The Gazette 1977

GAZETTE

OCTOBER 1977

8.1 Under the Regulations of the Council of the Incorporated Law Society the Court Offices and Costs Committee is obliged to report to the Council on Court Procedure and Administration and the working of Government Departments affecting the profession, and on questions of costs and practice. Since taking over in October 1976 I have also sought to try and co-ordinate the approach of the Society's representatives who are independent of this Committee on the District Court Rules Committee, the Circuit Court Rules Committee, the Superior Court Rules Committee and the Land Registration Rules Committee.

COURT OFFICES AND COSTS COMMITTEE

8.2 During the past year, this Committee dealt with many queries from members of the profession with regard to professional charges and the basis of such fees and of disputes as between solicitors and clients in relation to the basis of charges in certain instances.

8.3 Representatives of the Committee had discussions with the President of the High Court concerning various difficulties that were arising in High Court actions and concerning High Court Jury Sittings in the provinces. The Society's representatives represented to the President of the High Court that he should consider appointing on a rotation basis Judges to sit on a permanent basis to deal with Jury actions in the provinces in centres such as Cork, Limerick, Galway, Sligo, Kilkenny, etc.

Michael P. Houlihan, Chairman

8.4 Consideration was also given to the arrears which had accumulated in the Circuit Courts, particularly in Dublin, and to problems arising in different Circuits.

Laurence B. Cullen Francis D. Daly Christopher Hogan Edward P. King Francis J. Lanigan Patrick J. McEllin William D. McEvoy Gerald J. Moloney Raymond T. Monahan Patrick Noonan Rory O'Donnell David Pigot Robert McD. Taylor Peter Murphy John J. Nash

8.5 Following the recommendations of the National Prices Commission based on the report of Professor Dennis Lees, the Land Registration Rules Committee was requested to implement the increases advised, as was the Superior Court Rules Committee. The other applications were deferred pending a re-submission to the Prices Commission. I would have to record on behalf of the Committee extreme frustration at trying to get these most cumbersome procedures implemented with the result that the effect of the improvement in living standards brought about by the increases is long since eroded before they ever come into operation. Clearly an improvement in the procedures and the streamlining thereof is necessary. 8.6 During the year members of the Committee were involved in discussions with the Allied Irish Banks and the Bank of Ireland and the Agricultural Credit Corporation in relation to procedures and their charges. Representation has also been made for the abolition ofjudicature fees, but little progress is reported towards this end. 8.7 On a number of occasions problems have arisen in relation to the professional fees for infant plaintifTs, and discussions have taken place with the Irish Medical Association and with the Federation of Insurers in Ireland on these matters. Hopefully a new procedure can be evolved at least on an experimental basis. Discussions are at a fairly advanced stage on the question of an experimental approach to agreeing on medical evidence, and agreeing on medical reports. 8.8 Consideration was given to the question of increased jurisdiction in the various courts and discussions have taken place on these lines. The Committee also reviewed the status of Commissioners for Oaths and their fees. The majority of the Committee took the viewpoint that every solicitor should be a Commissioner for Oaths as in England, and a memorandum on the matter has been submitted to the Chief Justice.

8.9 The Committee assisted in a review of the Society's Opinions, as published in the Handbook of the Incorporated Law Society, and a new edition of the Handbook incorporating these Opinions has now been published.

8.10 The Committee is also considering actively new procedures for motions for judgment in the High Court in claims for unliquidated damages. During the year also different members of the Society queried the Committee on the procedures in the Accountant's Office in relation to payment of interest on lodgments. Discussions are continuing on these matters with the President of the High Court. Complaints were received by the Society and referred to the Committee relative to the effectiveness of the Sheriff's Office. Representations are being made by the Dublin Solicitors' Bar Association on these matters. 8.11 The Committee became aware of increased fees being charged by barristers in the Circuit Court; no prior discussions had taken place with the Bar Council in relation to such increases and a request has been made to the Bar Council for a meeting with the Liaison Committee between the Society and the Bar Council so that various matters in relation to the Bar and the solicitors profession, including the question of the increase of fees, may be discussed.

8.12 The Society received many queries from members relative to the increased costs and the necessity for ordnance survey maps. Continuing discussions with the Land Registry and the Ordnance Survey Office are taking place on these matters.

8.13 A new compendium of District Court Rules has been prepared by the District Court Rules Committee. The Society has sought an opportunity of commenting on these District Court Rules without success to date despite the serious implications for the profession on the implementation of these Rules.

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