The Gazette 1952-1955

Section 3 (b) of the Conveyance Act 1881 provides that the expenses o f obtaining copies o f documents not in the vendor’s possession must be paid by the purchaser. Notwithstanding this Section the Com­ mittee recommended that the Council should publish a statement disapproving in general of stipulations obliging the purchaser to pay the costs of obtaining the originals and copies o f documents o f the kind mentioned and recommending that copies o f such documents should be furnished at the vendor’s expense. The Council adopted the Committees’ report. Solicitors’ Notepaper. T he attention o f the Council was drawn to a case in which a solicitor’s notepaper bore the following heading—“ Agents for the X Insurance Co.” The Secretary was directed to write to the solicitor concerned informing him that the Council dis­ approve o f such a description on his notepaper and to write also to the local Bar Association concerned asking them to advise their members to follow the ruling of the Council. Institution o f proceedings without a pre­ liminary letter. I n August, 1945, the Council expressed the opinion in the Society’s G azette that although the costs o f a letter for application o f a debt are not recover­ able from the debtor if he pays up before proceedings, a solicitor should write such a letter, even although he is not paid for it, in the general interests of the public and the profession. Reference was made to the case o f Rinder v. Deacon (11 Ir. Jur. N.S. 414). A member o f the public recendy complained to the Society that a default civil process had been served upon him without any letter o f warning from the plaintiff’s solicitor. The Council having con­ sidered their previous ruling decided to express the following opinion “ While a solicitor is not legally obliged to write a preliminary letter before instituting proceedings on the instructions o f a client on foot o f a liquidated debt, he should normally write such a letter. There is no impropriety in institu­ ting proceedings without a preliminary letter, if, in the opinion o f a solicitor, such a course is necessary in the client’s interest.” COURTS OF JUSTICE BILL, 1952 Memorandum o f the Society to the Minister for Justice. T he Council of the Incorporated Law Society of Ireland wish to submit the following observations

on tdie Bill for consideration by the Minister for Justice. This Memorandum has been prepared following consideration o f the Bill by a meeting o f the Council of the Incorporated Law Society of Ireland which had before it the views o f the local Bar Associations throughout the country. S ection 4. It is the view o f the profession that the Judiciary at all levels should be adequately remunerated and that in the interests of the public it would be better to err on the side o f liberality rather than on the side o f economy. S ection 5. The Council sees grave objection to this Section which in their view is calculated to reduce the in­ dependence o f the Judiciary. The effect o f this section seems to be that the Minister may pay individual judges’ expenses on different scales. The scale o f expenses for judges and justices should be uniform and there should be no opening for possible discrimination. It seems to the Council that under Section 5 there could be discrimination which in the case o f an individual judge or justice might be thought to influence his approach to a case coming before him. The Council propose that Section 77 o f the Courts o f Justice Act, 1936 should stand with an amendment to provide that the expenses should be awarded in accordance with a scale prescribed by statutory instrument. S ections 6, 7, 10 and i i . Division o f the State into circuits, District Court districts and areas. v The Council submit that there is no case for the reduction in the number of circuits from 9 to 8 as proposed by the Section 6 and that the powers conferred on the Minister by Sections 6 and 7 in regard to the Circuit Court should not be exer­ cisable except after prior consultation with the Circuit Court Rules Committee in order to ascertain the views o f the Judiciary and the representatives o f the Bar and the solicitors’ profession. In a matter which closely affects the working o f the Courts it is considered only proper and reasonable that the views o f the Judiciary and the professional bodies should be ascertained before executive action as the views o f the medical and other pro­ fessions are sought before legislation or executive action affecting these professions and their patients and clients. For the same reason the powers under sections 10 and 1 1 should not be exercisable without prior consultation with the District Court Rules Committee. The solicitors’ profession is in a par