The Gazette 1915-16

JUNE, 1915]

The Gazette of the Incorporated Law Society ol Ireland.

17

Recent Decision affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) KING'S BENCH DIVISION. (Before Docld, J., without a Jury.) Porter v. Kirtlan. May 14, 1915.— English Solicitor instructing Irish Solicitor—Agency—Custom. THIS was an action brought by Mr. Robert J. Porter, Solicitor, of 1 Wellington Place. Belfast, against the defendant, who is an English Solicitor, to recover the amount clue on foot of a bill of costs for work and labour done and money expended by the Plaintiff at the request of the defendant. The defendant instructed the plaintiff to take proceedings in the Irish Courts at the suit of a client of the defendant resident in England. The plaintiff carried out the defendant's instructions, and incurred costs both as between party and party and Solicitor and client which were not recoverable from the persons in Ireland against whom the pro ceedings had been brought. The plaintiff furnished particulars of these costs to the defendant, and claimed payment of the amount from him. There had been no agreement between plaintiff and defendant as to costs. Upon behalf of the plaintiff evidence was given by Sir John Lj'nch, Mr. W. S. Hayes and Mr. R. Blair White, Solicitors, of a recognised custom as between English and Irish Solicitors, that when an English Solicitor instructs an Irish Solicitor to take proceedings on behalf of a client of the English Solicitor, in the absence of an agree ment to the contrary, the English Solicitor is liable to the Irish Solicitor for the costs incurred by the Irish Solicitor as a result of his instructions, and of a recognised custom that the Irish Solicitor allows to the English Solicitor one-third of the amount of the profit costs. Evidence was given on behalf of the defendant by Mr. Everard Hamilton, Solicitor, that he was not aware of any recognised custom as between English and Irish

Solicitors under which an Irish Solicitor is entitled to regard the English Solicitor who instructs him as his client. The cases referred to were Hyndman v. Ward (T. L. R., Vol. xv., 182, and S. J., Vol. 43, 246), and Scrace v. Whittington (2 B. and C., 14). Mr. Justice Docld gave judgment for the Plaintiff, 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 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. New Solicitor. THE following was admitted during May, 1915 :— Name Served Apprenticeship to Thorntou, Alfred Michael Verdon, Victor Gibson Castlebar Intermediate Examination. THE July Intermediate Examination will be held on Thursday, 1st July. Notices from Apprentices intending to present themselves for the Examination should be lodged in the Secretary's Office on or before Wednesday, 16th June. Calendar of the Incorporated Law Society, 1915. THE Calendar and Law Directory, published by the Society for 1915, can be obtained in the Secretary's Office, price three shillings, or by post three shillings and fourpence. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin