The Gazette 1964/67

49 / 364

development and the retention of structures
which are unauthorised structures on ist
October, 1964.
(vii) S.I. No. 236 of 1964, the Local Government
(Planning and Development) Act, 1963,
(Exempted Development) Regulations, 1964,
prescribing classes of development which in
addition to those specified in'section 4 of the
Act are exempted development and which
may be carried out without Planning
Permission.
The above are available from the Government
Stationery Office, G.P.O. Arcade, Dublin i.
MISCONDUCT IN MISLEADING A
COLLEAGUE
The Divisional Court (Lord Chief Justice, Mr.
Justice Cassels and Ashworth, J.) dismissed an
appeal by a solicitor from the findings and order of
the Disciplinary Committee of the Law Society
whereby he was ordered to be suspended from
practice for one year. The committee found that the
solicitor had been guilty of breaches of the Solicitors'
Accounts Rules, and that he had been guilty of
conduct unbefitting a solicitor in misapplying mqney
held and received by him on behalf of clients. The
committee also found that the solicitor had been
guilty of conduct unbefitting a solicitor in making
a false statement to another solicitor in relation to a
professional matter in which he had a personal
financial interest and in utilizing funds of whichhe
was a trustee to make payments to himself and to a
co-trustee when he knew that the entitlement to
these payments was challenged.
The Lord Chief Justice in his judgment stated
(inter alia)—With regard to the breaches of
Accounts Rules it was right to say that there
no possible element of dishonesty, that no c
had lost a penny, that the deficiency had been
extinguished as soon as it was discovered, and that
there was always cash in the bank to cover it. None
theless, this Court had held and stated many times
that a breach of the Rules was a serious-matter and
if it were allowed to go on, public confidence in the
profession would be shaken. It was necessary to
take a very serious view of it, even where there had
been no moral turpitude.
(The Times, 4th February, 1960.)
STIPULATION AS TO COSTS
Members are referred to Opinion DR. 24 appearing
at page 238 of the Members' Handbook which states :
" The Council disapprove of a stipulation in a
contract for sale making the purchaser liable for
the vendor's costs whether the sale is effected by
way of conveyance or lease or by public auction
or private treaty in as much as it tends to suggest
to the purchaser to retain the vendor's solicitor."
In a recent case member stated that he acted for
a client who agreed to take a plot of ground for the
purpose of erecting a house thereon. The solicitor
acting for the lessor also acts for the builder and has
furnished member with a building contract which
contains a clause that the employer (i.e., member's
client) should be responsible for the builder's
solicitor's costs of the building contract. The clause
in the building contract read :
" The employer shall be liable for all legal costs
and expenses incurred by the builder in connection
with this contract and matters incidental thereto
including the costs of grant applications in
addition to the contract price herein stated."
The Council are of opinion that such a stipulation
is analogous to that contained in the previous
Opinion and accordingly Opinion DR. 24 is hereby
extended to include a building contract. The
Council disapprove of any stipulation which imposes
on the purchaser the builder's cost of the building
contract.
INTERNATIONAL LAW
The Republic of Ireland (Consequential Adaptation
of Enactment) Order, 1964 (No. 1200) (3d.), made
under the Irish Free State (Consequential Provisions)
Act, 1922 (13 Geo. 5, Sess. 2, c. 2), s. 6 ; came into
operation on August i, 1964. It enables warrants
issued in the Republic to be endorsed and executed
in Great Britain, the Channel Islands and Isle of
Man if transmitted to, and endorsed by, certain
specified Irish police officers.
LAND PURCHASE ACTS RULES, 1964
Members please note that the above rules issued
by the Irish Land Commission (S.I. No. 230 of 1964)
can be purchased from the Government Publications
Sales Office, G.P.O. Arcade, Dublin i, or from any
bookseller, price 2/6d. The rules are operative as
and from ist October, 1964. The rules amend the
provisional rules under the Land Purchase Act dated
jth February, 1924, with the object of simplifying
the existing procedure for obtaining allocation of
purchase moneys and other funds to credit in the
Land Commission. The rules also prescribe revised
scales for legal costs in such cases.
CASES OF THE MONTH
Transcript of evidence
To meet the urgent need of a would-be appellant
to have a transcript of the judgement against him in
order to consider whether to appeal, the original
transcript of the shorthand writer was submitted to
4J