Land Registration Costs.
T
he
Council considered a copy of a memorandum
from the Secretary of the Department o f Justice to
the Land Registration Rules Committee on the
subject of the recent application by the Society for
increases in the scales of costs on sales, purchases,
and voluntary transfers of registered lands. The
memorandum stated that the Minister had refused
to Concur with the Order made by the Rules Com
mittee and set out the reasons for his refusd. A
deputation from the Council was appointed to
seek an interview with the Secretary o f the Depart
ment and to report back.
SMALL DWELLINGS
(ACQUISITION) ACTS.
Housing (Amendment) Act 1950
F
ollowing
a conference with solicitors acting for
local authorities and representatives o f bar as
sociations the Council recommend the adoption
o f the following reduced scale o f mortgagees’ costs
by solicitors on taxed costs remuneration acting for
local authorities advancing moneys under the Small
Dwellings (Acquisition) Acts for the erection of
new “ grant ” houses.
(
7
) The recommendation applies only to cases
in which the local authority concerned
advances the legal expenses o f the lease or
purchase and the mortgage in pursuance o f
section 50 o f the Housing (Amendment)
Act 1950.
(«) The reduction should be made only where
a solicitor acting for a local authority' in
vestigates, or reasonably expects to investigate
the same title more than once in a period of
twelve months for the same local authority.
(
m
V) Subject to the foregoing the solicitor may
agree with the local authority to charge a
fixed commission scale fee o f 2 per cent, on
the amount o f each loan whether the title
is registered or “ unregistered ” and in the
former case whether or not title is investi
gated outside the register, to include all
work of and incidental to the completion
and registration o f the mortgage.
(ip)
The reduced scale applies only to the work
done as solicitor for the mortgagees.
(p)
All solicitors acting for local authorities on
a taxed costs basis are requested to give
effect to this remuneration.
STAMP DUTIES
Finance Bill 1953
The following sections of the Finance Bill 1953
deal with stamp duties :—
Exchanges
1 1 .—(1) In this section “ the principal A c t ”
means the Stamp Act 1891.