The Gazette 1964/67

accordance with proper professional practice that agents for building societies should be so described on name plates outside their office premises. No departure should be made from the present well established practice as regards solicitors' name plates. Meaning of Bank The Council considered an opinion from counsel as to the meaning of the term "bank" under the Central Bank Act 1942 and the Solicitors Acts 1954-60 and the Solicitors' Accounts Regulations. Counsel advised that the term "bank" is nowhere defined by statute. Having considered counsel's opinion the Council decided that regulations should be made under the Solicitors Acts 1954-60 defining the term for the purpose of the Regulations. JULY 22ND: The President in the chair, also present Messrs Francis J. Lanigan, John Carrigan, George A. Nolan, Raymond A. French, Brendan A. McGrath, Daniel J. O'Connor, Desmond J. Collins, Desmond Moran, Peter D. M. Prentice, Gerald Y. Goldberg, Ralph J. Walker, Patrick Noonan, Peter E. O'Connell, Thomas A. O'Reilly, Joseph P. Black, John C. O'Carroll, R'chard Knight, Augustus Cullen, Thomas H. Bacon, William A. Osborne, Gerard M. Doyle, George G. Overend, Robert McD. Taylor, Niall S. Gaffney. The following was among the business transacted : Notary Public On a report from the Secretary it was decided that counsel should be briefed to oppose an application to the Chief Justice by an applicant who is not a solicitor for appointment as notary public. The Society in principle takes the view that these appoint ments should be confined to practising solicitors. Disciplinary Committee vacancy The President reported that he had sent a letter to the President of the High Court resigning from the Disciplinary Committee. It was decided to ask the President to appoint a new member to the committee in place of Mr. Maher. Professional Negligence A member acting for the purchaser of premises completed the transaction in 1955 on an undertaking by the vendor's solicitor to furnish a section 6 certificate. The vendor's solicitor did not carry out the undertaking and subsequently ceased to practise. In 1962 the purchaser received a demand for schedule A and B income tax which he immediately paid. It subsequently transpired that part of the demand

related to a period prior to the closing of the purchase. The purchaser claimed the amount against member on the ground that the latter was negligent and member asked for the guidance of the Council. The Council, on a report from a committee, were of the opinion that the practice of accepting an under taking from the vendor's solicitor is now universal and in the interests of vendors and purchasers and that the acceptance of such an undertaking without the specific instructions of the purchaser is not negligent unless the purchaser's solicitor knew or had reason to know that the solicitor for the vendor could not be relied on to carry out the undertaking. It was however pointed out that the opinion of the Council is not a legal decision and has no authority beyond the experience of members of the Council as practitioners. Conflict of interest Member on the instructions of an intended husband drew up a deed of marriage settlement whereby the intended husband transferred property to himself and his intended wife as joint tenants in fee simple. Member received no instructions from the intended wife. At the date of the transfer the intended husband was the full registered owner in fee simple subject to a right of residence in favour of his mother in part of the dwellmghouse. All necessary parties executed the instrument. The husband and wife after the marriage had a disagreement and are now living apart. The instrument has been sent to the Land Registry but registration has not been effected. Member received a request from the mother of the husband not to proceed with the registration and member asked for guidance from the Council. The Council on a report from a committee stated that (i) member should not take any step to have the dealing withdrawn from registration (2) if the dealing is returned by the Land Registry of their own volition member before handing it over should obtain a discharge from each of the two joint owners (3) member should inform the wife of the advisability of seeking professional advice. Member acted for the driver of a car which was in collision with another car while carrying a passenger. In proceedings between member's client and the owner of the other car for damage to the respective vehicles blame was apportioned between the two drivers on a 60/40 basis. Member acted on the instructions of his client's insurers in these pro ceedings. The driver of the other car subsequently sued member's client for damages for personal injuries and other solicitors were instructed by the same insurance company to defend these proceedings. The passenger driven by member's client sub sequently instructed member to sue the driver for 14