114 / 364
Further, his lordship thought that there was also
an implied agreement that the action should be
brought to an end in the cheapest and quickest way
which was by a summons and order in the Tomlin
form, so that if any difficulties arose it would be
unnecessary to start a fresh action.
He would
dismiss the appeal.
(McCallum
v.
Country Residences, Ltd.
The
Solicitors' Journal (Vol.
109), p. 294).
LIBRARY ACQUISITIONS
SUPPLEMENTARY LIST TO I5TH MAY, 1965
Anson, J.—
Law of Contract,
22nd Edn., 1964; All
England Law Reports—
Index and Nofer-Up,
1964;
Current Lan> Citator—
1947 to 1964 ;
Current Law
Yearbook—
1964 ;
Hatvkins and R)>der on the Construction
of Wills,
1965, being the 4th Edn. of Hawkins ;
Josling, J. F.—
Adoption of Children,
6th Edn., 1965 ;
Law Quarterly Review—
Index to Vols.
1-80, Ed.
Allsopp, 1965 ; McNair Lord—
The Law of the Air,
3rd Edn., 1964;
Park, W. D.—
Hire-Purchase and
Credit Sales,
4th Edn., 1965 ;
Scottish Council of
Law Reporting—
Annual Digest of Decisions in Scots
Cases—
1961-62 ;
Stroud, F.—
Judicial Dictionary,
Second Supplement
to Third Edition,
1965 ;
Wheatcroft, G. S., ed.:—
'Estate and Gift Taxation—
A comparative Study—
1965 ;
Wilkinson, G. S.—
Affiliation Law andPractice,
Second Edition, 1965.
MEETINGS OF THE COUNCIL
APRIL 29x11: The President in the chair, also present
Messrs. Ralph J. Walker, Thomas A. O'Reilly,
Thomas J. Fitzpatrick, Patrick O'Donnell, Francis
Armstrong, Augustus Cullen, William A. Osborne,
Rory O'Connor, Daniel J. O'Connor, Robert McD.
Taylor, Francis J. Lanigan, Niall S. Gaffney, Thomas
O'Donnell, Desmond J. Collins, James R. Green,
Desmond Moran, George G. Overend, John
Carrigan, George A. Nolan, James W. O'Donovan,
John B. Jermyn, Gerald Y. Goldberg, Reginald J.
Nolan, Thomas V. O'Connor, Eunan McCarron,
Thomas H. Bacon, Gerard M. Doyle, Peter E.
O'Connell, Patrick Noonan.
The following was among the business transacted :
Trade Mark Agency
It was decided to reconsider the question of the
propriety of the use of the description " Trade
Mark Agent" on a solicitors' stationery mentioned
in the Society's Gazette, March 1965, and the matter
was referred back to a committee for further con
sideration and report.
Army Legal Service
It was decided that the Society should represent
members of the profession in the Army Legal
service on the presentation of a pay claim to the
Department of Defence.
Gross Sum Agreement. Contentious Business
Member acted for the claimant in an accident case
which was settled for an agreed sum and costs after
the institution of proceedings. Member had agreed
the solicitor and client costs with the client at a sum
°f £43 5 s - °d- The party and party costs paid by the
defendant amounted to £38. Member received the
damages and costs and by agreement with the client
deducted the agreed solicitor and own client costs
from the sum received and forwarded the balance to
the client. The client subsequently wrote to member
stating that he required a detailed solicitor and client
bill. The Council on a report from a committee
stated that having regard to the provisions of the
Attorneys and Solicitors Act, 1870 acceptance by
member of part of the costs before the agreement
had been approved by Taxing Master invalidated the
gross sum agreement and the client was entitled to
have the costs drawn and taxed in the ordinary way.
The position would have been otherwise if the
business were non-contentious as in that case the
position would have been regulated by section 8 of
the Solicitors Remuneration Act, 1881 which does
not require an antecedent approval of the agree
ment before receipt by the solicitor of any amount
payable thereunder.
Solicitor-trustee. Costs
Member acted as one of the trustees of certain
diocesan property. He received instructions to act
for the trustees in the sale of this property and also
of other diocesan property of which he was not
trustee. He asked for guidance as to the position
regarding the costs. The Council on a report from a
committee stated that neither member nor his firm
would be entitled to charge profit costs but the
trustee-solicitor could appoint his partner to act
with the consent of the other trustees and that
solicitor would be entitled to charge the ordinary
profit costs provided that the solicitor-trustee is
precluded by the contract from receiving or sharing
in the costs. The agreement must be in existence
before the work is undertaken. The Council ex
pressed no opinion on the question whether the
costs of the whole sale could be apportioned between
the two properties for the purpose of charge.
Advertising
A firm of solicitors acted as agents for a publishing
firm and issued correspondence on printed notepaper
10