The Gazette 1949-1952

Vol. 45 No. 9

March, 1952

THE GAZETTE of the INCORPORATED LAW SOC IETY OF IRELAND

President A rthur C ox

Vice-Presidents D esmond R. C ounahan li .. d . G erald J . O ’D onnell

Secretary E ric A . P lunkett

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL z ist F ebruary , 1952. The President in the Chair. Also present: Messrs. Desmond R. Counahan and Gerald J. O’Donnell, Vice-Presidents, Henry St. J . Blake, Francis J . Gearty, James R. Quirke, Derrick M. Martin, John R. Halpin, James J. O’Connor, John B. McCann, Ralph J. Walker, John Carrigan, Cornelius J . Daly, Patrick R. Boyd, Joseph Barrett, William J. Norman, Reginald J. Nolan, George G. Overend, Christopher E. Callan, Maurice M. Power, Niall S. Gaffney, Sean 0 hUadhaigh, John J. Sheil, Francis J. Lanigan, Thomas A. O’Reilly, Dermot P. Shaw, John J. Nash. The Council, standing in silence, passed a vote o f sympathy with the relatives o f the late Mr. William S. Huggard who was a member o f the Council from 1939 to the date o f his death and Vice-President for the year 1944-1943. The following was among the business trans­ acted :—

New member o f the Council T he President welcomed Mr. John B. McCann who came on the Council in place o f the late Mr. Daniel O’Connell. Costs where property is sold with goodwill T he Council were asked to express an opinion on the costs chargeable where a solicitor acts for a vendor in the sale o f premises, the purchase money being apportioned between the premises and good­ will. The question raised was whether the solicitor for the vendor is entitled to charge the scale fee on the entire purchase money being amount placed on the premises plus the amount set out for the goodwill. In the opinion o f the Council good­ will may be either (a) adherent goodwill, such as the goodwill o f a licensed premises, which attaches to the property, or ( b ) personal goodwill, such as the goodwill o f a solicitor’s practice which follows the owner. In Whiteman Smith Motor Company v. Chaplin (1934, 2 K.B.) Lord Justice Maugham described (a) as “ cat good­ 75