The Gazette 1921-25

F- FEBRUARY, 1922]

The Gazette of the Incorporated Law Society of Ireland.

49

1st day of January, 1920, pursuant to the General Orders under the Solicitors Remuneration Act of 16th April, 1884, and 17th May, 1920, and these charges are now allowed at those rates on taxation.] KING'S BENCH DIVISION (ENGLAND). (Before LUSH, J.) La Roche v. Armstrong. Jan. 19, 1922.—Solicitor and Client — Evidence —Letters marked " without prejudice " — Negotiations for settlement—Sum ofmoney handed by client to Solicitor — Claim by Third Party against Solicitor—Admis- sibility of letters—Verbal admission by client — Admissibility — Protection of Solicitor—Implied trust. On the 23rd March, 1920, the plaintiff's son died abroad. For some time previously the deceased had been engaged to be married to Miss B. Shortly before his death the deceased had sent to Miss B. in London £200, and it was alleged by the plaintiff, who sued as administrator of his son's estate, that this money was sent to her for the purpose of furnishing a flat for their occupation after their intended marriage. The plaintiff accordingly claimed that the money remained the property of the deceased, and that Miss B. held it as part of the estate of the deceased in trust for and as money received to the use of the plaintiff as administrator of the estate of his deceased son. On the other hand, Miss B. alleged that the money was given to her for her personal use, and

she handed part of to her Solicitor, who was the defendant in the action. Certain letters were written by the defendant as Miss B.'s Solicitor to the pliantiff's Solicitors. The letters were marked '' without prejudice," and one of them contained an offer on behalf of his client to pay over to the plaintiff the balance of the £200 which she had received from the deceased, and stating that the balance in her hands was now £115, and another contained an admission that Miss B. had handed over to the defendant the £115. It was sought on behalf of the plaintiff to put these letters in evidence as well as certain verbal admissions which had been made by the defendant's client in the absence of the defendant, with regard to how she had received and dealt with the money. Held, that the general principle with regard to letters written " without prejudice" applied just as much for the protection of the Solicitor as for his client, and that neither the letters nor the verbal admissions of the client made in the absence of her Solicitor were admissible against the Solicitor in the circumstance of this case. (Reported The Law Times, Feb. 4, 1922.) the money

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