The Gazette 1946-49

foot of the said costs after getting all just credits on account thereof" with the following additional words added by the applicant on the advice of his solicitor " insofar as the same became legally chargeable to me." The requisition as so amended was returned to the applicant's former solicitor and the bill of costs was taxed on foot of the requisi– tion. The applicant now alleged that he had never retained the petitioning creditor in connection with the sale the subject matter of the bill of costs and that his right to raise this point was safeguarded by the additional words added to the requisition for taxation. It was held by Overend, J. (i) that not– withstanding the insertion of the qualifying words " insofar as the same became legally chargeable to me " there was a clear admission on the face of the requisition that the petitioning creditor had been retained as solicitor; (2) that having signed the requisition in respect of -the bill of costs which included the sale transaction it was not open to the applicant to raise the question of the solicitor's retainer in regard to the entire of that transaction, ON an appeal from the Circuit Court, Davitt, J. decided a question as to the liability of an unsuccess– ful plaintiff for the costs of two separate defences entered by a solicitor and the assistant solicitor in the firm, acting separately for two defendants. The action was for slander of title against two defendants who consulted a firm of solicitors. An appearance and defence were entered on behalf of the first-named defendant by the principal in the firm and an appearance and defence were entered on behalf of the second defendant by a solicitor who was a salaried partner. Evidence was given that there was no partnership agreement between the principal and the salaried partner but that under the Business Names Act, 1916, both their names were registered as carrying on business under the name of the firm. In addition to receiving a salary the salaried partner on a number of occasions acted personally on the principal's instructions in his own name and for his own personal profit and it was understood in the case before the Court that the salaried partner should act for the second defendant and that the costs of so acting should be his own personal property. The County Registrar allowed each defendant his full costs of appearing and defending the action by his own solicitor. In an appeal against the taxation of the costs it was submitted for the unsuccessful plaintiff that there was no conflict of interest between the defendants and that one appearance and one defence in Court would have been sufficient and furthermore that In re Tobin v. Hourihane and Cahalane, (80 I.L.T.R. 60)

from the relationship of the defendants' solicitors one set of costs only should be allowed to the defendants. Davitt, J. delivering judgment said that he was satisfied that separate defences were necessary and affirmed the decision of the County Registrar with costs. The Uninsured Driver SOLICITORS concerned with running down cases will be interested to learn of a scheme which has been adopted in England between the Minister for Transport and the Motor Insurers. An agreement has been made setting up a Motor Insurers' Bureau which deals with compensation of third party victims of road accidents caused by road vehicles, and damages awarded by the Courts which such third parties are unable to recover from a motorist who has failed in his statutory obligation to insure or where the policy is rendered inoperative for some reason. The motor vehicle insurance companies have agreed with the Minister of Transport to keep the Motor Insurers' Bureau in funds and the bureau will pay to persons who succeed in establishing claims for damages against uninsured drivers of motor vehicles the amount which they would have received for damages and costs had the driver been insured in the ordinary way. The scheme is also applicable where a motor vehicle driver has lost the benefit of his policy by breaking the conditions thereof. An important fact of the scheme is that compensation will be paid by the Crown on the same scale as would be paid by the bureau if the accident were caused by a private car. The scheme is an admirable one as it is intended to provide for a situation which although of infrequent occurrence is a source of very great hardship where it arises.

SUPREME COURT AND HIGH COURT SITTINGS, 1946-47

... loth October to zist December, 1946. ... nth January to 3ist March, 1947. ijth April to iyth May, 1947.

Michaelmas

Hilary... Easter... Trinity

... ...

znd June to 3151 July, 1947.

High Court and Supreme Court Rules 1946 COPIES of these Rules, made on the z^th May, 1946, which slightly alter the form of Originating Sum– monses, are now on sale at the Government Publications Sale Office, 3/4 College Street, Dublin, or through any Bookseller, Price, 3d.