The Gazette 1955-58

AUGUST, 1956

Vol. 50 No. 4

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

Pretident DERMOT P. SHAW

Surttary ERIC A. PLUNKETT

Vici-Prisidentt RALPH J. WALKER GEORGE G. OVEREND

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL. JULY I9TH: The President in the Chair. Also present Messrs. G. G. Overend, Ralph J. Walker, Vice-Presidents, John R. Halpin, Francis J. Lanigan, James R. Quirke, Arthur Cox, John J. Sheil, Francis X. Burke, Joseph Barrett, Derrick M. Martin, Scan 6 hUadhaigh, John J. Nash, James J.O 'Connor Reginald J. Nolan, R. McD. Taylor, Francis J. Gallagher, Peter E. O'Connell, Joseph P. Tyrrell, Terence de Vere White, Desmond J. Mayne. The following was among the business transacted. Item charges under Schedule 2 S.R.G.O. 1884 A Sub-committee which was appointed to consider proposals and draft any necessary submission to the statutory committee under the Solicitors' Re muneration Act 1881 for an increase in the present item charges reported that the case should be supplemented as far as possible with figures of solicitors' gross earnings and expenses in 1938 and 1956, and that a questionnaire should be drawn up for circulation to the profession or selected members. The Committee's report was adopted and the Council referred the matter back for the necessary action.

Long lease not at rack rent. BY lease of 4th July, 1896, premises were demised for 61 years at the yearly rent of £60 by A to B. C. took part of the property with a publican's licence by sub-lease dated ist May, 1939 for 16 years at the yearly rent of £35. C has now obtained a renewal lease from A of the last mentioned premises for a term of 65 years from ist May, 1955 at the yearly rent of £50 with the usual covenants and conditions. The property consists of a two-storey shop, licence and dwellinghouse with the yard at rere. The landlord's valuer suggested a rent of £75 and the tenant's and lessee's valuers suggested -£50 which was agreed. The rateable value is £26 and both parties agreed that C would in all prob ability have had rights of renewal under the Landlord & Tenant Act, 1931, but the rights were lost as the lessee failed to serve notice of intention for renewal or relief under Section 24. Members asked on submission to arbitration whether the costs should be drawn on the higher scale or on the lower scale applicable to leases at a rack rent. A committee whose report was adopted by the Council stated that the costs are payable on the scale appropriate to a long lease not at a rack rent.