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Agreement was reached between the Department
and the Society's representatives. It was decided that
the scale of costs will now be submitted to the Circuit
Court Rules Committee.
Compensation Fund
Claims amounting to £9,810 were admitted for
payment.
Road Traffic Prosecution Costs
In reply to an enquiry as to whether a solicitor who
defends a charge for dangerous and drunken driving
is entitled to charge
£-j
ys. for each summons, the
Council stated that the case of a double charge of
dangerous and drunken driving is covered by the
statement in the circular recently issued that the fee
of
£j js.
is a minimum fee and that appropriate
additional fees should be charged for cases of special
responsibility or difficulty.
A case of drunken
driving falls within this description and is not
included in the minimum fee of
£-/
75. An appropriate
additional fee should be charged.
Client's access to solicitors' stationery
A member enquired whether he might act for
clients in debt collection matters on terms that a
supply of his stationery would be used by the client
for preparing letters of application which would be
carefully checked and signed by the solicitor before
mailing. On a report from the committee the Council
stated that they would not approve of the suggested
arrangement whereby the client should have access
to the solicitor's professional stationery.
MAY I4TH : The President in the chair, also present,
Messrs. Francis J. Lanigan, John Carrigan, James
W. O'Donovan, D. B. Gilmore, R. A. French,
Edward J. Dillon, Gerard M. Doyle, Thomas H.
Bacon, Peter E. O'Connell, R. Knight, James R. C.
Green, Brendan A. McGrath, Eunan McCarron,
Peter D. M. Prentice, John J. Nash, R. McD. Taylor,
Joseph P. Black, John Maher, Ralph J. Walker,
Desmond Moran, Patrick Noonan, and Augustus
Cullen.
The following was among the business transacted :
Medical Practitioners fees
The Council considered a report from a committee
on difficulties which arise where medical practi–
tioners, particularly those in the health authority
service, decline to furnish medical reports or attend
court as witnesses. It was decided that a letter should
be written to the Irish Medical Association asking
them to submit suggestions for an appropriate scale
of medical fees which could be submitted to the
Superior Court Rules Committee and the Circuit
Court Rules Committee and to invite them to discuss
with representatives of the Council the difficulties
which arise from the point of view of the client,
who wishes to institute proceedings whereby the
medical practitioner who attended him does not
furnish a report and give evidence.
Town Planning Searches
On a report from a committee the Council stated
that as a matter of practice no additional fee should
be charged over and above the commission scale fee
for searches and other work under theTown Planning
Act in connection with the sale or purchase of
property.
Workman's Compensation Agreement
On a report from the committee the Council
stated that there is no objection to the receipt by a
solicitor from the employer of a workman, of a sum
for costs mutually agreed where a claim is admitted
and weekly payments made thereafter without the
necessity of instituting proceedings.
Commissioners' Fees on Administration
Papers
On a report from a committee of the Council
stated that the fees now chargeable in administration
matters where a deceased dies intestate and there is
one administrator and two private sureties are as
follows :
1. Schedule of Assets
$s.
2.
Oath of Administrator 55.
3. Administration Bond (three parties) 155.
4. Justification (two sureties ics.)
5. Affidavit of market value 55.
Sale Lease
Members refer to the decision in Simms-Clarke
v.
Ilet Ltd., and ask the Council for their opionion as
to the point when the lease ceases to be a lease and
becomes a sale for the purpose of costs. The ratio
between the annual rent and the amount of the fine
varies within wide limits.
The Council in reply
stated that each case must be considered on its merits
having regard to the surrounding circumstances.
If there is a substantial fine the transaction is a sale.
If the parties agree in advance that the costs of the
lease containing the fine shall be paid by the lessee
the lessee is bound by the stipulation but the Council
disapprove of such stipulations in contracts (Hand–
book Opinion DR.24).
If the contract contains a stipulation obliging the
lessee to pay the lessor's costs the lessee is liable