The Gazette 1958-61

Society of Ireland wish respectfully to offer their sympathy to His Excellency the Papal Nuncio, and to record their sorrow on the occasion of the death of His Holiness Pope Pius XII." The Council requested the President and Secretary to call at the Nunciature, Phoenix Park, to express their sympathy. Restaurant in Four Courts IT was decided that the Secretary would make representations to the Commissioners of Public Works on the subject of the inconvenience caused to members of the profession by the absence of restaurant facilities in the Four Courts during term. " Without Prejudice" Settlement with Insurance Company THE Council considered a further report from a committee on this matter, to which reference was made in the Society's Gazette July 1958. On the facts as given to the Council an insurance company refused to carry out the terms of a settlement made in correspondence marked " Without prejudice " on each side, on the ground that their insured in tended to take proceedings against the claimant, and that in the circumstances the offer in settlement must be withdrawn. The Committee having further considered the matter reported that in their opinion the settlement, although expressed to be made without prejudice, may be legally enforceable, and might be proved without reference to the corres pondence. Members were advised to consider taking proceedings on foot of the settlement against the company or their insured. It was directed that a letter should be written to the company informing them of the advice given to members. Duty of solicitor acting for accused on a criminal charge MEMBER appeared for an accused man who was convicted in the Circuit Court on a charge of assault and robbery and sentenced to imprisonment for nine months. Member's costs including counsel's fees were paid. Member subsequently received a letter from the County Registrar stating that he had received notice of appeal from the accused direct from Mountjoy Prison. The accused had not con sulted member or sought his advice as to an appeal. Member asked for the guidance of the Council as to whether he is obliged to act for the accused man in the event of an appeal if no provision is made for his costs. The Council adopted a report from a committee which stated that- in their opinion on the facts given member is under no obligation to

act in connection with the appeal unless he is properly instructed, and unless provision is made for his costs and dis bursements. Ordnance Survey Maps A COMMITTEE reported that the Ordnance Survey Department will give permission to solicitors to make copies of Ordnance Survey maps for an annual royalty of 55. It was decided to request the Department to give similar permission for re production by photo-copying methods on the same terms. Sale of property by transfer of share capital of a limited company MEMBERS enquired whether the commission scale fee should be charged for the purchase of certain property belonging to a company carried out by a transfer of the entire share capital. A committee to which the matter was referred reported that in dealing with this matter the difference in terminology between the Irish and English general orders should be noted. In the English S.R. Order, 1883, the commission scale fee is broken down into charges for (i) negotiating a sale of property, (ii) conducting a sale of property by public auction, (iii) deducing title to freehold, copyhold, or leasehold property (iv) negotiating a sale of. property, (v) investigating title to freehold, copyhold or leasehold property, and separate fees are prescribed under items (i) to (v). In our S.R.G.O., 1884 and 1947, there are only two fees : one to the vendor's solicitor for all charges, including negotiating, connected with the sale of property by private contract or by auction, and the other for all charges connected with the purchase of property by private contract or public auction. In England, the conducting and negotiating scales refer to all descriptions of property including stocks, money, and personal property, but the scales for deducing title and perusing and completing con veyance and investigating title and preparing and completing conveyance, apply only to freehold, copyhold or leasehold property. The committee referred to the statement in Gill on Costs, page 194, where the author apparently followed the English decisions, that the commission scale fee does not apply to a sale of personal property. On the same page it is stated that the scale fee was allowed by Master MacNamara on the sale of a ship by public auction no appeal being taken. The Committee referred to opinion 83, of the Council of the Society (1958 Calendar, page 459), in which it is stated that the scale of charges fixed by Schedule I, Part I, S.R.G.O., is not confined to sales, purchases and for the accused man