The Gazette 1952-1955

COMMITTEES, 1953

AB on retiring agreed to sell his practice to CD. Differences subsequently arose about the purchase price. It was a term o f the contract that AB should receive the costs and discharge the liabilities o f the practice down to the date o f the contract. CD took over the office premises and property but continued practising under his own name. When CD took over the practice a sum o f -£58 5s. n d . was due to foreign correspondents who had been instructed by AB. CD subsequently instructed the same correspondents on fresh business and the costs incurred were £44 15 s. 6d. The foreign correspon­ dents held CD liable for the entire sum o f .£93 is. 5d. on the ground that they were not concerned with the arrangements between AB and CD after the latter had taken over the practice. CD admitted liability for the sum o f £44 15 s. 6d. and asked the Council whether as a matter o f professional etiquette, apart from the question o f legal liability, he should pay the entire sum o f £93 is. 3d. or whether pro­ fessional etiquette would be satisfied by payment o f the sum o f £44 15 s. 6d., being the costs due for the work on which he personally instructed the foreign correspondents. The Council expressed the opinion that as a matter of professional etiquette (apart from the question of law with which the Council were not concerned) CD was liable only for the sum o f £44 15 s. 6d. in respect o f the business in which he himself instructed the correspondents. This opinion was based on the fact that CD did not take over the name of AB but continued practising under his own name. The privity o f CD with his correspon­ dents arose only when he instructed them on fresh business after taking over the practice. I f he had continued to practise under A B ’s name with or without the words “ and Co.,” different considera­ tions might arise. The professional obligation o f AB to pay the sum o f £58 5s. n d . continued. RECENT LEGAL LITERATURE Irish Taw Times and Solicitors’ Journal: n th October—“ Doctrine o f Secret Trusts in Ireland, I.” 1 8th October— Doctrine o f Secret Trusts in Ireland, II.” 1st November—“ Garda Siochana (Compensa­ tion) Acts (1941-45), 1.” 8th November—Garda Siochana (Compensa­ tion) Acts (1941-45), II.” 15th November—“ Remoteness o f Damage in Law of Tort, I.” 22nd November—“ Remoteness o f Damage in Law of Tort, II.”

Statutory Committee C hairman , Arthur Cox ; Joseph Barrett; Patrick R. Boyd ; John R. Halpin ; William J . Norman ; James R. Quirke; Joseph P. Tyrrell. Court o f Examiners C hairman , James R. Quirke; John R. Halpin, J . Nash, Thomas A. O’Reilly, Sean O hUadhaigh, Ralph J. Walker. Legislation and Privileges Committee C hairman , Thomas A. O’Reilly; Henry St. J. Blake, Cornelius J. Daly, John Maher, Louis E. O’Dea, Senator O’Reilly, Sean O hUadhaigh, C hairman , Joseph Barrett; Desmond R. Counahan, Niall S. Gaffney, Desmond J. Mayne, George G. Overend, Gerald O’Donnell, Dermot P. Shaw, Maurice M. Power, Ralph J. Walker. Finance Committee C hairman , Senator Patrick F. O’Reilly; Patrick R. Boyd, Desmond Collins, Francis J. Gearty, Francis J. Lanigan, Desmond J. Mayne, William J. Norman, John J. Nash, Dermot P. Shaw. Gazette Committee C hairman , John Carrigan; Joseph Barrett, Cornelius J. Daly, Charles J . Downing, Niall S. Gaffney, Francis J . Lanigan, John Maher, Peter E. O’Connell, John J. Sheil. The President, Vice-Presidents and the last President are ex-officio members o f the Committees, except the Statutory Committee. HIS EMINENCE CARDINAL D’ALTON The President, Mr. Cox, sent a message o f con­ gratulation from the Council to His Grace the Most Rev. Dr. D ’Alton on his elevation to the College of Cardinals and received a letter from His Grace thanking the Council. CORRECTION T he report o f an opinion o f the Council printed in the November issue o f the Society’s G azette contained some errors. The following is the correct version;— George G. Overend, John J . Sheil. Court and Offices Committee