The Gazette 1964/67

development and the retention of structures which are unauthorised structures on ist October, 1964. (vii) S.I. No. 236 of 1964, the Local Government (Planning and Development) Act, 1963, (Exempted Development) Regulations, 1964, prescribing classes of development which in addition to those specified in'section 4 of the Act are exempted development and which may be carried out without Planning Permission. The above are available from the Government Stationery Office, G.P.O. Arcade, Dublin i. The Divisional Court (Lord Chief Justice, Mr. Justice Cassels and Ashworth, J.) dismissed an appeal by a solicitor from the findings and order of the Disciplinary Committee of the Law Society whereby he was ordered to be suspended from practice for one year. The committee found that the solicitor had been guilty of breaches of the Solicitors' Accounts Rules, and that he had been guilty of conduct unbefitting a solicitor in misapplying mqney held and received by him on behalf of clients. The committee also found that the solicitor had been guilty of conduct unbefitting a solicitor in making a false statement to another solicitor in relation to a professional matter in which he had a personal financial interest and in utilizing funds of whichhe was a trustee to make payments to himself and to a co-trustee when he knew that the entitlement to these payments was challenged. The Lord Chief Justice in his judgment stated (inter alia)— With regard to the breaches of the Accounts Rules it was right to say that there w.as no possible element of dishonesty, that no client had lost a penny, that the deficiency had been extinguished as soon as it was discovered, and that there was always cash in the bank to cover it. None theless, this Court had held and stated many times that a breach of the Rules was a serious-matter and if it were allowed to go on, public confidence in the profession would be shaken. It was necessary to take a very serious view of it, even where there had been no moral turpitude. (The Times, 4th February, 1960.) STIPULATION AS TO COSTS Members are referred to Opinion DR. 24 appearing at page 238 of the Members' Handbook which states : " The Council disapprove of a stipulation in a contract for sale making the purchaser liable for the vendor's costs whether the sale is effected by MISCONDUCT IN MISLEADING A COLLEAGUE

way of conveyance or lease or by public auction or private treaty in as much as it tends to suggest to the purchaser to retain the vendor's solicitor." In a recent case member stated that he acted for a client who agreed to take a plot of ground for the purpose of erecting a house thereon. The solicitor acting for the lessor also acts for the builder and has furnished member with a building contract which contains a clause that the employer (i.e., member's client) should be responsible for the builder's solicitor's costs of the building contract. The clause in the building contract read : " The employer shall be liable for all legal costs and expenses incurred by the builder in connection with this contract and matters incidental thereto including the costs of grant applications in addition to the contract price herein stated." The Council are of opinion that such a stipulation is analogous to that contained in the previous Opinion and accordingly Opinion DR. 24 is hereby extended to include a building contract. The Council disapprove of any stipulation which imposes on the purchaser the builder's cost of the building contract. INTERNATIONAL LAW The Republic of Ireland (Consequential Adaptation of Enactment) Order, 1964 (No. 1200) (3d.), made under the Irish Free State (Consequential Provisions) Act, 1922 (13 Geo. 5, Sess. 2, c. 2), s. 6 ; came into operation on August i, 1964. It enables warrants issued in the Republic to be endorsed and executed in Great Britain, the Channel Islands and Isle of Man if transmitted to, and endorsed by, certain specified Irish police officers. LAND PURCHASE ACTS RULES, 1964 Members please note that the above rules issued by the Irish Land Commission (S.I. No. 230 of 1964) can be purchased from the Government Publications Sales Office, G.P.O. Arcade, Dublin i, or from any bookseller, price 2/6d. The rules are operative as and from ist October, 1964. The rules amend the provisional rules under the Land Purchase Act dated jth February, 1924, with the object of simplifying the existing procedure for obtaining allocation of purchase moneys and other funds to credit in the Land Commission. The rules also prescribe revised scales for legal costs in such cases. CASES OF THE MONTH Transcript of evidence To meet the urgent need of a would-be appellant to have a transcript of the judgement against him in order to consider whether to appeal, the original transcript of the shorthand writer was submitted to 4J