The Gazette 1944-46

November 1945

Vol. 39 No. S

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

^ice-Presidents: WILLIAM S. HUGGARD HUGH p. O'DONNELL

Secretary:

President: PATRICK F. O'REILLY

PLUNKETT

A.

ERIC

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL. OCTOBER 5th. The President in the chair. Present: Messrs. Hugh O'Donnell, Vice-President; P. R. Boyd, C. G. Stapleton, D. O'Connell, J. R. Quirke, W. J. Norman, E. M. FitzGerald, J. S. O'Connor, R. Greene, A. Cox, S. 6 hUadhaigh, J. T. Wolfe, J. J. Smyth, J. P. Carrigan, W. S. Hayes, H. P. Mayne, J. B. Hamill, J. J. Lynch. Mr. A. E. Bradley, deed. THE Council passed in silence a vote of condolence with the relatives of the late Mr. Arthur E. Bradley who was a member of the Council from 1905 to 1921 and a former President of the Society. Costs Query. THE Council considered a report from a Committee on the following query: "Acting for an unsuccess ful Plaintiff in a Circuit Court action we were duly summoned to attend before the County Registrar to oppose the taxation of the Defendant's costs. The County Registrar, as Taxing Master, allowed

us a fee and same was added to Defendant's bill and the bill then certified by the County Regis trar. Defendant's solicitor contends that he will only pay our fee on payment of his bill of costs by our client. We maintain that our fee for opposing the Defendant's costs should have been discharged before the bill had been certified as is the case on the taxation of costs in the High Court." The Committee reported that it is not the ordinary practice of the Taxing Master of the- High Court, on party and party Taxations, to add to the bill of costs being taxed, the opposing solicitor's fee for attending the taxation. In the opinion of the Committee, on the facts before it, in the absence of an undertaking by the solicitor taxing the costs that he would pay the opposing solicitor's fee in any event there was no obligation on him to pay this fee until he should have re ceived the amount of the certified costs from the unsuccessful plaintiff. The Council adopted the report. Irish Legal Terms Act, 1945. THE Secretary read a letter from the Department 41