The Gazette 1964/67

Superior Court Rules Committee and the Circuit Court Rules Committee and to invite them to discuss with representatives of the Council the difficulties which arise from the point of view of the client, who wishes to institute proceedings whereby the medical practitioner who attended him does not furnish a report and give evidence. Town Planning Searches On a report from a committee the Council stated that as a matter of practice no additional fee should be charged over and above the commission scale fee for searches and other work under theTown Planning Act in connection with the sale or purchase of property. Workman's Compensation Agreement On a report from the committee the Council stated that there is no objection to the receipt by a solicitor from the employer of a workman, of a sum for costs mutually agreed where a claim is admitted and weekly payments made thereafter without the necessity of instituting proceedings. Commissioners' Fees on Administration Papers On a report from a committee of the Council stated that the fees now chargeable in administration matters where a deceased dies intestate and there is one administrator and two private sureties are as follows : 1. Schedule of Assets $s. 2. Oath of Administrator 55. 3. Administration Bond (three parties) 155. Sale Lease Members refer to the decision in Simms-Clarke v. Ilet Ltd., and ask the Council for their opionion as to the point when the lease ceases to be a lease and becomes a sale for the purpose of costs. The ratio between the annual rent and the amount of the fine varies within wide limits. The Council in reply stated that each case must be considered on its merits having regard to the surrounding circumstances. If there is a substantial fine the transaction is a sale. If the parties agree in advance that the costs of the lease containing the fine shall be paid by the lessee the lessee is bound by the stipulation but the Council disapprove of such stipulations in contracts (Hand– book Opinion DR.24). If the contract contains a stipulation obliging the lessee to pay the lessor's costs the lessee is liable 4. Justification (two sureties ics.) 5. Affidavit of market value 55.

Agreement was reached between the Department and the Society's representatives. It was decided that the scale of costs will now be submitted to the Circuit Court Rules Committee. Compensation Fund Claims amounting to £9,810 were admitted for payment. Road Traffic Prosecution Costs In reply to an enquiry as to whether a solicitor who defends a charge for dangerous and drunken driving is entitled to charge £-j ys. for each summons, the Council stated that the case of a double charge of dangerous and drunken driving is covered by the statement in the circular recently issued that the fee of £j js. is a minimum fee and that appropriate additional fees should be charged for cases of special responsibility or difficulty. A case of drunken driving falls within this description and is not included in the minimum fee of £-/ 75. An appropriate additional fee should be charged. Client's access to solicitors' stationery A member enquired whether he might act for clients in debt collection matters on terms that a supply of his stationery would be used by the client for preparing letters of application which would be carefully checked and signed by the solicitor before mailing. On a report from the committee the Council stated that they would not approve of the suggested arrangement whereby the client should have access to the solicitor's professional stationery. MAY I4TH : The President in the chair, also present, Messrs. Francis J. Lanigan, John Carrigan, James W. O'Donovan, D. B. Gilmore, R. A. French, Edward J. Dillon, Gerard M. Doyle, Thomas H. Bacon, Peter E. O'Connell, R. Knight, James R. C. Green, Brendan A. McGrath, Eunan McCarron, Peter D. M. Prentice, John J. Nash, R. McD. Taylor, Joseph P. Black, John Maher, Ralph J. Walker, Desmond Moran, Patrick Noonan, and Augustus Cullen. The following was among the business transacted : Medical Practitioners fees The Council considered a report from a committee on difficulties which arise where medical practi– tioners, particularly those in the health authority service, decline to furnish medical reports or attend court as witnesses. It was decided that a letter should be written to the Irish Medical Association asking them to submit suggestions for an appropriate scale of medical fees which could be submitted to the