93 / 364
T. N. O'Meara, Thomas J. O'Reilly, lan A. Scott
(B.C.L.), John R. Sweeney.
31 candidates attended ; 20 passed.
COMMISSIONERS
OF
CHARITABLE
DONATIONS & BEQUESTS BOARD
MEETINGS
(Easter and Trinity Terms)
Tuesday
...
...
zjth
April,
1965
nth
May,
...
zjth
ijth
June,
...
29th
13th
July,
...
2 7 th
J. S. MARTIN, Secretary.
7th April, 1965.
THE EQUITABLE INSURANCE
COMPANY LIMITED—SOLICITORS
INDEMNITY AGAINST COSTS
The solicitors for the Official Liquidator have
informed the Society that in a recent application by
the Official Liquidator to The High Court (Mr.
Justice Kenny) entitled 1965 No. 318? it was
established
that
the undermentioned costs
are
properly payable out of the Insurance Compensation
Fund. Such costs will be paid in the first instance
under Court Order to the Official Liquidator under
Section 3
(i*)for transmission to the Policyholder.
(a)
Costs of Policyholder's solicitor incurred in
defending claim against the Policyholder where said
solicitor was nominated to represent Policyholder
by The Equitable Insurance Company Limited prior
to liquidation.
(b~)
Costs of Policyholder's Solicitor incurred in
defending a claim against a Policyholder where the
solicitor was instructed by the Policyholder to act
after the commencement of the Liquidation with the
consent of the Official Liquidator.
(c)
Costs of Policyholder's solicitor necessarily
and reasonably incurred in endeavouring to secure
payment for the Policyholder out of the Fund of the
amount due to him under the policy.
Costs in all or any of the said three categories
must be taxed if the Liquidator so requires.
It is understood that the claims against the Fund
are under consideration and that the necessary
applications to the Court for payment of the ap
propriate sums will be made in the near future.
Members please note that the Liquidator will make
payment in respect of damages and costs by way of
one cheque which will be payable to the policyholder.
Members ought to take such steps as are necessary
to protect their interests as although they will be
notified of payment of the amount to the Policy-
holder the cheques for the amount of the damages
and/or costs will be sent to the policyholders dierct.
As to the right of a solicitor to a charging order
for costs over property recovered or preserved for a
client see the Legal Practitioners (Ir.) Act, 1876
(Members' Handbook, page 171).
CASES OF THE MONTH
Grant of Probate—solicitor's estate
Where a deceased solicitor was at the time of his
death in practice, either in his own name or as a sole
solicitor under a firm name, the interests of his
former clients may be jeopardised if the persons
entitled to constitute themselves the solicitor's legal
personal representatives fail to apply for and obtain
a grant of representation in respect of his estate
within a reasonable time after the date of his death.
The court has power in the exercise of the discretion
conferred upon it by Section 162 of the Supreme
Court of Judicature (Consolidation) Act, 1925 (i),
as amended by Section 9 of the Administration of
Justice Act, 1928 (i), to make an order for a grant
in respect of the deceased's estate to issue to a
nominee or nominees of the Law Society. The grant
will be general or limited as
the court thinks
expedient in the circumstances.
In the first place the affidavit setting out the
grounds of the application must be submitted in
draft to a Registrar of the Principal Probate Registry.
The latter will thereupon give directions as to
whether the application may be made
ex parte
to
a registrar, without notice to any other persons, or
on summons to a Registrar, or in special circum
stances, a judge.
If the application is to be on summons, the
registrar will also direct upon whom the summons
is to be served. For this purpose the draft affidavit
should show who are the persons first entitled to
a general grant, so far as it has been practicable to
discover their identity within the time available, and
should also deal with the practicability of serving
them with a copy of the summons.
This practice note which appeared in (1965)
i All. E.R., p. 924 may be followed in this country
under Section 12 of the Administration of Estates
Act, 1959.
Solicitor taking secret profit
The decision in Phipps
v.
Boardman and Ors.
arrived at by Wilberforce J., in the Court of first
instance and reported in the Society's GAZETTE for
Aug.-Sept. 1964 at page 30 was confirmed by the
Court of Appeal (Lord Denning M.R., Pearson