The Gazette 1978

GAZETTE

JULY-AUGUST

COUNCIL NOTES

At its meeting on 15th June, the Council on the

proposition of Mr. W. B. Allen passed with acclamation,

a vote of congratulation to the President, Mr. J. L.

Dundon and Mrs. Dundon on the manner in which they

conducted the Opening Ceremony.

Increase of Jurisdiction of Courts

Following debate over three meetings of the Council, it

was agreed that the Society's attitude towards the

suggestion of increasing the jurisdiction of the Circuit

Court and District Court should be as follows:—

(1) The Council welcome the proposals for overdue

increases in the Jurisdictions of the Circuit and

District Courts. The Council have an open mind on

the desirable extent of the increases in the Jurisdiction

of both Courts as this would largely depend on the

increase in facilities that will be provided through the

appointment of Judges and Justices, Court Staff and

Offices and Courts necessary to deal with the

consequent increase in the volume of business in these

Courts.

(2) The Council consider that the District Court should

also be given jurisdiction to deal with:

(a) Criminal Injury Claims up to the limit of District

Court Jurisdiction for Contract and Tort.

(b) Licensing Matters (at present in Circuit

Jurisdiction) subject to rights of appeal to all

parties (including the State) to the Circuit Court.

Separation, Alimony and Custody limited if

desired to stated values of the family assets and

subject to rights of appeal to the Circuit Court.

(3) That the Circuit Court be given like Jurisdiction in

matrimonial matters but with higher limits and

subject to appeal to the High Court.

(4) That the proper facilities be provided to enable the

District Court function as a Court of Record and to

enable judgments to be registered.

(5) That simultaneous necessary arrangements be made

providing for a scale of costs arising out of the

increase in jurisdiction.

Note was taken of the fact that the recommendations

of the Land Registration and Court Rules Committees in

the matter of solicitors' remuneration had been referred

back to those bodies by the Department of Justice.

Extreme concern was voiced over this further delay in

adjusting remuneration, following on the National Prices

Commission recommendations of March, 1977. It was

agreed that the Society should seek an early discussion

with the Minister for Justice on the subject.

Landlord and Tenant Bills

Mr. D. Binchy, Chairman, and the Parliamentary

Committee were congratulated on the manner in which

they had examined and made recommendations,

successful in many cases, on the Landlord and Tenant

(Ground Rent) Bills.

Liaison with Bar Council

Discussions are proceeding with representations of the

Bar Council with a view to improving the arrangements

for the conduct of business and between solicitors' offices

and counsels. As soon as the discussions are completed, a

detailed report will be issued to members.

Retirement of Librarian

The Council accepted the retirement of Mr. Colm

Gavan Duffy, Librarian and Editor from the service of

the Society with effect as from 30th June, 1978. In doing

so, the Council adopted the following resolution:—

"The the Council of the Incorporated Law Society

of Ireland express its sincere appreciation to Mr.

Colm Gavan Duffy for his dedicated loyal service

to the Society during the

years in which he held

office of Librarian."

Membership of Institute of Taxation

In response to enquiries from members, the Council

decided that it would raise no objection to the use of the

initials A.I.T.I. on solicitors' letter heading to denote

Associate Membership of the Institute of Taxation.

Law Clerks Joint Labour Committee—New Rates

The attention of members is drawn to the revision of

statutory minimum rates for staff employed in solicitors'

offices with effect as from 26th June, 1978.

Arising our of the unfavourable publicity received this

year on the publication of the 1977 Labour Inspection

Report, the Council asks that particular attention be paid

(i) The posting up of current Employment

Regulation Order

(ii) Payment of revised rates from the due date and

(iii) Payment of the correct wages to the appropriate

category of staff i.e.,

Managing Clerk,

Conveyancing Clerk/Cost Clerk, General Law

Clerks 17 years of age and over, Shorthand

Typists/Typists.

Revision of Superior Courts Rules

A Committee is reviewing the Rules of the Superior

Courts, with the submission of recommendation to the

President of the High Court in mind. Members who wish

to submit observations should do so as soon as possible.

Professional Indemnity Insurance

The Council again draws the attention of members to

the absolute necessity for an adequate level of

Professional Indemnity Insurance. If you are not already

covered you should write NOW to the Society's official

brokers.

J. H. Minet (Ireland) Ltd.

Upper FltzwiDiam Street,

Dublin

NATIONWIDE INVESTIGATIONS

(Laurence Beggs)

126 BROADFORD RISE

BALLINTEER

DUBLIN 16

Pbone 989964

104