The Gazette 1944-46

APPLICATION FOR SERVICE OUT OF THE JURISDICTION IN Bloomfield v. Serenyi (1945, 2 All. E.R. 646), the English Court of Appeal passed some comments on the duty of a solicitor as an officer of the Court in regard to satisfying himself that all material facts have been disclosed in the affidavit grounding an application for service out of the jurisdiction. The action was commenced in England against the defendant Serenyi, who was the director of a Swiss Company, claiming commission on the sale of a patent and other relief. The Swiss company was the real and substantial defendant against which the action was intended to be brought, but the facts of the case were such that in order to institute proceedings against the company in England the plaintiff was driven to rely on the English R.S.C. Order XI r. i (g). This order, which is identical with our Order XI r. i. (b}, provides that the Court may allow service of a writ of summons out of the jurisdiction whenever any party out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction. The plaintiff's solicitor, having issued the writ and had it served on the defendant Serenyi in England, applied to the Master under Order XI r. i. (g) for leave to serve it on the company in Switzerland. The application was based on an affidavit by a clerk of the plaintiff's solicitor which averred, inter alia, that the plaintiff had a good cause of action against both defendants and that both of them were jointly indebted to the plaintiff in respect of commission and remunera tion. The Master relying on this affidavit granted the application without seeing either the writ of summons or the statement of claim. On an applica tion by the defendant company to set aside the order of the Master the Court of Appeal, affirming the High Court, held that the order for service out of the jurisdiction should not have been made, on the ground that if the affidavit grounding the application had made full disclosure of all material facts the Master would have seen that no action in fact lay against the first named defendant Serenyi, and consequently as there was no necessary or proper party to the action within the jurisdiction, Order XI r. i. (g) did not apply. Per Scott, L.J.: " I cannot help thinking that the deponent must have been erroneously instructed, perhaps quite innocently, by the plaintiff as to what the position was. But I want to say definitely that it is the duty of a solicitor, asked to obtain leave under R.S.C. Order n to examine with care the material put before him for thepurpose of so acting, and to make sure that he does know the real case that his client

has before he makes or allows a clerk to make an affidavit upon which the Court must necessarily rely."

SOLICITORS' GOLFING SOCIETY. THE Annual General Meeting of the Society was held in the Solicitors' Building on the zist March, the Captain (Mr. William C. M. Corrigan) in the chair. The following officers were elected for the year :— President: Mr. Daniel O'Connell, President I.L.S. Captain : Mr. James J. Hickey. Hon. Treasurer: Mr. T. D. McLoughlin. Hon. Secretary : Mr. A. Marshall. The President of the I.L.S. was present and was welcomed by the Chairman. It was decided to hold the Summer Meeting at The Grange Golf Club on the 23rd May, when the following Competitions will be played :— Society's Challenge Cup—18 holes strokes. Prize to the winner presented by the Captain. The Veterans' Challenge Cup (presented by the late E. H. Burne), open to all members over 50 years of age—18 holes strokes. The St. Patrick's Plate (presented by the late Alfred Lane Joynt), limited to handicaps of 12 and under. The Annual Dinner will.be held in the Grange Club House after the meeting. Now that travelling facilities have been extended, it is hoped to increase the membership of the Society, and all solicitors interested are requested to communicate with the Hon. Secretary, 119 Stephen's Green, Dublin. The Officers are anxious to revive the practice of holding one of the Society's outings at a course outside Dublin, and are planning to hold the Autumn Meeting at one of the country Clubs. It is hoped, however, that country members will support the Summer Meeting in Dublin. The annual subscription to the Society is IDS. od., which covers the entrance fee to the Competitions at both the Summer Meeting and the Autumn Meeting. LAW TERMS. THE Easter Law Sittings will end on the i8th May. The Trinity Law Sittings will begin on the 3rd. June and end on the 3151 July.