The Gazette 1964/67

T. N. O'Meara, Thomas J. O'Reilly, lan A. Scott (B.C.L.), John R. Sweeney. 31 candidates attended ; 20 passed. COMMISSIONERS OF CHARITABLE DONATIONS & BEQUESTS BOARD MEETINGS (Easter and Trinity Terms) Tuesday ... ... zjth April, 1965 nth May, ...

to protect their interests as although they will be notified of payment of the amount to the Policy- holder the cheques for the amount of the damages and/or costs will be sent to the policyholders dierct. As to the right of a solicitor to a charging order for costs over property recovered or preserved for a client see the Legal Practitioners (Ir.) Act, 1876 (Members' Handbook, page 171). CASES OF THE MONTH Grant of Probate—solicitor's estate Where a deceased solicitor was at the time of his death in practice, either in his own name or as a sole solicitor under a firm name, the interests of his former clients may be jeopardised if the persons entitled to constitute themselves the solicitor's legal personal representatives fail to apply for and obtain a grant of representation in respect of his estate within a reasonable time after the date of his death. The court has power in the exercise of the discretion conferred upon it by Section 162 of the Supreme Court of Judicature (Consolidation) Act, 1925 (i), as amended by Section 9 of the Administration of Justice Act, 1928 (i), to make an order for a grant in respect of the deceased's estate to issue to a nominee or nominees of the Law Society. The grant will be general or limited as the court thinks expedient in the circumstances. In the first place the affidavit setting out the grounds of the application must be submitted in draft to a Registrar of the Principal Probate Registry. The latter will thereupon give directions as to whether the application may be made ex parte to a registrar, without notice to any other persons, or on summons to a Registrar, or in special circum stances, a judge. If the application is to be on summons, the registrar will also direct upon whom the summons is to be served. For this purpose the draft affidavit should show who are the persons first entitled to a general grant, so far as it has been practicable to discover their identity within the time available, and should also deal with the practicability of serving them with a copy of the summons. This practice note which appeared in (1965) i All. E.R., p. 924 may be followed in this country under Section 12 of the Administration of Estates Act, 1959. Solicitor taking secret profit The decision in Phipps v. Boardman and Ors. arrived at by Wilberforce J., in the Court of first instance and reported in the Society's GAZETTE for Aug.-Sept. 1964 at page 30 was confirmed by the Court of Appeal (Lord Denning M.R., Pearson

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... 2 7 th J. S. MARTIN, Secretary. 7th April, 1965.

THE EQUITABLE INSURANCE COMPANY LIMITED—SOLICITORS INDEMNITY AGAINST COSTS The solicitors for the Official Liquidator have informed the Society that in a recent application by the Official Liquidator to The High Court (Mr. Justice Kenny) entitled 1965 No. 318? it was established that the undermentioned costs are properly payable out of the Insurance Compensation Fund. Such costs will be paid in the first instance under Court Order to the Official Liquidator under Section 3 (i*)for transmission to the Policyholder. (a) Costs of Policyholder's solicitor incurred in defending claim against the Policyholder where said solicitor was nominated to represent Policyholder by The Equitable Insurance Company Limited prior to liquidation. (b~) Costs of Policyholder's Solicitor incurred in defending a claim against a Policyholder where the solicitor was instructed by the Policyholder to act after the commencement of the Liquidation with the consent of the Official Liquidator. (c) Costs of Policyholder's solicitor necessarily and reasonably incurred in endeavouring to secure payment for the Policyholder out of the Fund of the amount due to him under the policy. Costs in all or any of the said three categories must be taxed if the Liquidator so requires. It is understood that the claims against the Fund are under consideration and that the necessary applications to the Court for payment of the ap propriate sums will be made in the near future. Members please note that the Liquidator will make payment in respect of damages and costs by way of one cheque which will be payable to the policyholder. Members ought to take such steps as are necessary