The Gazette 1958-61

Notice of Appeal to the High Court On a report from the Committee it was decided to make an application to the Circuit Court Rules Committee for an amendment to the rules which will provide that service of notice of withdrawal of an appeal will operate at a confirmation of the original order without any formal application to or attendance in the Court, with nominal costs if the notice is lodged within a time to be prescribed, but otherwise with full costs. The object of the pro posed amendment is to afford the unsuccessful party and his solicitor and counsel an opportunity of preserving the right of appeal by serving notice •while the matter is under consideration without incurring serious costs provided that the appeal is withdrawn within a time to be specified. Estate Duty. Assessment of unquoted shares in private companies The Committee considered and approved a memorandum submitted by Mr. Overend following an interview with the Estate Duty Office. The memorandum which has been approved by the Estate Duty Office should be of considerable assist ance to practitioners and it is printed at page 83 of this issue. Sittings of the High Court on Circuit The Council were informed of a resolution passed by the Bar Council requesting the Judges to dis continue the arrangements recently made to hold sittings of the High Court on Circuit at equal half yearly intervals in March and October and to revert to March and July. It was decided to make represent ations against this proposal on the grounds of the inconvenience which would be caused to solicitors and their clients in the country. Undertaking by solicitor Member acted for an injured workman in a Work man's Compensation claim against an employer. Member on the client's instructions requested the Department of Social Welfare to advance insurance benefit on his undertaking to refund the amount out of any compensation which would be recovered on the client's behalf. Benefit to the amount of £12.0 was paid by the Department to the workman up to the date of the award. Member received a lump sum which was paid into court in the first instance as the workman was not sui juris and subsequently paid out to member. After the award of com pensation the Minister for Social Welfare sued the employer for the amount of benefit paid and the action was dismissed. The workman was not

represented nor was he a notice party to the pro ceedings brought by the Minister. Member enquired whether he was absolved from his undertaking as the result of the abortive proceedings by the Minister against the employer. On a report from a committee the Council stated that on the facts before them the solicitor gave an unqualified personal undertaking to the Minister for Social Welfare on the client's instructions and was bound by it. Client's privilege against disclosure A member acting for a client was requested to make enquiries concerning the purchase of the tenant's interest in certain property. In the course of the enquiry, member ascertained that there had been litigation between the landlord and the tenant and that the landlord had obtained a decree for possession and had taken possession and that an auctioneer who was endeavouring to sell the client's interest had retaken possession. Member was sub sequently requested by the solicitor acting for the landlord to give evidence of these matters which were communicated to him by the auctioneer acting for the tenant in the course of negptiations for the sale of the latter's interest. He enquired whether any question of privilege arose as between himself and his client, the potential purchaser. The Council on a report from a Committee stated that the con versation by member on behalf of his client with the auctioneer was not a communication between solicitor and client which would be the subject of privilege. If the conversation had been between the client and the auctioneer the client could not refuse to disclose it, and the solicitor who was only the client's agent was in no better position than the national arbitrations . The Council were informed by the International Bar Association of a report to be submitted to the committee of Ministers by a sub-committee of the Council of Europe recommending that a suggested uniform code of procedure should contain provisions whereby parties to international arbitrations should not be entitled to be represented by counsel or solicitors except by permission of the arbitrator or by mutual consent of the parties. It was decided that representations should be made to the Depart ment of External Affairs asking that the Government should oppose these provisions. Interviewing witness summoned by opponent Members brought to the notice of the Council a case in which a solicitor acting for a party in litigation client. Legal representation of parties to inter'