The Gazette 1958-61

RECENT LEGISLATION THE LAW REFORM (PERSONAL INJURIES) ACT 1958 which has recently become law, has abolished the doctrine of Common Employment which had seriously prejudiced up to then actions by employees against employers for negligence, if that negligence had been due the carelessness of a fellow employee. The Employers Liability Act 1880 is repealed, but legal Proceedings commenced before the 2 3rd December, 1958 are not affected. THE SOCIAL WELFARE (AMENDMENT) ACT 1958 has the effect of raising the limit of compulsory contributors under the Social Welfare Act 1952 from a salary of £600 per annum to one of £800 per annum. Accordingly all employees earning less than £800 per annum are now liable to make weekly payments under the Social Welfare Act 1952, unless they belong to one of the exceptions defined in the Act. THE HEALTH AND MENTAL TREATMENT ACT 1958 has the effect of supplying the various kinds of treatments authorised by the Health Acts of 1947 and of 1953, and by the Mental Treatment Act 1945, to those who have made contributions under the Social Welfare Act 1952, if their salary is henceforth £800 per annum, instead of £600 as formerly. Furthermore, in applying this Act, the means of a son or daughter of the applicant are to be disregarded up to a maximum of £100, regardless of their income. CLIENT'S AUTHORITY TO PAY. CIR- CUMSTANCES IN WHICH IT AMOUNTS TO AN EQUITABLE ASSIGNMENT.* Among the letters recently received by the Editor was one from a firm of solicitors which stated that they had suffered loss because they • failed to appreciate that an authority given to them by a client as to the payment to a third party out of funds- to come into their (the solicitors') hands operated as an equitable assignment. After receiving the first authority to pay to the third party (X), the firm received a further authority from their client to pay the fund to another person (Y) and were instructed that the earlier authority was cancelled. The firm accordingly paid the fund when they received it to Y, and X claimed that the fund should have been paid to him as an earlier assignee of the fund. The firm sought the opinion of counsel who advised that on the form of the document, the contention of X was correct and the firm have had to make the payment to him out of their own moneys. The firm have in the past dealt with a number of *Author Mr. E. R. Dew. Printed by permissi9n of the English Law Society. 76

such advertisement was found to be objectionable, and a reply to the Society was settled. The County Registrar has arranged to mark " for mention " cases appearing in the Circuit Court Lists which have been settled. As this will be a con siderable facility in enabling solicitors to estimate the weight of the lists, all members are recommended to communicate with the County Registrar when the case has been settled. A letter from the solicitor for each party should be supplied. A letter from the Law Society relating to fees for defending Road Traffic Act prosecutions was con sidered, and a reply was sent giving the Council's views as to what fees would be appropriate. The next Meeting of the Council was fixed for Wednesday, 4th February, 1959. MIDLAND SOLICITORS' ASSOCIATION THE Annual General Meeting of the Association was held at Moate on the zoth October, 1958, and the following Officers were elected : President, Mr. William A. Tormey, Athlone; Vice-President, Mr. S. N. Mahon, Tullamore; Secretary, D. P. Shaw, Mullingar; Committee, H. Walker and P. Cooney, Athlone ; J. B. Farell and J. P. Woods, Tullamore ; N. Reidy, Birr ; M. Ward, Edenderry ; P. J. Shaw and K. P. Wallace, Mullingar. The following new Rules were adopted : (a) In all sales of registered land, the Land in sales of non-vested holdings, the Land Commission Map shall be furnished by the Vendor's Solicitor at the Vendor's expense. (£) The original Land Certificate shall be handed over by the Vendor at his expense on closing sales of registered land. The Annual Dinner-Dance of the Association was held at Shamrock Lodge Hotel, Athlone, on Dec ember 13th, and was enjoyed by 95 members and guests. COUNTY LOUTH SESSIONAL BAR ASSOCIATION AT a Meeting on ist January, the following Officers were elected for the year 1959 : President, Mr. Francis P. Johnston; Vice-President, Mr. A. S. Coulter; Secretary, Mr. Philip E. McCourt. CARLOW BAR ASSOCIATION THE above association has been revived with the following Officers : President, S. Roche ; Chairman, H. O'Donnell; Hon. Secretary and Treasurer, D. M. Early; Committee, P. Cody, A. W. JefFers, F. J. Lanigan. Registry Map and