The Gazette 1958-61

i.e., they should be charged on the lower scale with

discretion to the solicitor to accept a lower fee where

justified.

(v) Differentiation between the fees of the lessor's

and lessee's solicitors is too great. Having regard

to the responsibility thrown on the lessee's solicitor

he should receive a fee equal to seventy five per cent,

of the lessor's solicitor's fee.

(vi) The new Schedule 2 giving the solicitor a

negotiation fee where he negotiates a lease will be

applied to registered land if the Land Registration

Rules Committee adopts the new Schedule 2.

(vii) At common law in the absence of a stipulation

to the contrary the lessee must pay the lessor's costs.

This does not apply to a transaction which is really

a sale effected by way of lease having regard to the

decision of Dixon, J. in Sims

Ilet Ltd. (1960

Calendar, page 576). The Committee are in favour

of a change in the law whereby the parties to any

lease should each pay their own costs. This could

be done only by legislation as has been done in

England.

The Department of Justice should be

asked at an appropriate time to seek legislation to

this effect.

(viii) The Committee are of opinion that the

question of increasing or altering the commission

rates should be postponed until the law has been

altered as recommended in paragraph (vii).

The Council having considered this report decided

that an application should be made in due course to

the Statutory Body under the Solicitors' Remunera

tion General Order, 1881 for a new Order consolidat

ing the Solicitors' Remuneration General Orders,

1884 to 1961 and including an amendment providing

that the commission scale fees for leases of un

registered land shall be the same as

those for

registered land. Consideration of the other matters

mentioned in the Committee's report was postponed

until such time as the law can be amended to provide

that the respective parties to any lease will each pay

their own costs.

Series of leases—reduced charges

A member who acts for a company engaged in the

construction of houses for employees was asked to

prepare a standard form of letting agreement. The

only matters to be inserted will be usual particulars

of the tenant's name, date of letting, amount of

rent, etc. He enquired whether he could charge

reduced fee. The Council stated that there would

be no objection to a reduced charge provided that

(i) Member

reserves

the

agreement and the right to charge extra fees

in any case where the work justifies it.

(ii) there should be separate instructions for each

agreement,

(iii) the reduced fees would be charged only in

respect of short leases or letting agreements.

COURTS (SUPPLEMENTAL

PROVISIONS) BILL, 1959

Section 45 of the Bill as introduced proposes to

abolish the present mode of address in Court to the

Chief Justice, Judges and the District Justices and

to substitute a form of address in the Irish language.

The following resolution passed by the General

Council of the Bar of Ireland was received by the

Council of the Society :

It is the opinion of the Council that the provisions

of Section 4 5 of the Courts (Supplemental Provisions)

Bill, 1959, as introduced are objectionable on the

grounds:—

1. That they are inconsistent with the Constitution

and in particular with the provisions of

Articles 8(2) and 34 thereof.

2. That they will unnecessarily interfere with the

traditional and established mode of address in

Court and inevitably tend to confusion and

loss of dignity.

3. Because they would impose an embarrassment

on the professions and the public involving

loss of dignity to the Courts and do a dis

service to

the advancement of the Irish

language and in any event would not be

capable of enforcement.

Further, the Council regret that such an

alteration as now proposed in the procedure

and usage of Court should have been

advocated without prior consultation with

the Bar.

By direction of the Council a letter was written to

the Department of Justice stating that the Council

of the Society support the resolution of the Bar and

further stating that in the opinion of the Council the

mode of address of the judges and other matters of

procedure should be laid down by the statutory

Rules Committees with which

the

judges are

associated and that it is wrong in principle that such

matters should be prescribed by direct statutory

enactment.

PROCEEDINGS

AGAINST

SOLICITORS

By Order made on

zjth

January, 1961 the Chief

Justice directed that the name of John B. Sullivan,

Solicitor of Mallow, County Cork, shall be struck off

the Roll on the ground that he had committed

misconduct as a solicitor.