The Gazette 1914-15

The Gazette of the Incorporated Law Society of Ireland.

JULY, 1914]

33

Preliminary Examination Prizes, 1913-14. The Council awarded a Gold Medal to James J. Davidson, and a Silver Medal to Robert C. Bathurst. Final Examination. At the Final Examination, held upon the 25th, 26th and 27th days of May, the follow ing passed the examination, and their names are arranged in order of merit :—

Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.} CHANCERY DIVISION (ENGLAND). (Before Sargant, J.) A. G. SPALDING v. A. W. GAMAGE, LTD. June 24, 25.— Practice — Costs—Taxation— Two defendants appearing by same Solicitor — Separate defences and leading Counsel—Discretion of Taxing Master— Rules of the Supreme Court (England}, 1883, Order LXV., r. 27 (8), with which rule 65 (8) of Order LXV. of the Rules of the Supreme Court (Ireland}, 1905, corresponds. SUMMONS taken out by defendants to review the Taxing Master's certificate. The action was originally brought on the 30th of August, 1912, against A. W. Gamage and Co., alone, who were charged with selling goods which were in fact the plaintiff's goods, under a representation that they were a different class of goods from what they were in truth. On the 30th October, 1912, the defendants, Benetfink and Co., Ltd., a com pany in which A. W. Gamage and Co. held some three-fourths of the share capital and a controlling interest, were added as defen dants, and an injunction and damages were claimed against both defendants. Both defendants appeared by the same Solicitor, but put in separate defences and employed separate leading Counsel at the trial. Sargant, J., decided in favour of the plaintiffs, and granted an injunction together with an inquiry as to damages. The defen dants appealed, appearing on the appeal by the same Counsel, and the Court of Appeal reversed the decision of Sargant, J., and dismissed the action with costs in the Court below and in the Appeal Court. On the taxation of the costs in the Court below the Taxing Master disallowed the costs of the separate defence put in by the defendants, Benetfink'and Co., and the employment by them of separate leading Counsel, for the reason that the two companies were practically identical.

1. William R. Richards. 2. Aloysius M. Dunlea. 3. Valentine W. Miley, B.A., Oxon. 4. Patrick E. Rogers. 5. James A. Henderson) -p. , Michael P. Moran j *iquaL 7. James Toner. 8. John MacDonald. 9. George E. MacCarthy. 10. Cedric C. Mecredy, B.A., T.C.D. 11. Frederick H. Hall, B.A., T.C.D. 12. Robert E. H. Stack. 13. Christopher C. Shaw. 14. William A. F. Barry. 15. John D. O'Connell. 16. Philip F. M. Lavery, B.A., N.U.I. 17. Daniel J. Galvin.

18. John C. J. Murphy. 19. John T. McConnell. 20. Esmonde A. Power. 21. John L. Burke. 22. James Murray.

23. William Cairns, jun. 24. William O'K. White. 25. John S. Mitchell. 26. W. J. Magnicr, jun., B.A., T.C.D. 27. Robert I. Archer. 28. Ivan A. Howe, B.A., T.C.D. 29. Hugh C. F. O'Doherty. The remaining candidates were postponed. Thirty-four candidates attended : twenty- nine passed ; five were postponed. Final Examination Prizes. The Council awarded a Gold Medal to William R. Richards, Silver Medals to Aloysius M. Dunlea and Valentine W. Miley, and Special Certificates to Patrick E. Rogers, James A. Henderson and Michael P. Moran.