The Gazette 1949-1952

April, 1950

Vol. 43 No. 10

THE GAZETTE of the INCORPORATED LAW SOC IETY OF IRELAND

President

Vise-Presidents

Secretary

W illiam J. N orman

T homas A . O ’R eilly D ermot P. S haw

E ric A. P lunkett .

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF COUNCIL 23RD M arch : The President in the Chair. Also present: Messrs. T. A. O’Reilly, Vice-President, Dermot P. Shaw, Vice-President, William S. Hayes, Francis J. Gearty, JohnDundon, James J. O Connor, Desmond R. Counahan, J . Travers Wolfe, Henry St. J. Blake, Derrick M. Martin, John Carrigan, Niall S. Gaffney, John R. Halpin, Sean 6 hUadhaigh, Louis E. O’Dea, Daniel O’Connell, G. A. Overend, G. J. O’Donnell, Wm. S. Huggard, Reginald J. Nolan, John J. Nash, Joseph P. Tyrrell. The following was among the business transacted : Costs o f debt collecting letters T he opinion o f the Council was sought as to whether a solicitor acting for a creditor should apply lor payment by the debtor of the costs of the application for the debt. The creditor was the employee o f an institution and made a claim for holiday money alleged to be due under the holidays (Employees) Act, 1939. The claim was based on one day’s pay

in lieu o f holidays for each month since July 1949, together with three days’ pay for the Christmas holidays, making nine days’ pay, which, at the rate of £ 13 0 per annum amounted to £3 4s. id. The Secretary to the institution disputed the basis of calculation on the claim, and subsequently the claim was reduced to five days’ pay. The solicitor for the creditor in agreeing to reduce the claim requested payment of the amount due, together with one guinea costs. In the Society’s Gazette for 1945, the Council published the following opinion :— “ The Council has recently considered the practice of including demands for costs in solicitor’s letters applying for payment of debts before the institution o f proceedings. The Council expressed the opinion that the practice, in so far as it now exists, should be discontinued. The opinion o f the Council is limited to applications for immediate payijient of liquidated debts, within the meaning o f the term in Allen v. O’Callaghan (10 I.L.T .R . 13 1).” The Council expressed the opinion that on the 61