The Gazette 1964/67

against the share ofthe proceeds held by the husband's solicitors, which share, after adjustments for arrears of maintenance, rates, etc., eventually amounted to some £217. The order was subsequently made absolute in the sum of £107, the husband's solicitors having at that date received only £no of the £217. (The fact that the order was made absolute in the sum of £107 rather than £110 was due to oversight.) The husband's solicitors, who were owed £170 las. 6d. by the husband in respect of their costs of the proceedings, appealed, contending that they had a right of set-off, alternatively a general or particular lien on the funds held by them to the amount of those costs. On the appeal, the wife was not legally aided and did not appear, nor was she represented. The Law Society appeared as amicus curia at the request of the Court. The husband's solicitors asked that the garnishee order be amended so as to substitute the figure of £47 8s. 9d. (£217 odd less £170 I2s. 6d.) for £107. The Court of Appeal decided that although only £110 had been available to be garnished at the time when the order had been made, this was, in the circumstances, a technicality, and the Court would treat the order as having been properly made in respect of the whole £217. The Court would make the order asked for by the husband's solicitors, the Law Society agreeing that this was a proper order in the circumstances. Appeal allowed ; appellants to have the costs of the appeal (which the Court quantified at £47 8s. 9d., to avoid the necessity for taxation) the right to recover those costs to be set off against the £47 8s. 9d., owed under the garnishee order. (Walters v. Miles-Griffiths, The Solicitors' Journal, Vol. 108, p. 561.) Disciplinaryjurisdiction over medicalpractitioners. The Disciplinary Committee of the General Medical Council found proved against the appellant a charge that being a registered medical practitioner he had during a specified period maintained an improper association with a patient, and held that on the facts alleged in the charge, which the appellant admitted, he had been guilty of infamous conduct in a professional respect. His name was ordered to be erased from the medical register. On his appeal to the board it was contended that in all the circum– stances his conduct, though reprehensible, was not infamous in a professional respect as defined in Felix v. General Dental Council (1960), A.C. 704. It was submitted that the committee were wrong to erase his name from the Register. Lord Upjohn, giving the judgment, said that the finding of the committee that on the facts the appellant was guilty of infamous conduct in a professional respect could

not be challenged. As regard sentence, the board would be slow to interfere with the exercise by the Disciplinary Committee of their discretionary power to impose a sentence of erasure. No general test could be laid down, for each case must depend entirely on its own particular circumstances, but for such a sentence to be set aside it must appear to the board to be wrong and unjustified. Lord Parker C.J., in in re a Solicitor (1960) 2 Q.B. 212, might have gone too far when he said that the appellate court would never differ in the matter of sentence in cases of professional misconduct. Their lordships agreed with Lord Goddard C.J., in re a Solicitor (1956) i W.L.R. 1312, when he said that it would require a very strong case to interfere with sentence because the Disciplinary Committee were the best possible people for weighing the seriousness of the professional misconduct. The present was not a case where the board could properly interfere with the sentence. Appeal dismissed. (McCoan v. General Medical Council, Solicitors' Journal (Vol. 108), p. 560.) EXAMINATION DATES The attention of Masters and apprentices is drawn to a slight alteration in the dates for the Law Exam– inations to be held in September next from those stated in the May issue of the Gazette at page 9. The new dates for the examinations are as follows :- Lasf day Examination Date for entry First Law ... ist and 2nd Sept. lothAug. Second Law... 3rd, 4th and 5 th Sept. zothAug. Third Law ... ist, 2nd and 3rd Sept. 12th Aug. LEGAL APPOINTMENT Mr. A. C. P. Ross, Assistant Revenue Solicitor, has been appointed Revenue Solicitor in succession to Mr. W. H. P. England who has retired.

THE REGISTRY Register A

BRISTOL SOLICITORS require admitted conveyancing assistant, salary not less than £2,150 Pension scheme. Box No. A.220.

SOLICITOR Young progressive solicitor for busy city practice. Experience of conveyancing and probate essential. Salary £2,000 per annum approximately and prospects of partnership later. State age and full details of experience. Box No. A.22I.