The Gazette 1974

a suitor's f und, the costs of the appeals would come from public money. The I^aw Society, which was asked by Lord Hailsham its views on the Justice proposals, says the fund should cover costs incurred in obtaining an Appeal Court decision reversing or varying a lower court judg- ment which was wrong in law or fact or both. Initially payments from the fund should be limited 10 proceed ings in the House of Lords, the Court of appeal and the Divisional Courts. Like Justice, the Law Society says the fund would be available in cases where a judge finds himself bound by P r e c e d e nt even though he might wish to give a different decision. It would also indemnify parties for the costs of a Hal which had to be abandoned because of the illness ^r death of the judge before he had time to give his decision, p tosent system leads to hardship and injustice At present in long and expensive cases, litigants might a ke out insurance against such risks but this was not apl expense a litigant should be required to incur, says de Law Society. Independently of any suitor's fund, Pe Treasury should accept costs thrown away in these Cl rcumstances. There was no doubt, says the Law Society, that the Present "winner takes all" costs rule could result in real hardship and injustice, particularly to those not rich enough to absorb the cost nor able to take advantage of he social and protective benefits of legal aid.

Some complex legal issue might arise requiring judicial interpretation of a new statutory provision, but the risk of liability for costs at the trial and on possible appeal prevents recourse to the courts which should be available. "This situation is exacerbated where the issue in- volved, is of public importance and the result would benefit the community generally." It is suggested that finance for a suitors' f und should come from a levy on court fees but no estimate of the cost is made by the Law Society. Prior assurance required of appellate costs While Justice proposed that the court after a hearing of an appeal should decide whether costs should be indemnified from the suitors' fund, the Law Society feels that an appellant should have a prior assurance of having his costs covered before bringing an appeal. It suggests that a prospective appellant should be able to apply to an independent national committee for a certificate for payment of his costs from the fund. Even if refused by the committee, the Appeal Court would have to grant a certificate retrospectively. Both individuals and corporate bodies would be able to apply for certificates. Criminal cases should not need to be covered by such a fund, says the Law Society, because of the recent direction to the courts by Lord Widgery, the Lord Chief Justice. Under this an accused, acquitted on trial or on appeal, and whether legally aided or not, should be able to recover his costs out of public f unds except in certain circumstances.

Notice—Solicitors may take additional Apprentices

LAW AGENT Cavan County Council Salary: £4,672 • £5,483. Higher Initial salary in certain circumstances. Essential: Admission and enrolment as a solicitor in the state and eight years satisfactory experience including of court work. Secretary, Local Appointments Commission 45 Upper O'Connell Street, Dublin 1. For application forms and further particulars write to: Latest date for receiving completed application forms: 25th April 1974

. The Society is conscious of the difficult problem of ln tending apprentices in obtaining masters. In these special and exceptional circumstances, the Court of Examiners is prepared as a temporary measure, to c 9 n sider applications for second apprentices from Soli- ctors generally. The Society is also prepared as an e ^ e p t i o n al measure to consider applications from soli- ctors of 5 to 7 years standing to take apprentices.

James J. Ivers ( Director General)

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