The Gazette 1955-58

case depends on the simple terms of art. i (D) of the Order, 1925. This is registered land. By the Order of 1925 the remuneration of solicitors in regard to conveyance of registered land is regulated by virtue ot the order, so that under para. (D), for every completed transfer on sale where the land is registered with absolute or good leasehold title, the remuneration shall be that prescribed in the schedule thereto. In my judgment it follows from those words that, the seller being liable to his solicitor by virtue of the order, which I have read, to pay a scale charge on a completed transfer, those costs are inevitably, within the fair meaning of s. 82, charges and expenses, incurred on the part of the seller, of the conveyance and assurance of the lands. I cannot for my part see any escape from that effect of the words which I find in this order." (Re Padwick's Estate, Poplar —1955 2. All E.R. 638). Duty of a Solicitor. A solicitor was suspended by the Disciplinary Committee of the English Law Society from practice for two years after having been found guilty of breaches of sections 7, 10, n of the Solicitors' Accounts Rules, 1945, section i of the Solicitors Act, 1941, and of conduct unbefitting a solicitor in that he— (a) Utilised clients' money for his own and certain other clients' purposes ; (b) Failed to advise a client to seek advice from an independent solicitor in relation to a transaction in which he was personally interested; (i) Failed to supervise his unadmitted managing clerk, thereby enabling the latter to obtain a client's signature to a will which was not in accordance with the client's wishes. The Committee stated that although it would have been difficult to exercise supervision over the managing clerk it was deplorable that an unadmitted managing clerk should have been able to prepare and execute a will of the contents of which his principal was unaware. • • The respondent had borrowed money from a client, an elderly lady of modest means in cir cumstances where, although the respondent himself had stated that the loan was fully secured, there was in fact at no time proper security and at one time no security at all. Even had the loan been fully secured the respondent was clearly under a duty to advise his client to seek independent advice. The Committee added that they had taken into account the respondent's history of accidents

Compulsory acquisition. Scale fee although no negotiation. The London County Council bought, under a compulsory purchase order made under the Town and Country Planning Act, 1944 and 1947, certain freehold land registered under the Land Registration Act, 1925, with absolute title. The transaction having been completed, the vendors' solicitors submitted to the vendors a lump sum bill for the work done in connection with the conveyance of the land to the council, charging the scale fee appropriate to a completed transfer on sale of registered land under the Solicitors' Remuneration (Registered Land) Orders, 1925 to 1953. The vendors sought to recover the amount from the council as charges and expenses which the latter were required to bear by s. 82 of the Lands Clauses Consolidation Act, 1845. Failing agreement between the parties, the bill was taxed under s. 83 of the Act of 1845 and was allowed. On appeal from review of taxation. Held by Court of Appeal (Sir Raymond Evershed, M.R., Jenkins and Parker, L.JJ., affirming Harman, J.) that the bill was rightly allowed against the council because the proper remuneration of the vendors' solicitors for the work of conveyance and deducing title, etc., mentioned in s. 82 of the Lands Clauses Consolidation Act, 1845, was, by virtue of art. i (D) of the Solicitors' Remunera tion (Registered Land) Order, 1925, the scale fee for a completed transfer on sale, which accordingly became payable by the council under s. 82, notwithstanding that the scale fee might in suitable other circumstances cover not only work mentioned in s. 82 but also certain other work not mentioned there, e.g., work of negotiating the contract. Per Evershed, M.R., " The burden of the applicants' argument which I have already anticipated is that the liability under s. 82 of the Lands Clauses Consolidation Act, 1845, is limited, broadly speaking, to the costs and charges incurred in respect of the conveyance and other matters properly ancillary thereto, matters of title and so forth— in respect of matters, as he says, arising after the date of any contract which the solicitor might have been employed in drafting or perusing. Therefore, says counsel for the applicants, it will be seen that para. (H) of the Order ot 1925, by making the remuneration extend to and cover, and in effect be remuneration for, matters other than those specified in s. 82, imposes or would if it were applicable, impose on the acquiring authority a liability to pay costs greater than s. 82 ordained ... I think, that the answer to the present