216 / 264
GAZE1TE
DECEMBER1977
negligence. If, however, the Builder sold the house to the
viewer and the plaster were then to fall on the head of the
viewer/purchaser, "caveat emptor" would apply and the
Builder could escape the consequences of his negligence.
Professor McMahon also referred to the present highly
undesirable situation in the Housing Industry in which
Builder/Vendors are only too prone to adopt a "take it or
leave it" attitude, with regard to their houses and their
legal documentation, leaving the prospective purchaser
with no manoeuvrability whatsoever.
In the general discussion which followed, Mr. Greene
said that the I.H.B.F. was aware that its Scheme did not
go as far as it might, but he felt that it was preferable to
start with a somewhat limited proposal, which was
capable of proper implementation, than to attempt a very
much wider ranging Scheme which might be impossible to
administer.
A number of questioners raised the problem of what
constitutes a "structural defect" and pointed clearly to
the desirability of reaching some common agreement, by
Statute, if necessary, on this present vexed question.
It was, perhaps, regrettable that so much of the evening
was spent discussing the somewhat narrow question of
the building and sale of new houses. It must surely be the
experience of the profession that very considerable
problems can arise through the defective building of
extensions, garages, garden sheds etc, none of which
come within the ambit of the I.H.B.F. Scheme.
In addition, the Law Reform Commission's publication
covers the duties owed by Vendors and Lessors in general
towards their purchasers and lessees and towards their
servants, agents and invitees.
However, notwithstanding the fact that little mention
was made of the more general aspects of the
Commission's proposals, the evening was most useful, if
only for clarifying the nature of some of the present
problems and bringing to the attention of a wider audience
the Law Reform Commission's attempt to improve the
position.
WATER COLOUR PAINTING
At a simple ceremony at the Kings Hospital, Blackhall
Place on Wednesday 7th September 1977, the
Association had the pleasure of hanging a water colour
painting of the Kings Hospital. The painting by Ralph
Duck, views the buildings from the far side of the open
ground opposite the front gate.
The painting was acquired some years ago on the
suggestion of a past President, Mr. Eunan McCarron,
with the hope that it might ultimately be displayed in the
Kings Hospital premises.
The painting now hangs in the North Consultation
Room, thoughtfully provided, as Mr. John Hooper,
President, remarked with a goodly collection Of books!
Amongst those present were Mr. Jim Ivers on behalf of
the Incorporated Law Society and a number of past
Presidents of the Bar Association, as well as the present
Council.
The Incorporated Law Society kindly makes the North
Consultation Room available to the Bar Association for
its monthly meetings.
COURT PRACTICE AND PROCEDURE
This sub-committee of the Association has been
pursuing actively the possibility of easing the Solicitor's
burden with regard to practice in the Dublin Circuit
Court. Of particular concern are the problems of
Malicious Injuries Applications and of the accummulated
back-log of pending cases in the Civil List.
With regard to delays in the Civil List, Mr. John
Hooper met the President of the Circuit Court some
months ago, who said that the hoped that the back-log of
pending cases would be substantially reduced by the end of
September 1977. Mr. Hooper andMr. StephenMaher duly
met the President on 7th December, 1977, when it was
reported that arrears in the Criminal List had been reduced
to less than 400 cases, but that this had necessitated the
working of 44 extra days. The President expressed his
concern at continuing arrears of both criminal and civil
cases and said that extra Judges and accommodation had
already been requested.
The sub-committee has tackled even more vigorously
the matter of the Malicious Injuries Code and has gone so
far as to prepare a radical Memorandum, proposing
substantive changes in the whole procedure. The sub-
committee's Memorandum will be circulated in due
course, for general consideration, as the issues involved
are so large that as many views as possible should be
sought before the Association makes its submissions to
"Higher Authority".
OFFICE MANAGEMENT, COSTING AND
ACCOUNTING
The Association's Activities Sub-Committee is
endeavouring to arrange a one-day Seminar on the
general subject of running a professional office in these
days of ever increasing overheads and narrowing profit
margins. Particular emphasis will be laid on the question
of "Time Costing" which clearly will assume greater and
greater importance as the professional's problems
increase. There is a limit to the number of hours which the
normal mortal can work in any period of 365 days and
already it seems clear that, having regard to the level of
overheads, a considerable number of Solicitors are not
earning a sufficient sum per hour to provide themselves
with an acceptable annual income. If conveyancing scale
fees are to be abolished, the problem will become even
more acute.
The Seminar should be of great practical assistance to
the profession and the Bar Association hopes that
practitioners will attend from all parts of the Country.
There's nothing sectarian about the Dublin Solicitors' Bar
Association.
Two eminent lecturers from England have been invited
to speak and it is hoped that an Irish practitioner will
contribute a session on financial control and office
management in the Irish context.
The Seminar will take place on Friday, 20th January,
1978, at the Royal Marine Hotel, Dun Laoghaire.
Application Forms will be circualted shortly.
INTENDING APPRENTICES
The Association receives from time to time
applications from intending apprentices seeking masters.
Any Dublin practitioners seeking apprentices are
invited to write to the Association's Secretary requesting
particulars of recent applications.
181