The Gazette 1946-49

The Council that having regard to the fact that the solicitor received the in structions personally from the settlor, P.P., he would be unwise either to register or stamp the deed contrary to the settlor's instructions, or to act for either of the parties in the event of litigation concerning the settle ment, particularly having regard to the fact the solicitor may be called as a witness, and that ques tions of privilege will arise. Medical reports by doctors acting for insurance companies : THE Council considered a report from a Committee on a letter from a member referring to what was stated to be the growing practice of insurance com panies of obtaining reports from members of hospital staffs where insured persons are under treatment without the consent of the patient, and also to the alleged practice of some doctors making medical examinations on behalf of insurance companies of including in their reports information obtained from the patient concerning the circumstances of the accident unconnected with his medical condition. It was ordered that a copy of the letter should be sent to the Medical Council for their observations. Jurisdiction of the District Court in civil cases : A COMMITTEE of the Council reported that this matter had been considered, and that a circular had been sent to the Bar Associations requesting their views, but that up to the present only half the Bar Associa tions have replied. It was ordered that the matter should be postponed pending a further circular to the Bar Associations. Marriage Settlement : COSTS of transfer of property following an agreement for a marriage settlement. On the occasion of an intended marriage, Mr. A., Solicitor acting for the intended wife prepared a draft pre-nuptial agree ment, and submitted it for approval to Mr. B., Solicitor for the settlor and his son, the intended husband. The intended wife agreed to bring a sum of ^1,000 into the settlement, and the settlor agreed to transfer to the intended hus band certain premises on the celebration of the marriage. The document was duly executed by all parties. The marriage was celebrated, and arrange ments are now being made to transfer the premises in accordance with the terms of the agreement. The Council expressed the view that it is the privilege of the wife's solicitor to draw up and register the transfer, and the duty of the husband to pay the expenses thereof. expressed the opinion

Costs of defending proceedings under the Road Traffic Acts : A MEMBER reported that his firm had acted for die defendant in a prosecution under the Road Traffic Act with the consent of an insurance company which had issued a policy of insurance to the defendant. The defendant was a regular client of the solicitors who conducted the defence, but these solicitors did not act generally for the insurance company. The insurance company wrote to the solicitors stating that they were agreeable that they should defend die proceedings, and that they would pay the sum of 2 guineas. The Council expressed the view that a fee of 2 guineas in a case of diis kind is inadequate, and that the minimum fee which should be offered and accepted is 4 gns. Solicitors' Bill : THE Council considered the draft Solicitors' Bill, 1949, prepared by the parliamentary draftsman, and sub mitted to the Society. They also considered a report from the Solicitors' Bill Committee which stated that the draft Solicitors' Bill, 1949, had been compared carefully with the draft Solicitors' Bill, 1943, sub mitted by the Council on behalf of the Society to the Department of Justice in April, 1943, and later amended with the authority of general meetings of the Society, and that the parliamentary draftsman's Bill was substantially the same as the 1943 draft. It was ordered that the matter be referred to the Solicitors' Bill Committee with authority to take the matter up with the Minister for Justice and the Government with a view to having the Bill intro duced in Dail Eireann as soon as possible. Legal Diary : THE Secretary reported that following negotiations between the Society and the Minister for Finance and Messrs. Browne & Nolan, the Minister had agreed to increase the State contribution to the Legal Diary, and that Messrs. Browne & Nolan had agreed to continue publication. Application Under Section 47 t AN application under Section 47 was considered by granted on payment of the current licence duty. STAMP DUTY ON LEASES IN the last issue of the Gazette it was reported that Mr. Justice Maguire had held in the case of John O'Sullivan, appellant, and the Revenue Commis sioners, respondents, that Section 13 of the Finance (No. 2) Act, 1947, does not apply to leases, and that property which was disposed of by way of lease in 68