The Gazette 1958-61

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

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

the Dublin

Solicitors' Bar Association for a report.

SALE

LEASEHOLD

PROPERTY.

NOTICE OF ASSIGNMENT TO OWNER

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

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