The Gazette 1914-15

[JULY, 1914

The Gazette of the Incorporated Law Society of Ireland,

Actions concerning Charities.

Sargant, J., considered the facts leading up to the action, and came to the conclusion that there was such a reasonable probability of Benetfink and Co. differentiating their case at the trial from that of A. W. Carriage and Co. as to justify them in putting in a separate defence and employing a separate leading Counsel at the trial, although as the result of the evidence at the trial the case for differentiation mainly disappeared. If, therefore, it lay with him he should hold that Benetfink and Co. were well advised in putting in a separate defence and employing a separate leading Counsel; but it was contended on behalf of the plaintiffs that under Order LXV., r. 27, regulation 8, he was precluded from interfering with the discretion of the Taxing Master on the point, and a decision to that effect by Bacon, V-C., in Beattie v. Lord Elbury (1873), 29 L.T. 419, (1873) W.N. 194, on the corresponding twelfth rule of the old Consolidated Order XL. was relied on ; but in the later case of Ager v. Blacklock & Co. (1887), 56 L.T. 890, Kekewick, J., decided that the question was not purely a question for the discretion of the Taxing Master, and directed a review of the taxation, and His Lordship preferred to follow the later authority. Boswell v. Coaks (1887), 36 Ch. D. 444, was also referred to, but that was not a decision under the rule now in question but was a case in which the House of Lords had in fact delegated its own jurisdiction as to costs to the Taxing Master. His Lordship accordingly directed a review of the taxation on the lines he had indicated. (Reported [1914] Weekly Notes, 293.) MR. W. P. KELLY, SOLICITOR, Has changed his Registered Address FROM 61 BLESSINGTON STREET TO 1 4 FLEET STREET, DUBLIN.

THE Master of recently drew attention to the provisions contained in Section 4 of 30 and 31 Victoria, Cap. 54, which directs that no action can be com menced by any person concerning any relief, order, or direction relating to any charity, without giving notice in writing to the Commissioners of Charitable Donations and Bequests. His Lordship stated that in future he would deprive the plaintiff's Solicitor of costs in any case in which it was necessary to serve the notice and notice had not been served. the Rolls

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