The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER 1995

The Society strongly disapproves of

apprentices carrying out duties in an

unsupervised manner, possibly to the

detriment of the clients concerned and

to the reputation of the profession at

large. Furthermore, without the

requisite level o f supervision and

training, the risks of claims against a

firm's Professional Indemnity

Insurance could be substantially

increased.

In addition members are also

reminded that it constitutes

discourteous and unprofessional

behaviour to send an apprentice to

close a sale without the consent of

one 's colleague on the other side of

the transaction. This is the case even

if the apprentice is in the latter stages

o f his/her training.

Education Committee

Education AdvisoryCommittee

Conveyancing Committee

Particulars Delivered (P.D.)

Forms

All solicitors' offices recently have

been furnished by the Revenue

Commissioners with a specimen

supply of the new Particulars

Delivered (P.D.) forms which will

c ome into operation on 1 st September

I 1995 together with a helpful

explanatory memorandum. It is

hoped that practitioners will find the

new forms convenient and

user-friendly.

The Conveyancing Committee

strongly recommends that henceforth

practitioners themselves should not

complete the new P.D. forms which,

inter alia,

require details of tax

! reference numbers of the parties

involved in conveyancing transactions

to be furnished but should ensure that

the forms are signed by the parties

themselves. It is the unanimous view

o f the Committee that, in their own

interests, practitioners should not

assume the responsibility of

completing the new Particulars

Delivered Forms.

Conveyancing Committee

232

Information Returns -

Personal Injury Awards

The Finance Act 1992 Part 7

introduced automatic reporting

requirements for traders,

professionals, agents and other

relevant persons as defined. A

Statement of Practice was issued by

the Revenue Commissioners on the 28

October 1992 (SP-IT1/1992).

j Modifications of these reporting

I requirements for Solicitors were

i summarised in Tax Practice Notes

volume 1 issue 2 (August ' 9 3 ).

The Revenue Statement of Practice

clarifies the reporting obligations

I applying to the specified categories of

persons. Under the category "persons

in receipt of income belonging to

others" it provides that Court

awards/settlements need only be

returned to the extent that they include

' specific non-capital amounts for loss

; of earnings or profits or other income

amounts. Following representations

I from the Law Society, the Revenue

Commissioners have since confirmed

that in personal injury cases, where an

award/settlement may include special

damages for past or future loss of

earnings, no information return is

required save and except in the

following circumstances.

1. Payments made without deduction of

tax under a loss of profits/

emoluments insurance policy.

For example:

• an insurance policy taken out by an

employer to provide against an

obligation to pay compensation on

sickness, injury or death of an

employee or against the employer's

general liability to pay

compensation for occupational

injuries;

• a policy taken out by an employer

which insures against loss of profits

consequent upon the sickness, •

accident or death of an employee;

• a policy of insurance taken out by

an employee or self-employed

individual which provides for

continuing benefit (whether or not

capable of being commuted) during

disablement through accident or

sickness;

• a sick pay scheme/arrangement or

Trust Deed which provides for

continuing benefit (whether or not

capable of being commuted) during

sickness or disablement through

accident or sickness;

• permanent health insurance policy

taken out by an employee or self-

employed individual.

2. Structured settlements where the

payments constitute annuities or

annual payments which have not

already been subjected to deduction

of tax when received. This would

only apply in the (rare) event that the

Court, in lieu of a lump sum, awarded

an annual income for life or during

disability.

3. To the extent that there is yearly

interest, interest on the award or part

o f the award or interest for late

payment (only the interest element

need be returned and again only if it

exceeds £ 5 0 0 . 00 in a year).

I Taxation Committee

Discovery - Releasing Copy

Documentation

Notwithstanding that the Rules of the

j Superior Courts do not oblige

solicitors to furnish copies of

documents which are the subject of

Discovery, it is recommended that

solicitors, upon being requested to do

so, should furnish copies of Discovery

documentation on a reciprocal basis

upon payment of a reasonable

photocopying fee.

There will be cases where this may

not be possible because of the volume

o f documentation involved. In those

cases, this general recommendation

will not apply but solicitors are urged

i to deal with their colleagues in such

' cases on a reasonable basis. Where

i documentation is being furnished, it

should be presented in chronological

or some otherwise reasonable order.

Litigation Committee