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Vol. 48

No. 3

July,

1954

THE GAZETTE

o f the

INCORPORATED LAW SOCIETY

OF

IRELAND

President

J

oseph

B

arrett

Vice-Presidents

Secretary

J

ohn

J. N

ash

E

ric

A . P

lunkett

J

ohn

R . H

alpin

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL.

ist

J

uly

: The President in the Chair.

Also

present .-—Messrs. John J. Nash and John R.

Halpin, Henry St. J. Blake, Niall S. Gaffney, Francis

J. Lanigan, Patrick R. Boyd, Ralph J. Walker,

Reginald J. Nolan, Cornelius J. Daly, John Maher,

Peter E. O’Connell, Edmund Hayes, William J.

Norman, Thomas A. O’Reilly, Francis J. Gearty,

Sean O hUadhaigh, James R. Quirke, James J.

O’Connor, John Carrigan, Joseph P. Tyrrell,

Derrick M. Martin, Desmond J. Collins, Arthur

Cox, George G. Overend, Desmond J. Mayne,

Patrick F. O’Reilly, John J. Sheil.

The following was among the business transacted :

Lectures on Taxation.

T

he

Council considered a report from the Court

of Examiners on the syllabus of the new Course D,

' and appointed the lecturer.

Fees for medical reports.

A

mem ber

asked for the guidance of the Council

as to his liability on a claim by a doctor for fees

for medical reports furnished in two cases. In the

first case after proceedings had been issued the

client informed member that he was attending the

doctor and member wrote to the doctor for a report.

The doctor wrote asking whether member would

undertake to pay his fees for the examination and

report, and member replied that he would send

the doctor’s letter to his client who might be in

a position to discharge the fee. The report was

subsequently furnished. The case did not proceed

and member received no costs. On the facts before

them the Council decided that there was no express

or implied undertaking by rhember to pay the

doctor’s fee and that he was not liable.

In the second case member acted for the applicant

in a workman’s compensation case and informed

the client that it would be necessary to obtain a

medical report.

Member subsequently met the

doctor who stated that he would send the report.

Member subsequently wrote to the doctor for the

report but the question o f payment was not men­

tioned.

The case was subsequently settled on

payment o f a sum to the workman, and costs,

but no provision was made for the doctor’s fee.

The doctor held member liable to pay his fee

i 9