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journey from Dar-es-Salaam to London for the
hearing of the suit and an item of zoo guineas for
" instructions for brief." The co-respondent attend
ed in person before the taxing registrar on the
taxation of the costs, and, in connection with the
item for "instructions for brief" asked to be allowed
to
inspect the brief delivered to
the husband's
counsel. The registrar referred to the Judge the
question whether a litigant should be permitted, on
taxation, to inspect a brief delivered on behalf of
another party.
His Lordship said that at first sight it seemed
reasonable that the co-respondent should be allowed
to inspect the contents of the brief for which he was
required to pay, by way of party and party costs, in
order to put himself in a position to contend that
the brief fee was excessive. There was no doubt,
however, that legal professional privilege, which had
a sure, unshakeable foundation in our law, protected
from disclosure all documents which embodied
communications between a client and his
legal
advisers.
That privilege had a sound basis in
common-sense because it existed for the purpose of
ensuring that there should be complete confidence
in the mind of a client who consulted a solicitor or
conferred with counsel that there would be no
danger of what he disclosed ever being divulged.
He was quite satisfied that the co-respondent was
not entitled to inspect this brief or its contents, and
he so held. That did not prevent the co-respondent
from contending before the taxing registrar that
sums allotted to particular items were excessive. It
would be the duty of the taxing officer to scrutinise
closely the contents of the brief to see whether it
was overloaded with surplus material.
There was an abundance of authority for the
proposition " once privileged, always privileged."
That meant that once privilege attached to a docu
ment, that document remained privileged for all
time, unless the client who enjoyed the privilege
expressly waived it. (Hobbs
v.
Hobbs—
The Times
22 October, 1959.)
OBITUARY
MR. Gerald M. Counahan, Co. Registrar, died on
the znd July, 1959.
Mr. Counahan served his apprenticeship with the
late Mr. Robert M. Kieran, 41 Kildare Street,
Dublin, was admitted in Trinity Sittings, 1929, and
practised at Galway up to his appointment as Co.
Registrar in 1940.
Mr. Marcus A. Lynch, Solicitor, died on the 2oth
September, 1959, at the Meath Hospital, Dublin.
Mr. Lynch served his apprenticeship with the
late Mr. William Lynch, 12 Lr. Ormond Quay,
Dublin, was admitted in Trinity Sittings, 1913, and
practised under the style of Messrs. Marcus A.
Lynch & Son, at 12 Lr. Ormond Quay, Dublin.
Mr. Francis J. Gearty, Solicitor, died on the 24th
September, 1959, at the Mater Private Nursing
Home, Dublin.
Mr. Gearty served his apprenticeship with the
late Mr. Thomas W. Delany, Longford, was admitted
in Michaelmas Sittings, 1937, and practised under the
style of Messrs. F. J. Gearty & Co. at Longford.
He was a member of the Council of the Society from
1947 to 1957 and was a Vice-President for the year
1950/51.
District Justice Francis J. MacCabe died on the
18th October, 1959, at his residence, Park Lodge,
Waterford.
Mr. MacCabe served his apprenticeship with the
late Mr. William J. Fegan, Cavan, was admitted in
Trinity Sittings, 1917, and practised at Manor-
hamilton, Co. Leitrim until his appointment as
District Justice in 1924.
Mr. Donal McClement, Solicitor, died on the ist
October, 1959, at Sydney, Australia.
Mr. McClement served his apprenticeship with the
late Mr. Frederick L. Blake, 27 Marlboro' Street,
Cork, was admitted in Easter Sittings, 1936, and
practised under the style of Messrs. J. C. & A.
Blake at 27 Marlboro' Street, Cork.
Mr. Robert E. Felton, Solicitor, died on the 25th
October, 1959, at his residence, 34 Belgrave Road,
Monkstown, Co. Dublin.
Mr. Felton served his apprenticeship with the late
Mr. Edward Felton, 18 Eustace Street, Dublin, was
admitted in Hilary Sittings, 1923, and practised
under the style of Messrs. Molloy, Fayle & Co., at
18 Eustace Street, Dublin.
Mr. John Jermyn, Solicitor, died on the yth
November, 1959, at South Infirmary, Cork.
Mr. Jermyn was admitted in Trinity Sittings, 1891,
and practised as senior partner in the firm of Messrs.
Gregg, Jermyn & Son, at 67 South Mall, Cork.
Mr. John L. Burke, Solicitor, died on the loth'
November, 1959, at his residence, 12 Rostrevor
Terrace, Rathgar, Dublin.
Mr. Burke served his apprenticeship with the late
Mr. James L. Burke, 26 Bachelor's Walk, Dublin,
was admitted in Trinity Sittings, 1914, and practised
under the style of Messrs. James L. Burke & Co.,
at 63 Upr. O'Connell Street, Dublin.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Issue of Duplicate Land Certificate
APPLICATIONS have been received from the registered
owners mentioned in the Schedule annexed hereto,
for the issue of Cestificates of Title in substitution for
the original Certificates issued in respect of the lands
49