The Gazette 1964/67

memorandum and that the matter should remain

Correspondence without prejudice. With-

on the Council agenda for continuous consideration,

drawal of offer

Road Traffic prosecutions, costs

The Council considered a report from a committee

on a matter in which an insurance company refused

to pay the minimum fees recommended by the

Society for the defence of road traffic prosecutions

and furnishing a report. It was decided to inform the

local Bar Association that the solicitor for an insured

person whose costs are paid wholly or in part is not

obliged to furnish a report to the insurance company

and that the proper course would be to stipulate

for payment of the proper fee by the insurance

company before agreeing to furnish a report.

Mining lease and way leave

A mining lease was granted for a period of three

years at a fixed rent of £20 per annum plus a royalty

of i/- per to non the minerals taken. The lessors

also granted to the same lessees a wayleave by

licence for two years at a fixed yearly rent of

£10. On a report from a committee the Council

stated that the higher commission scale fee under

Schedule I part 2 S.R.G.O. 1884-1960 is chargeable

separately for

(a)

the mining lease for three years

and (&) the wayleave granted by way of licence.

Where a varying rent is payable the commission

scale fee is chargeable on the largest amount of

annual rent. If it is possible to ascertain the largest

amount of royalty payable in one year it can be added

to the fixed rent of £20 for the purpose of charging

the commission scale fee on the lease.

Sale through the Court. Purchase of part by

vendor

The vendor of property sold through the Court

was the owner of two thirds of the property as

tenant in common. The property was sold by public

auction for £3,500 the vendor buying in the whole

by public auction. The order directed payment of

£3,500 into Court. The Council on a report from a

committee stated that the commission scale fee was

chargeable on the whole £3,500.

Costs of leases

By direction of the Council a letter was written

to the Department of Justice suggesting that in any

legislation introduced on the report of the Ground

Rents Commission should contain provisions similar

to the English Costs of Leases Act 1958 providing

that in the absence of stipulation to the contrary a

lessee should not be under any obligation to pay the

lessor's costs of negotiating and granting the lease.

Correspondence conducted without prejudice

between the solicitor for the plaintiff and the solicitor

for the defendant's insurers contained a number of

offers and counter-offers. Eventually the solicitor for

the insurance company wrote an open letter stating

that the insurance company was not prepared to pay

the figure mentioned in the last letter from the

plaintiff's solicitors and asked for a consent to filing

a late defence.

This was followed by later cor

respondence in which the plaintiff's solicitor stated

that his client was willing to accept the original sum

offered for the defendants with costs, subject to the

approval of the Judge. At that stage the defendant's

solicitor stated that as advised in previous correspon

dence die original without prejudice offer had been

withdrawn. The matter was submitted for arbitration

by the Council. The Council on a report from a

committee stated that once the provisional offer was

refused the matter was closed and that there was no

necessity

for

any

further withdrawal by

the

defendant's solicitors.

WITNESSES' EXPENSES: OBLIGATION

OF SOLICITOR

A solicitor does not incur personal legal liability

for witnesses' (e.g., medical practitioners', archi

tects', engineers', accountants' and photographers'),

fees or expenses when contracting an agent for a

disclosed principal unless he gives an express or

implied personal undertaking.

Nevertheless the

Council consider in the interests of the reputation

of the profession and in fairness to the witness a

solicitor who engages such witnesses should in all

cases endeavour to see that the proper amount of

their fees and expenses are paid in full. The Council

have received complaints from medical and other

experts that this was not done and it has been stated

that in a few cases the solicitor concerned did not

even notify the medical practitioner of the result of

the case. In the interests of good relations between

solicitors and other professions the Council advise

members that at the outset of the case the client

should be informed of his personal liability for expert

witnesses' fees and of the possibility that in the event

of success the amount of the fees allowed in the party

and party bill may be less than the full amount

claimed by the witnesses, and that in such event the

client may be personally liable for the balance.

the client will not discharge the amount, or authorise

the solicitor to do so out of the damages or com

pensation the professional witness should be advised

of the position immediately.