The Gazette 1974

ever, that the Attorney-General is often Minister for Justice as well. A far cry from the separation of powers! * Conclusions The broad judicial system in New Zealand is suffi- ciently close to that in England to enable the lawyer of one country to feel at home in the other. The common law heritage of New Zealand makes the links even stronger. It seems a pity, however, that while the New Zealand cóurts pay ample attention to English cases, there is little evidence of reciprocity. To the writer's knowledge, there are many New Zealand precedents of value in the field of commercial law. Again, the judg- ment of the New Zealand Court of Appeal in Steph- enson v Waite Tilemann [1973]] 1 N.Z.L.R. 152, is of monumental importance to the question of remoteness * of damage. Now that England is severing her economic ties with the Commonwealth, it would be pleasurable to see this compensated for by a keener recognition of the jurisprudence of these former dominions.

only from 1954. Prior to that, there was a Court of Appeal which could fairly be described as the Supreme Court under another hat, hearing appeals from itself. Now there are four Judges, one of whom is President of the Court of Appeal, now Sir Thaddeus McCarthy, specifically assigned to this Court. The Chief Justice is also a member ex officio. This Court in session consists of three Judges, two who are specifically Court of Appeal Judges, together with one Supreme Court Judge. The latter is selected by rotation. The Judiciary, as befits a fused profession, is drawn from the ranks of both those who have practised as barristers or solicitors. The Court of Appeal Judges, in turn, are drawn from the Judges of the Supreme Court. Appointments are not made directly to the Court of Appeal from the ranks of the practitioners. The law officers of the Crown are two in number : the Solicitor-General and the Attorney-General. Their functions are identical to those performed by their English counterparts. One point of distinction is, how-

CORRESPONDENCE

Valuation Office Delays

Requisitions on Title Patrick Noonan, B.A., LL.B.,

C. E. Callan & Co., Boyle,

Athboy, Co. Meath ( 27/11/1973

Secretary,

1 0 / 1 0 / 73

Incorporated Law Society of Ireland. Dear Sir, The recent arrangement with the Estate Duty Office will help to process Estates more quickly. However, we find that the "Bottleneck" appears to be in the Valuation Office, where there appears to be considerable delay in that department reporting to either the Estate Duty Branch or the Adjudication Office on Deeds. It may be that this department is understaffed and unable to cope with the business sent to them for Valua- tion. In the circumstances, the Society should examine the matter with a view to helping Solicitors to deal with business more quickly. Yours faithfully, Thomas Callan

The Secretary, Incorporated Law Society of Ireland. Dear Sir,

The Law Society's Requisitions on Title are much too long and a great many of the questions asked are not Requisitions on Title a tall. I cannot see how a query relating to a Wireless Aeriel or a Television Aeriel has anything to do with the title to the property. The worst thing about them is that Purchasers just bang out these Requisitions without deleting the in- appropriate ones and it is a common thing to be asked to deal with Fishery rights in connection with a house > in the middle of the City of Dublin. I suggest that a , Notice would be put in the Gazette drawing attention of Solicitors to the fact that leaving all these Requisi- tions in causes a great deal of unnecessary waste of time and money. I think the Requisitions should also be reviewed. For example there is a Requisition there as to identity and in the Law Society's own precedent Contract, this Requisition would be excluded. I am put to the trouble each time of referring the Requisitioner to the Contract. Yours faithfully, Patrick Noonan

Thomas Callan, Esq., Messrs. C. E. Callan & Co., Solicitors, Boyle, Co. Roscommon Dear Sir,

9/1/1974

I acknowledge receipt of your letter of October 10. I have placed this matter before the Council of the Society and I am directed to request from you specific details of cases in which delay has occurred in the Valuation Office. I am furthermore directed to publish your letter and this reply in the Gazette for the purpose of ascertaining whether other members of the profession are experien- cing the type of delay you refer to. If this is the case it is hoped that practitioners will write to the Society outlining specific details of cases in which delay has occurred.

Patrck Noonan, Esq., B.A., LL.B.

9 January 1974

Solicitor, Athboy, Co. Meath

re. : Societys' Requisitions on Title

Dear Mr. Noonan, Your letter of 27 November has been considered by the Council of the Society and upon report of the Court Offices and Costs Committee I have been directed to request more specific details of clauses which you are not particularly happy about. I am also directed to publish the correspondence in the Gazette with a view to obtaining the views of the profession. Any Solicitors reading the correspondence

Yours faithfully, Patrick Cafferky, Assistant

Secretary

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