The Gazette 1912-13

[JANUARY, 1913

The Gazette of the Incorporated Law Society of Ireland.

82

A. Sir Rufus Isaacs.— There have been 80 applications. On 12 occasions the fiat has been refused. [30th December, 1912.]

For all proceedings from the drawing of the Civil Bill to the Final Order of the Court. £ s. d. When the sum does not exceed £15 ... ... ... 1 0 0 Exceeds £15, but does not exceed £30 ... ... ... 2 0 0 Exceeds £30, but does not exceed £50 ... ... ... 3 0 0 Exceeds £50—An additional sum of £1 for every £50 or fractional part of £50 above the first £50. Where Counsel is employed. Instructions for Counsel's brief and attending Counsel where the expenses recovered in the case of plaintiff's Solicitor or applied for in the case of defendant's Solicitor— Exceed £15, but does not exceed £50 ... ... ... 0 6 8 Exceed £50 ... ... ... 0 13 4 Brief of documents for each sheet of six folios ... ... 0 1 0 Counsel's Fees. When the amount does not exceed £30... ... ... 110 Exceeds £30, but does not exceed £100 ... ... ... 2 2 0 Exceeds £100 ... ... ... 3 3 0 Taxation of Costs. To the Solicitor attending taxa tion ... ... ... 0 6 8 SCHEDULE II. The fees allowable for service under this Act shall be the fees for the service of processes prescribed by Section 18 of 14 and 15 Vie., Ch. 57. Prevention of Corruption Act, 1906. THE following has appeared in the Parlia mentary papers :— / Q. Sir Samuel Scott. —To ask the Chief Secretary to the Lord Lieutenant of Ireland, if he will state how many applications have been made for the Attorney-General's fiat for prosecutions in Ireland under The Prevention of Corruption Act, 1906 : and on how many occasions permission to bring proceedings has been refused. [20th December, 1912.]

Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) BRIGHTON COUNTY COURT. (Before His Honour Judge Mackarness). WILKINS v. NEALOR AND WIFE. Oct. 25, 1912.— Solicitor and Client—Costs— Retainer—Instructions from Husband for Wife—Bill delivered—Offer to take lump sum. THERE is no statutory definition of the term " bill of costs " in the Solicitors Remunera tion Acts, and, giving the words their natural meaning, they must mean a bill so stated with items specified as to be capable of taxation. A written offer (not accepted) to take a lump sum in settlement of a liability for costs does not amount to a bill delivered, but it may be used as evidence for considera tion by the Taxing Master that the amount subsequently claimed on an item bill is excessive. This was an action by a Solicitor to recover £28 19s. 3d., the amount of two bills of costs for professional services rendered to Capt. and Mrs. Nealor in connection with an arbitration case which took place in April between Mrs. Nealor and the Norwich Union Insurance Co. Mrs. Nealor was claiming, under a policy against burglary, for the loss of a ring of hers said to have been stolen by a waiter at Eastbourne, and the question for the arbitrator was whether under the policy the Insurance Co. were liable. The arbitrator's award was in favour of the Com pany, and the present claim was for the costs incurred by Mrs. Nealor on the arbitration, and also in an action subsequently brought by the Company against her to recover the costs of the arbitration. Capt. Nealor denied that he had ever retained the Solicitors, and Mrs. Nealor raised a similar defence as to one of the bills, and she relied also on a proposal made by the Solicitors to fix their costs at £10 as a bill delivered for that amount.