The Gazette 1955-58

anything which if done by the solicitor himself would be calculated unfairly to attract business. It is the duty of a solicitor to make reasonable enquiries before accepting instructions for the purpose of ascertaining whether the acceptance of such instructions would involve a breach of the regulations. The key word is " reasonable " and while it is obvious that normally a solicitor will not be concerned to enquire why a particular client consults him there may be special circumstances which put him on notice particularly where he acts for several parties to a sale. A solicitor who agrees to act for both parties to a sale might be held to have contravened the regulation if there were anything to put him on notice or inquiry that the object of the arrangement between the vendor and the purchaser is to have work done at less than the proper scale charges or that either party had insisted that the other would not be separately represented. 6. The Council repeat their view as to the danger and general undesirability of acting in a dual capacity and point out that the onus of justifying his position will rest on the solicitor if a conflict of interest arises. The following statement of Danckwerts L. J. in Goody v. Baring (1956 I.W.L.R. 448)—an action for negligence against a solicitor who had acted for both vendor and purchaser—is of interest. " It seems to me practically impossible for a solicitor to do his duty to each client properly when he tries to act for both vendor and purchaser." Reference was made to Moody v. Cox. (1917 2 Ch. 71) in which Scrutton L. J. said, " It may be that a solicitor who tries to act for both parties puts himself in such a position that he must be liable to one or the other whatever he does. The case has been put of a solicitor acting for vendor and pur chaser who knows of a flaw in the title by reason of his acting for the vendor and who, if he discloses that flaw in the title which he knows as acting for the vendor, may be liable to an action by his vendor, and who, if he does not disclose the flaw in the title, may be liable to an action by the purchaser for not doing his duty as a solicitor for him. It will be his fault for mixing himself up with a trans action in which he has two entirely inconsistent interests and solicitors who try to act for both vendors and purchasers must appreciate that they run a very serious risk of liability to one or the other owing to the duties and obligations which such a curious relation puts upon them." LAND BOND ORDER 1956—S.I. No. 306/1956. THIS Order creates a series of Land Bonds to a

total amount of £550,000 to be known as " 5!% Land Bonds," issued in denominations of £i, £10 and £100, for the purpose of making advances and paying purchase moneys for the period from ist December 1955 to 3ist December 1957. These Land Bonds shall be inscribed in the books of the National City Bank, and after allocation by the Land Commission Court, shall be transferred to and registered in the names of the persons for the time being entitled to such Land Bonds. Detailed provisions are made for the redemption of these Bonds. HIGH COURT RULES 1957—S.I. No. 12/1957. THESE Rules are deemed to be incorporated with the existing Rules of the High Court and Supreme Court. 1. These rules amend a provision of the High Court Rules 1954 (S.I. No. 131/1954) under Order 16, Rule 3 of the High Court Rules 1926 by pro viding that " an application by any party for an order that the trial of any proceedings elsewhere than in Dublin may be made to a judge at any time either (a) by motion on notice to the other party or parties, or if all parties consent thereto, by motion ex parte." 2. Under Rule 3 of Order 4 of the High Court Rules 1926, the amount to be claimed for costs on foot of a summary summons Form n on foot of liquidated amount shall be the following, after 4th February, 1957 : If the demand does not exceed £5 ... £i 12 o If the demand exceeds £5 but does not exceed £25 ... ... ... 212 o If the demand exceeds £25 but does not exceed £50 ... ... ... 3 2 o If the demand exceeds £50 but does not exceed £300 ... ... ... 4 2 o If the demand exceeds £300 but does not exceed £600 ... ... ... 5 5 o If the demand exceeds £600 ... 6 10 o An additional i5/- for each additional service after the first will be allowed, as well as the costs of the order (if any) for service of summons or notice in lieu thereof out of the jurisdiction, or for substituted or other service, or for the sub stitution of notice of service, or for declaring service affected sufficient, or any notice by advertisement of the issue of the summons. 3. The costs prescribed in Appendix II Part I of the High Court Rules 1926 were fixed for each