The Gazette 1916-17

[AtGUST, 1916

The Gazette of the Incorporated Law Society of Ireland.

24

Solicitor is personally liable to the Irish Solicitor for the costs of such proceedings, and that there is also a recognised custom whereby the Irish Solicitor allows to the English Solicitor one-third of the profit costs of such proceedings. His Lordship referred the costs to taxation, and gave judgment in favour of the plaintiff for such sum as may be found due on taxation, less by one-third of the profit costs, and credit to be given for a sum of £20 paid on account. (See GAZETTE of June, 1915, p. 17.) The defendant appealed to the Divisional Court (Cherry, L.C.J., and Madden and Boyd, JJ.), and that Court reversed the judgment of Dodd, J., holding that the evidence did not establish custom, and that personal liability attached not to the defendant, but to his client, and gave judgment for the defendant. The plaintiff appealed, and the majority of the Court (Molony, L.J., dissenting) reversed the judgment of the Divisional Court, and restored the judgment of Mr. Justice Dodd with costs, in favour of the plaintiff, the ground of their decision being, apart from any question as to custom, that it was clear from the correspondence in the case it was to the English Solicitor, and not to the client, that the plaintiff gave credit. COURT OF APPEAL. (Before Sir Ignatius O'Brien, Bart., L.C. ; Ronan and Molony, L.JJ.) Tonge and Taggart, Ltd. v. Mulvey. April 4, 1916.— Costs — Half costs—Action for an account —" Action of contract," Order XV.—Order LXV., r. 3. This was an appeal from order of Barton, J., making no rule on plaintiff's motion to review taxation. The writ of summons in this action, issued 29th September, 1914, was endorsed with the following claims :—(1) For an account of all sums of money received by the defendant in the collection of certain debts and accounts which were given to the defendant by the plaintiffs for collection, which debts and accounts the defendant agreed to collect and hand over to the plaintiffs ; (2) payment to the plaintiffs of the amount found due;

Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or tmreported cases, oj interest to Solicitors, are invited from Members.) COURT OF APPEAL. (Before Sir Ignatius J. O'Brien, Bart., C.; Ronan and Molony, L.JJ.) Porter v. Kirtlan. June 26th, 191G.— English Solicitor instruct ing Irish Solicitor—-Agency — Liability of English Solicitor. This was an action brought by Mr. Robert J. Porter, Solicitor, of 1 Wellington Place, Belfast, against the defendant, who is an English Solicitor practising at Eastbourne, Sussex, to recover the amount due on foot of a bill of costs for work and labour done and money expended by the plaintiff at the request of the defendant. In the month of October, 1910, the defendant instructed the plaintiff to bring an action in the Irish King's Bench Division at the suit of Kyl FyreLtd., who were clients of the defendant's, against one Thomas Scott of Dublin. The said action was brought to trial, and resulted in a verdict for Kyl Fyre Ltd. on some of the counts, and for Thomas Scott on other counts, and the costs thereof were apportioned, one-fourth to Kyl Fyre Ltd., and three-fourths to Thomas Scott. On September 16th, 1914, the plaintiff furnished the defendant with a bill of costs in the action of Kyl Fyre Ltd. v. Scott shewing a balance due to the plaintiff of £102 15s. 8d., after- giving the defendant credit for a sum of £20 paid during the pro gress of said action. The plaintiff's claim . in the present action was accordingly for £102 15s. 8d., balance of an account due by defendant for professional services rendered and moneys expended by the plaintiff as a Solicitor in and about the business of the defendant and at his request. The action was tried before Mr. Justice Dodd, without a jury, on 14th May, 1915, and judgment was given for the plaintiff, the Judge holding upon the evidence that there is a recognised custom between English and Irish Solicitors whereby the English Solicitor who instructs an Irish Solicitor to act on behalf of a client of the English