The Gazette 1958-61

(ii) there should be separate instructions for each agreement, (iii) the reduced fees would be charged only in respect of short leases or letting agreements.

i.e., they should be charged on the lower scale with discretion to the solicitor to accept a lower fee where justified. (v) Differentiation between the fees of the lessor's and lessee's solicitors is too great. Having regard to the responsibility thrown on the lessee's solicitor he should receive a fee equal to seventy five per cent, of the lessor's solicitor's fee. (vi) The new Schedule 2 giving the solicitor a negotiation fee where he negotiates a lease will be applied to registered land if the Land Registration Rules Committee adopts the new Schedule 2. (vii) At common law in the absence of a stipulation to the contrary the lessee must pay the lessor's costs. This does not apply to a transaction which is really a sale effected by way of lease having regard to the decision of Dixon, J. in Sims v. Ilet Ltd. (1960 Calendar, page 576). The Committee are in favour of a change in the law whereby the parties to any lease should each pay their own costs. This could be done only by legislation as has been done in England. The Department of Justice should be asked at an appropriate time to seek legislation to this effect. (viii) The Committee are of opinion that the question of increasing or altering the commission rates should be postponed until the law has been altered as recommended in paragraph (vii). The Council having considered this report decided that an application should be made in due course to the Statutory Body under the Solicitors' Remunera tion General Order, 1881 for a new Order consolidat ing the Solicitors' Remuneration General Orders, 1884 to 1961 and including an amendment providing that the commission scale fees for leases of un registered land shall be the same as those for registered land. Consideration of the other matters mentioned in the Committee's report was postponed until such time as the law can be amended to provide that the respective parties to any lease will each pay their own costs. Series of leases—reduced charges A member who acts for a company engaged in the construction of houses for employees was asked to prepare a standard form of letting agreement. The only matters to be inserted will be usual particulars of the tenant's name, date of letting, amount of rent, etc. He enquired whether he could charge reduced fee. The Council stated that there would be no objection to a reduced charge provided that (i) Member reserves the copyright in the agreement and the right to charge extra fees in any case where the work justifies it.

COURTS (SUPPLEMENTAL PROVISIONS) BILL, 1959

Section 45 of the Bill as introduced proposes to abolish the present mode of address in Court to the Chief Justice, Judges and the District Justices and to substitute a form of address in the Irish language. The following resolution passed by the General Council of the Bar of Ireland was received by the Council of the Society : It is the opinion of the Council that the provisions of Section 4 5 of the Courts (Supplemental Provisions) Bill, 1959, as introduced are objectionable on the grounds:— 1. That they are inconsistent with the Constitution and in particular with the provisions of Articles 8(2) and 34 thereof. 2. That they will unnecessarily interfere with the traditional and established mode of address in Court and inevitably tend to confusion and loss of dignity. 3. Because they would impose an embarrassment on the professions and the public involving loss of dignity to the Courts and do a dis service to the advancement of the Irish language and in any event would not be capable of enforcement. Further, the Council regret that such an alteration as now proposed in the procedure and usage of Court should have been advocated without prior consultation with the Bar. By direction of the Council a letter was written to the Department of Justice stating that the Council of the Society support the resolution of the Bar and further stating that in the opinion of the Council the mode of address of the judges and other matters of procedure should be laid down by the statutory Rules Committees with which the judges are associated and that it is wrong in principle that such matters should be prescribed by direct statutory enactment. PROCEEDINGS AGAINST SOLICITORS By Order made on zjth January, 1961 the Chief Justice directed that the name of John B. Sullivan, Solicitor of Mallow, County Cork, shall be struck off the Roll on the ground that he had committed misconduct as a solicitor. 89