The Gazette 1955-58

or before the 3oth September, 1957, be Moya Quinlan, Solicitor, of 15 Parnell Square, Dublin. 3. Rule 51 of the Labourers (Ireland) Order, 1912 and rule 52 of the said Order as inserted therein by the Labourers (Ireland) Order, 1914, shall, as respects business undertaken by a solicitor on or after the ist day of October, 1957, cease to have effect. GIVEN under the Official Seal of

of liability. The plaintiff, refusing this sum, pro ceeded to trial by a jury. At a trial, the only question submitted to the jury was the assessment of dam ages, and their apportionment between the defend ants. The jury assessed the damages at £1,860, and Lord McDermott, L.C.J. entered judgment for the plaintiff for this sum, ordering the return of the balance to the defendants. As a result of a lengthy legal argument lasting five days before the Court of Appeal (Porter and Black, L.JJ. and Sheil, J.), the decision of the Lord Chief Justice was reversed, and judgment was unanimously entered for the defendants. On taxation, the Taxing Master disallowed the costs of a second senior counsel in the Court of Appeal, giving as his reason that, on his view of the authorities, a third counsel would only be allowed in cases of great magnitude, difficulty and importance. As the amount involved in the Court of Appeal was only £250, the case, in his opinion, could not be regarded as one of great magnitude. On appeal, Black, L.J., who had been a member of the Court of Appeal hearing the case, held that the Taxing Master had erred in regarding these three elements as being conjunctive, and, that, as the case was not only of great difficulty but also of considerable importance the costs of three counsel should have been allowed in accordance with the usual practice in Ireland, as approved in a series of reported cases, which, sitting as a Judge of first instance, he considered he was bound to follow. (McCormick v. Harland & Wolff Ltd. (No. 2)— (1956) N.I. 170). LABOURERS ACTS (SOLICITORS' REMUNERATION) ORDER, 1957 S.I. No. 144 of 1957 THE Minister for Local Government in exercise of the powers conferred on him by section 31 of the Labourers (Ireland) Act, 1906, after consultation with the President of the Incorporated Law Society of Ireland, hereby orders as follows :— 1. This Order may be cited as the Labourers Acts (Solicitors' Remuneration) Order, 1957. 2. The Taxing Officer for the purposes of rule 51 of the Labourers (Ireland) Order, 1912 and rule 52 of the said Order as inserted therein by the Labourers (Ireland) Order, 1914 shall, as respects business undertaken on

the Minister for Local Govern ment this fifth day of July, One Thousand Nine Hundred and Fifty-seven. PATRICK SMITH, Minister for Local Government

EXPLANATORY NOTE This note is not part of the instrument and does not purport to be a legal interpretation. Rule 51 of the Labourers (Ireland) Order, 1912 and rule 52 of the said Order as inserted therein by the Labourers (Ireland) Order, 1914, regulates the remuneration of solicitors acting for local authorities acquiring land for the purposes of the Labourers Acts, 1883 to 1956 and of solicitors acting for vendors of such land. The effect of this Order is to revoke these rules as respects business undertaken on or after ist October, 1957 ; there after the remuneration of solicitors for such business will be that ordinarily payable for such business. This Order also appoints a taxing officer to tax costs under the Labourers Orders, 1912 and ig^inre- spect ofbusiness undertaken before istOctober, 1957. The position as to election is important. As respects business undertaken by a solicitor, on or after ist October, 1957 the costs will be regulated by the Solicitors' Remuneration General Orders, 1884 to 1951. Clause 6 of S.R.G.O. 1884 provides that in all cases to which the scales prescribed in schedule i apply a solicitor may before undertaking any business by writing under his hand communicated to the client elect that his remuneration shall be according to the present system as altered by Schedule II, but if no such election is made the remuneration shall be according to the commission scale fee. If a solicitor wishes to charge by items in respect of business undertaken on or after ist October, 1957 // will be necessary to elect therefor in accordance with clause 6 above by notice in writing to the client and, as a matter of precaution, to the acquiring authority.