The Gazette 1961 - 64

Maher, J. R. C. Green. Operation of the Courts: R. J. Walker, R. McD. Taylor. Law of Evidence : T. A. O'Reilly, Peter E. O'Connell. Civil Liability for Animals: W. A. Tormey, Desmond Moran. Criminal Law: Gerald Goldberg, Herman Good. Examination results The report of the Court of Examiners on the results of the preliminary and first and second Irish examinations was adopted and the results declared. Brandaris Insurance Company Limited The Council considered a communication received from the English Law Society on the above company which is now in liquidation. Members were notified by means of a circular sent with the last issue of THE GAZETTE of the fact that this company was in liquidation and were asked to communicate with the Society for advice if they found themselves involved in claims against persons insured by the company. The Motor Insurers Bureau of 107 Cheapside, London E.G. 2., appear to be the body responsible under their agreement with the British Government for liabilities on policies issued by the Brandaris Insurance Co., Ltd. for compulsorily insurable risks. A solicitor acting for a client who has a claim against a person insured by the company should bear in mind the possible interest of the Motor Insurers Bureau in the matter and that notice should be given to the Bureau in sufficient time to enable it to consider its position, certainly before judgment is signed in default or otherwise. It is understood that according to the strict terms of the agreement between the British Minister for Transport and the Motor Insurers Bureau notice of the intention of bringing pro ceedings must be given to the Bureau before or within twenty-one days after the commencement of the proceedings, but that strict application of the time limit will not be insisted upon. The Bureau will meet the costs involved only where these are not discharged by the defendant, and the plaintiff will be required to assign the judgment to the Bureau who will be at liberty to prove in liquidation of the company. If the claim is in respect of a head of damage which is not compulsorily insurable the solicitor acting for the claimant may have to consider the financial standing of the defendant as the Bureau may not be liable in such an event. It is not known whether the Brandaris Insurance Co., Ltd. were members of the Irish Motor Insurers Bureau who have a similar agreement with the Minister for Local Government. The address of the Irish Motor Insurers Bureau is 4 Eustace Street, Dublin 2, and it is advisable, to be on the safe side, to give notice to both Bureaus. Copies of the Irish agreement may be obtained from the Department of Local Govern­

ment, the Motor Insurers Bureau or the Government Publications Office.

SPECIAL GENERAL MEETING A special general meeting of the Society was held in the Society's library on Friday, 9th March, 1962, at 2.30 o'clock. The President took the chair. The meeting was summoned for further considera tion of the question of a regulation under section 71 of the Solicitors Act, 1954, prohibiting or restricting solicitors from acting for both parties in convey ancing matters. The notice convening the meeting was by per mission of the meeting taken as read. The following draft regulation was circulated for the consideration of the members present: Where property is advertised for sale by pubL. auction neither the solicitor nor the vendor nor his partner or assistant shall act for the purchaser of such property in connection with the purchase thereof contracted before auction, at the auction or within six months after the auction and the purchaser shall be bona fide represented by an independent solicitor. The PRESIDENT opened the discussion and explained the effect of the proposed regulation. He stated that there is a difference of opinion in the profession as to whether or not such a regulation should be made. The matter had been considered by the Council who were in favour of making a rule but not necessarily unanimously. Some individual members of the Council expressed the views of Bar Associa tions. There were strong views on each side in the Bar Associations and the Council had decided to submit the matter to a further general meeting with a view to ascertaining the profession's opinion on the matter. They requested members to speak to the rule as drafted and circulated. There were four principal arguments in favour of such a regulation. Firstly, no man can serve two masters and there is always a possible conflict of interest in conveyancing matters even in cases where the equity note has been discharged. The premiums charged by insurance companies on solicitors profession's negligence policies have in the recent past been sharply increased and it was felt that the practice of acting for both parties might give rise to added risk. Secondly there was the question of price-cut conveyancing because where a solicitor acts for both parties his client invariably expects to get a reduction even although the solicitor's responsibility is doubled. Thirdly there was the question of unfair attraction of business by solicitors and fourthly the question of touting by auctioneers. One of the principal objections to acting for both parties is that auctioneers conducting auctions in many cases try to attract the purchaser to the vendor's solicitor. The points advanced against the regulations were firstly that it would be an undue interference with solicitors private business and secondly that a solicitor who must send away one client to another solicitor is in danger of losing that client permanently. This would apply particularly in a small town or village where there is only one permanent resident solicitor who would of necessity have to send one party to a conveyancing transaction to another town. The President stated that the Council would consider the matter in the light of any opinions expressed at the meeting and would not introduce a rule without a postal ballot. He pointed out that