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and any specialised knowledge given or applied on
the part of the Solicitor,
(e) The number and importance of any documents
perused.
(0 The place where and the circumstances in which the
business or any part thereof is transacted and
(g) The time reasonably expended thereon.
Mr. Behan emphasised the necessity for the file and
records to disclose reasonably the work done and the time
spent as the Taxing Master would have particular regard
to the file and records were he called upon to tax the bill
furnished.
Mr. Behan went on to deal with conveyancing fees and
pointed out that the scale fees were contained in the
Schedule of the Solicitors Remuneration General Order
1884. These scale fees were intended to cover the work
contemplated by the Schedule and Mr. Behan took the
view that any work which had to be done in consequence
of some conveyancing requirement or enactment that
came into operation subsequent to 1884 would not be
covered by the scale fee. Consequently a Solicitor would
be entitled to charge for the stamping of a deed with the
P.D. stamp, the obtaining of Section 45 Consent or other
similar work.
For those who do not possess a copy of the 1884
General Order, Mr. Behan pointed out that as a rule of
thumb any scale fee on a sale or purchase above £10,000
could be calculated as 1% plus £100, thus a scale fee on,
say, a purchase price of £183,500 worked out at £1,935.
Land Registry
The Land Registration Rules 1972 prescribes that for
conveyancing, or other business connected with registered
property (except in the case of litigation), is to be
regulated by the Solicitors Remuneration General Orders
1884 and 1960 save as varied by the Land Registration
Rules.
The Land Registry has its own scale fees which are
different to those under the Solicitors Remuneration
General Orders.
Mr. Behan considered in particular the Land Regis-
tration Rules and the important qualifications to their
adoption of the Solicitors Remuneration General Order.
Litigation
Mr. Behan's consideration of costs was confined to
Party and Party Taxation and referred in particular to the
Rules of the Superior Courts 1962.
He pointed out that costs in an Order mean Party and
Party costs unless the contrary is expressed therein or by
rule or statute. As far as taxation is concerned the Taxing
Master will allow all costs charges and expenses as
appeared to him to have been necessary or proper in
enforcing or defending the rights of either party but the
Taxing Master will not allow any costs which appear to
him to have been incurred or increased through over-
caution, negligence or mistake or by payment of special
fees to Counsel or special charges or expenses to
witnesses or other persons or by other unusual expenses.
Order 99 of the Rules of the Superior Courts 1962 detail
the points to which the Taxing Master should have regard
in determining what costs should be awarded.
As in the case of non-contentious matters the
instructions fee is in reality the way in which a Solicitor is
paid and the instructions fee element under item 17 of
Appendix W of the Rules of the Superior Court is
intended to cover the doing of any work not otherwise
provided for, necessarily or properly done in preparing
for a trial hearing or appeal or before a settlement of the
matters in dispute.
Mr. Behan emphasised that if a party felt aggrieved by
the decision of the Taxing Master in relation to costs the
rules prescribed for a most advantageous and unique
procedure where by the dissatisfied party, for very little
expense, could bring in objections before the Taxing
Master who could then bring the matter under review.
Ultimately there was provision for an application to be
made to Court.
Mr. Behan's lecture touched upon many aspects of the
drawing of costs and much of what he had to say about
the costs which a Solicitor is entitled to charge came as a
surprise to many of the Practitioners present. His paper
merits careful reading.
(A copy of Mr. Behan's lecture can be obtained from Norman T. J.
Spendlove, Solicitor, 94 Grafton Street, Dublin 2.)
ASSOCIATION INTERNATIONALE
DES JEUNES AVOCATS
The annual conference of the Association Internationale
des Jeunes Avocats will be held in Milan from the 2nd to
the 6th of October, 1978.
It will have as its themes the following:
1. Ecological Aspects of Manufacturers Liability.
2. Accessto Foreign Real Estate.
3. Speed and Efficacity of Civil Procedure — an Inter-
national Survey.
The A.I.J.A. was formed in Toulouse in 1962 with a view
to analysing the problems of young lawyers, promotiong
their formation, and playing an active role in the evolution
of the profession and the formalisation of its professional
principles.
Its members belong to over 30 differnt countries.
The Association seeks to accomplish its goals mainly
via:
— the work or permanents commissions;
— the organisation of yearly congresses;
— the organisation of introductory courses to the laws
of the various countries of the world;
— the organisation of professional practice periods
abroad.
Registration forms for the congress must be completed
no later than 15th July 1978.
For further details please contact Michael W. Carrigan
of 61 Fitzwilliam Square, Dublin 2, Telephone 785766.
PROPOSED EUROPEAN TRIP
A trip to Brussels similar to the trips which the Society
has recently made is under consideration by the Com-
mittee. However, as the programme is at present in a
somewhat embryonic state any person who might be
interested in going on the trip or who may have some
worthwhile suggestions as to the format which such a trip
might take should contact Mary Finlay of 28/32 Upper
Pembroke Street, Dublin 2, Telephone 765888.
AUTUMN SEMINAR,
It is some time since the Society has held a seminar in
Wexford and the Committee has decided for a change of
scene to hold the next seminar in Wexford on the weekend
of 21/22nd October 1978.
The programme is being worked out at the moment
and full details of the programme will be announced a
little closer to the time.
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