The Gazette 1958-61

JUNE, 1959

Vol. No. 2

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND President JOHN R. HALPIN, Secretary ERIC A. PLUNKETT

Vice-Presidents JOHN J. NASH CORNELIUS J. DALT

FOR CIRCULATION AMONG MEMBERS

served by registered post without special order of the court in all civil cases except a summons for committal under the Enforcement of Court Orders Act. Landlord and Tenant Acts In a report from a committee it was pointed out that the principle which is generally followed throughout the Circuit Court Rules, appears to be that the solicitor's costs and counsel's fees of a successful plaintiff or applicant should be computed in accordance with the amount recovered, not the amount claimed, while the costs and counsel's fees of a successful defendant or respondent should be cal culated on the basis of the amount claimed. This is borne out by the third schedule to the Circuit Court Rules 1954 part I (costs in actions in contract and tort) part XI, section (a), (Landlord and Tenant Acts) and part XIV items (i) (ii) (iii) (counsel's fees in actions in contracts and tort). There appears to have been a drafting error in dealing with counsel's fees in applications for compensation under the Landlord and Tenant Acts where the fees are related Counsel's fees in proceedings under the

MEETINGS OF THE COUNCIL JUNE nth.—The President in the Chair. Also present Messrs. O'Reilly, Walker, Nolan, Kelly, Maher, Gilmore, McCarron, Tyrrell, O'Connell, George A. Nolan, Cox, O'Connor, Green, White, Dillon- Leetch, Noonan, Lanigan, Collins, O'Donnell, Shaw, Gaffney, Carrigan, Nash, Overend and Quirke. The following was among the business transacted. Service of processes The Council considered a report from a committee on difficulties experienced by country practitioners caused by the absence of proper facilities for service of processes. The committee stated that this was due to the fact that the salaries and remuneration offered are insufficient to attract suitable persons. It was decided to make representations to the Department of Justice that (a) provision should be made for amalgamation of areas and for payment of a double salary where one civil bill officer is appointed for two adjoining areas, (b) If it is im possible to secure the services of suitable persons, rules should be made to enable documents to be