The Gazette 1955-58

business when the papers are submitted in order by a solicitor. The following information was received in reply. Land Registry. (Official reference D.R. 27/9/56) In the case of transfers on sale, voluntary transfers (not including transfers of part requiring Land Commission consent to sub-division) release of registered charges or transmissions on death, registration would be completed in seven days from the date of the application. In cases of applications to discharge equities, assuming the case is free from complexity and that prompt replies to examiners' rulings are received completion of the case should be effected within four weeks. Rulings on title in applications to discharge equities are normally issued within seven days from date of lodgment of the application. Certified copy folios can be issued in four days and copy maps in seven days from the date of application. Some delay will occur in issuing copy maps if the Ordnance Survey are not in a position to supply the necessary Ordnance Sheet promptly. The periods given will not apply in the case of an application or dealing which is in any way defective. In such cases requisitions will issue to the solicitor on record. Arrears of work sometimes occur in branches of the Registry owing to increases in the numbers of dealings and applications and at such times the normal periods for dealing with business may be longer. Land Commission. (Official reference S.R. 83/56 29/9/56). Certificates of redemption value are issued within four working days of receipt of the application in order, i.e., specifying the correct collection number and payer's name. Sub-division applications not involving the creation of uneconomic units or the disposal of Land Commission allotments are dealt with within a fortnight from receipt of the application in order. About 70 per cent, of applications are in this category. Other cases involve local enquiries and take longer. The average time in such cases is about one month from the date of application in order. Copies of documents other than maps will be supplied within two weeks from the date of the payment of the fee specified in Appendix II Land Purchase Acts Rules 1951 (S.I. No. 50 of 1951). In the case of maps the fee is assessed and quoted within one week of receipt of the application in 63

The plaintiff being dissatisfied with this ruling, lodged a notice of objection on the 4th February, 1956, to the disallowance of the experts' fees on the grounds that it was essential that the plaintiff should obtain estimates and so forth from these expert witnesses to enable him to formulate his claim and that the statement of claim could not have been completed without these reports and estimates. By his report of the 2ist February, 1956, the Taxing Master on this objection reported : " In my view these items of outlay incurred in preparing the plaintiff's claim are special damages and may not be recovered as costs of action and I so report to this honourable Court." The plaintiff moved by notice of motion to review the taxation and to allow the objection of the plaintiff to the finding and ruling of the Taxing Master in his report of the 25th February, 1956, and the matter coming before Mr. Justice Murnaghan on the I5th June, 1956, the learned judge ordered that the costs be referred back to the Taxing Master to review his taxation of the experts' fees, " the Court holding that the said items are not special damages but rather items of costs and should be dealt with as such by the Taxing Master such items being items which the Taxing Master might properly allowinfullor in part." An important point for the profession was also involved in regard to the fee claimed for instructions for statement of claim £31 los. The practice of the Taxing Masters has been to allow a maximum fee of £15 ijs., on the basis that a solicitor does no substantial work in an action until he has prepared the case to advise proofs. It was strongly urged that such a general principle would be incorrect as in many cases a solicitor in duty to his client must undertake a considerable amount of work before filing the statement of claim for which a fee of £15 155. would be completely inadequate and that the Taxing Masters should not be bound by any particular figure. The Taxing Masters reduced the instructions fee from £31 jos. to £15 ijs. The plaintiff lodged objections and the Taxing Masters having increased the fee to £21 the matter was not taken any further. While the matter is still open the Council feel that the result of this case is authority for the proposition that the fee for instructions for statement of claim should not be subject to a fixed maximum but must be decided with reference to the facts of the particular case. BUSINESS WITH GOVERNMENT AND COURT OFFICES. THE Secretary recently wrote to the heads of the various offices asking for particulars of the times normally taken to deal with various classes of