The Gazette 1949-1952

ACQUISITION OF LAND—OWNER’S COSTS OF ARBITRATION PRO­ CEEDINGS T he Council have submitted the following state­ ment to the arbitrator appointed under the above mentioned Act. Solicitors who are concerned in arbitrations should prepare their costs on the lines indicated in the statement. In any case of unusual difficulty it would be advisable for the solicitor appearing for the owner to have particulars of his costs ready for submission to the arbitrator at the conclusion o f the proceedings. While the costs of showing title do not arise at the arbitration stage, and are not a matter for the arbitrator, never­ theless, in appropriate cases, the costs o f examining leases, rentals and other documents necessary to ascertain the interest being acquired are properly allowable as part o f the costs of preparing the case for compensation. 1. When land, or house property, is acquired compulsorily by a local authority, the com­ pensation being assessed under the Acquisition of Land (Assessment o f Compensation Act), 1919, it is proper that the owner should be fully indemnified by the local authority in respect of the costs which he is liable to pay to his own solicitor in connection with the assessment o f compensation. These costs comprise the preparation of the case for the arbitration and the presentation o f the case at the arbitration. It seems clear from Section 5, o f the Act, particularly subsection (1) that the arbitrator has power to order that the acquiring authority shall pay all the owner’s costs. 2. In accordance with the terms of Section 5, owners whose property is being acquired should be paid the amount o f their costs o f preparing the case for the arbitration and all proper disbursements made by the solicitor. 3. In addition to the costs mentioned in paragraph 2, the solicitor for the owner, appearing at the arbitration, should be allowed a fee of four guineas as a minimum fee for the actual appearance where he is required to travel outside his own town, and three guineas in any other case. 4. The Council o f this Society agree that in normal cases which do not present any exceptional difficulty in provincial towns, it is a matter for the arbitrator to say whether or nor counsel’s fee should be allowed, if counsel is briefed.

5. I f any dispute arises between the acquiring authority and the owner as to the costs to be allowed, the owner should be entitled to have the costs referred to the Taxing Master. 6. The question of valuers’ fees is not one which directly concerns the solicitors’ profession, but it would seem that the services o f a competent valuer are usually necessary, and that the valuer’s fee should be allowed. The fee to be allowed should be whatever amount the owner would be legally obliged to pay to the valuer for his services. Department of Local Government to the Society I am directed by the Minister for Local Government to acknowledge receipt of your letter o f the 7th instant, about the salary scale offered for the position of whole-time Law Agent to local authorities. The memorandum enclosed with your letter reiterates the points made by the deputation from the Society received in the Department on 2nd, ultimo. A full report of the representations o f the deputation was placed before the Minister who carefully considered it before directing the issue o f the Department’s letter o f the 15 th, ultimo. The views expressed to the Society in that letter accordingly represent the Minister’s policy or current appointments. The Minister will be prepares to consider any further representations which the Society may seem fit to make in connection with any further appointments of this kind which may be proposed in the future. Reply to above dated 4th February, 1950 :— I received your letter dated 18 th January and brought it before the Council of this Society. I am to say that the Council take note of the last sentence o f your letter, which states that the Minister will consider further representations from the Society in connection with future appointments, and that it is assumed that before the terms o f such appoint­ ments are advertised, the Department will invite the views o f the Council regarding them. With regard to the appointments recently advertised, the Council adhere to the view expressed in the memorandum submitted to the Department on 7th January and they hope that their submissions 47 COUNTY SOLICITORS C opy of letter dated 18th January, 1950, from the