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Conflict of Interest
Member was consulted by AB, who was not a
regular client of his, as to AB's rights against a
tenant CD. AB's usual solicitor was unwilling to
act as CD was also a client of his. Member gave certain
advice as to the operation of the Rent Restrictions
Act 1960, a case was sent to counsel and AB paid the
costs and counsel's fees. The tenant CD subsequently
consulted member and wished to instruct him to
defend an ejectment civil bill served on behalf of AB
by another local solicitor. Member considered that
there was no reason why he should not act for the
defendant as he was not in possession of any material
facts from AB which would prejudice him in any way.
The facts as given by the defendant CD were
identical with the instructions received from AB.
Member enquired whether he could act. The Council
on a report from a committee stated that member
should not act for the defendant.
APRIL ZOTH :
The President in the chair, also
present Messrs. George G. Overend, Desmond J.
Collins, John J. Nash, John R. Halpin, John J.
Sheil, George A. Nolan, Desmond Moran, Peter D.
M. Prentice, James R. C. Green, James J. O'Connor,
Thomas A. O'Reilly, D. B. Gilmore, T. V. O'Connor,
Reginald Nolan, William A. Tormey, Eunan
McCarron,
J. Bernard MacGarry, Francis
J.
Lanigan, Augustus Cullen, John Maher, Gerald Y.
Goldberg, Denis J. Quinlan, James W. O'Donovan,
Edmund Hayes, Peter E. O'Connell, Niall S.
Gaffney, Robert McD. Taylor.
The following was among the business transacted:
Commission Scale Fees on Granting of Leases
On further consideration of the report from the
committee printed at page 87 of the March Gazette.
It was resolved that special legislation should not be
sought at present altering the incidence of the costs
of leases between lessor and lessee but that if an
opportunity occurs in connection with any amend
ment to the present Landlord and Tenant Act the
Government should be asked to introduce legislation
for this purpose.
Registry of Deeds
Correspondence received from members on the
subject of delays in the Registry ofDeeds in supplying
negative
searches was
referred
to
the Dublin
Solicitors' Bar Association for a report.
SALE
OF
LEASEHOLD
PROPERTY.
NOTICE OF ASSIGNMENT TO OWNER
OF
LESSOR'S
INTEREST
A member who acts for a number of ground
landlords has written to the Society drawing attention
to the fact that in an appreciable number of cases
which have come to his notice the solicitor for the
vendor of leasehold property sold did not give
notice of assignment to the ground landlord or his
agent. This appears to have been due to oversight
on the part of the solicitors for the vendors of the
property. From the point of view of the vendor
failure to give such notice means that his liability for
rent and for performance and observance of the
covenants under the lease continues owing to the
neglect of his solicitor. From the point of view of
the ground landlord such failure to give notice gives
rise to considerable difficulty in ascertaining the
party to whom the premises has been assigned and
who should be responsible for the ground rent and
in ascertaining whether the property continues to be
properly insured. From the point of view of the
solicitor for the vendor the matter is important
because he may be held responsible in an action for
damages for negligence by his client.
ORDINARY GENERAL MEETING,
GALWAY
Members have already been advised of the
Society's week-end meeting at Galway, June znd-5th.
Forms of application have already been issued and
any member wishing to attend the meeting should
return the form to the society immediately with a
cheque for the appropriate remittance if he has not
already done so. Members are entitled to bring
guests. Members should make their own hotel
reservations direct.
SOLICITORS' GOLFING SOCIETY
A warm sunny Spring day graced the Outing of
the Solicitors' Golfing Societyo n the occasion of the
Captain's Prize at the very well-kept and picturesque
Course of Woodbrook Golf Club on Saturday,
22nd April, 1961.
The Captain, Mr. Michael T. Neary, presented for
competition some very fine Waterford Cut Glasses
and Wine Decanter and the Members paid him the
compliment of arranging one of the best attended
Outings
in
recent
times,
forty-two Members
returning Cards
This fine prize together with the
Incorporated Law Society's Challenge Cup, after a
tie between Messrs. E. J. Dillon and M. S. Matthews
(both i down) was won by Mr. E. J. Dillon on the
toss of a half sovereign (lent for the occasion by the
Captain of Woodbrook Golf Club); Mr. M. S.
Matthews, however, secured first Prize in the St.
Patrick's Plate Competition
Mr. David Bell, who also returned a score of i
down, did not figure in the tie as the other two
98