The Gazette 1958-61

The Council, on a report from the Committee, stated that the questions submitted by member were questions of law, and that the Council was not in a position to answer them. They stated, however, that they were aware that for reasons of convenience the will of a testator who dies domiciled in Ireland is sometimes proved first in London. The Council were of the opinion that if a solicitor instructed to oppose probate has reason to believe that the deceased left assets in England or elsewhere, it would be prudent to enter a caveat in any place where there are substantial assets, as well as in Ireland. Rates assessed on premises occupied by charities CORRESPONDENCE was published in the issues of the Gazette for July, August-September, and November, 1957 on the subject of the hardship imposed on landlords who are in receipt of small rents from premises occupied by charities from the assessment of rates on the half-rent. This is particularly severe if the property is sold to a charity many years after the date of the lease. It could have been avoided by careful drafting of the covenants in the lease in the first instance but in many cases the covenants are not sufficiently comprehensive. Acting on a report from a Committee it was decided that the Society should take the matter up with the Depart– ment of Local Government, and that Mr. P. A. O'Donnell, T.D., a member of the Council should be asked to make representations to the appropriate Minister. The Committee recommended that legis– lation should be sought abolishing assessment of rates on the half-rent where premises are occupied for public or charitable purposes. The grounds for this view are the hardship imposed on the owners of rents mentioned in the circumstances stated in correspondence which has already appeared in the Gazette, and, furthermore, that the amendment of the law in the manner suggested would not result in any serious loss of revenue to local authorities. Solicitors' Accounts Regulations. THE attention of members is drawn to the fact that all the provisions of the regulations will be in operation from ist July, 1958. ORDINARY GENERAL MEETING A GENERAL meeting of the Society was held in the library onThursday, 8th May, 1958. The President, Mr. John Carrigan, took the Chair. The notice con– vening the meeting was, by permission, taken as read. The minutes of the Ordinary General Meeting held on zist November, 1958, were read, confirmed

Change of Solicitor. Payment of Counsel MEMBERS acted for a plaintiff in High Court pro– ceedings for whom another solicitor had been on record. The last-mentioned solicitor terminated his own retainer for what seemed to him to be good and sufficient reasons. This solicitor holds the papers and claims a lien for his costs. Members inquired whether they would be acting properly in making a copy of the proceedings from the High Court file and paying to counsel direct, the fees for work already done in the action on the instruc– tions of the first solicitor. The Council, on a report from a Committee, stated that where a solicitor discharges his own retainer the client or his new solicitor is entitled to a summary order, not merely for inspection or production, but for delivery of papers on an undertaking to hold them without prejudice to the former solicitor's lien, and if necessary subject to an undertaking to prosecute the action. They further stated that in their opinion there was no objection to the course suggested by members, but that, before paying counsel his fees direct, they ought to notify the first solicitor and give him an opportunity of receiving the money on an undertaking to pay the fees. Liquor Licence in Solicitor's name A MEMBER enquired whether he would be entitled to take out a liquor licence in his name for a client -who is the owner of a hotel. There is at present no permanent manager. The Council, on a report from a Committee, stated that there would be no objection in the special circumstances to member's obtaining a licence in his name until the next licensing sessions. If, for any special reason, he wished to renew the licence in his name, a further application should be made to the Society. Caveat. Greater part of estate in England A MEMBER wrote asking for guidance in the following circumstances : AB died domiciled in Ireland, but leaving assets consisting entirely of British securities. The solicitor for the executor applied for and obtained repre– sentation in England and duly administered the estate. It then transpired that the solicitor for BC, one of the next-of-kin, had entered a caveat in the Dublin Probate Registry of which the solicitor for the personal representative had no knowledge. Member asks whether, (i) the personal representative of AB was under any legal liability to BC ; (2) EC's solicitor was under any legal liability to BC in an action for negligence. It was pointed out that the same position could arise where the estate of the deceased consisted of a small amount of assets in Ireland with the greater part of the estate in Britain.