The Gazette 1961 - 64

Week-end Meeting 1965 It was decided that the weekend meeting of the Society to be held in 1965 should be at Athlone and the Secretary was instructed to get in touch with the Midland Bar Association to request their co-operation. Registration of Titles Bill 1963 The Council referred the Bill to the Parliamentary Committee for consideration and also to the Dublin Bar Association and to the Southern Law Association for the opinions of their respective Councils. Liability for costs of a sale by way of long lease A Committee of the Council reported on the following matter submitted to them for arbitration. A building contractor by agreement dated I9th September, 1962 agreed to sell to the purchaser therein mentioned by way of lease certain premises for 999 years at a fine of £3,000 and a yearly rent of £15. In the agreement no mention was made of the liability of the purchaser for costs except for a provision that "the vendor shall execute a lease of the premises such lease to be prepared by and at the expense of the purchaser". On receiving one part of the agreement referred to duly executed by the purchaser the vendor's solicitors stated in corres pondence that in view of the fact the the purchaser would be paying to them the costs of the lease they had prepared the draft and were sending it on for approval. The purchaser's solicitor denied any liability for costs and stated that he could not approve of the draft lease as submitted unless his requisitions on title were answered. He returned the draft lease approved of on the understanding that his out standing requisitions on title would be complied with. He contended that in view of the fact that the transaction was in reality a sale carried out by way of lease the normal common law rule relating to the liability of a lessee for the lessor's costs did not apply and that it was the same as an ordinary sale. He further contended that the vendor's solicitors were not entitled to seek the costs of preparing the draft lease as they took it upon themselves without his consent or agreement to prepare such draft lease. The following questions were submitted for arbitration: i. Whether in view of the fact that the purchaser had not consented to the preparation by the vendor of the lease the purchaser should be responsible for the vendor's costs of preparing same.

2. Whether the purchaser is responsible for the vendor's costs for furnishing title. 3. If reply to (2) is yes, the amount of the costs for which the purchaser would be so respon sible. The Council on a report from the Committee rule that: 1. The transaction was a sale governed by the decision in Sims Clarke v. Ilet Limited (opinion 79 (a) ) and accordingly neither party was liable for the costs of the other. 2. The purchaser was entitled to get, free of charge, whatever title was to be given under the contract and accordingly (3) did not arise. Solicitors' name on advertising hoarding A member enquired if it would be in order for him to give permission to builders who were clients of his to exhibit advertising boards and hoardings advertising houses for sale under their name with brief particulars of the houses followed by the words "For full particulars apply to XY & Co. solicitors" (including the professional address of the firm) or, alternatively, giving the name of the firm without the description solicitor, and the address. The Council on a report from the Committee stated that the exhibition of the name of the firm of solicitors on an advertising hoarding in any connection would be objectionable. WORLD PEACE THROUGH THE RULE OF LAW World Conference at Athens—June 30th to July 6th, 1963 Utopia Limited ? World Peace through the Rule of Law is the brainchild of the American Bar Association. In 1958, a committee of that Association under the chairmanship of Thomas E. Dewey was set up to examine the whole field of international law and legal institutions and to see what could be done by lawyers to meet the needs in both fields. The only civilised way to deal with the dangers and disputes which arise between the nations of the world—and indeed between individuals—is by the due process of law, and not by force. There is, the Americans say, adequate legal machinery at hand for this purpose; the fault lies in the failure of the nations to use it. And because of this, it is the duty of the lawyers of the world to use their not incon- 42