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Registered land. Costs of purchase of life
interest
AB the tenant in remainder of registered land
purchased the life interest of his mother CD for
the sum of
£2,000.
He was then registered as full
owner subject to equities and members enquired
whether the commission scale fee is applicable.
In a report from a committee it was stated that a
life interest in freehold registered land appears to be
property within the meaning of schedule i part i,
S.R.G.O., 1884 and rule 2 (i) of the Land Registra
tion Rules, 1959 and that accordingly a solicitor who,
on the instructions of the purchaser, investigates the
title of the vender of a life interest in freehold
registered land and completes the purchase, carrying
out the work specified in the general order would
appear to be entitled to charge the appropriate
commission under part VII of the Land Registration
Rules, 1959. The report is subject to confirmation.
Road Traffic Act.
Costs of defending
prosecution
The Council considered a report from a committee
on
correspondence between members
and
an
insurance company with reference to the recom
mended minimum charge of £5 55. od. for defending
proceedings under the Road Traffic Act on the
instructions of an insurance company. The company
undertook responsibility for members' fees but on
submission of the bill stated that they could not
accept the scale recommended by the Society.
It
was decided to take the matter up with the institute
or association of which the insurance company is
a member.
Change of solicitors. Apportionment of costs
AB took over the conduct of a case from CD and
on completion taxed a party and party bill against
the other side. The costs so taxed included the
costs in respect of the work done by CD.
The
whole amount of the party and party bill so taxed
was received by AB as solicitor for the plaintiff.
The solicitor and client costs due by the plaintiff to
AB in respect of the proceedings exceeded the
amount of the party and party costs for the work
included in the bill and the Council were asked for
their opinion as to whether
(a)
AB as solicitor
acting for the plaintiff on the notice of change of
solicitor and receiving the party and party costs
for the entire action is entitled to a lien on the costs
as money recovered for the plaintiff as a first charge
irrespective of any claim by the first solicitor on
record.
(&) Whether as a matter of professional
etiquette apart from the question of lien a solicitor
receiving
the entire bill
in such circumstances
should claim a first charge postponing the claim of
the first solicitor on the part of the bill relating to
the work done by the latter. A committee which
considered the facts reported under question
(b)
that AB should pay to CD the amount of the taxed
costs in the bill appropriate to CD's work. The
report is subject to confirmation.
Solicitor holding publican's licence
A member agreed to purchase premises in a
country town to which a six day liquor licence was
attached for the purpose of office premises.
He
proposed to sell the licence and asked the opinion of
the Council whether he would be entitled to take it
into his own name for the purpose of disposing of it.
The publican's business will not be conducted in the
premises after the completion of sale to member. The
Council on a report from a committee stated that
there was no professional objection to members
obtaining a transfer of the liquor licence for the
purpose of disposing of it as soon as possible.
Insurance agency in conjunction with
solicitor's practice
A member enquired whether he would be entitled
to circularise his clients to inform them that he
carries on an insurance agency in conjunction with
his practice. The Council stated that such a circular
would be open to objection.
SOCIETY'S DINNER DANCE
A dinner dance for members and their friends will
be held in the Shelbourne Rooms on Thursday,
November 24th, the date of the ordinary general
meeting. Further particulars will be published in
the Society's GAZETTE. Applications from members
will be dealt with in order of receipt. Members may
apply for tickets for themselves and their friends,
price £i 55. od., to include dinner and dance.
DUBLIN SOLICITORS' BAR
ASSOCIATION
A meeting of the Council was held on Wednesday,
6th July, 1960. The Sub-committee dealing with the
drafting of a standard form of Auction Particulars
and Conditions of Sale reported progress.
The President reported on the meeting between
representatives of the Association and of the Belfast
Solicitors' Association.
It was decided to request the Law Society to
reconsider the question of an alteration in the
period of the long vacation. The meeting noted
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