The Gazette 1961 - 64

Law Reform Your Council has at all times had a keen apprecia tion of the programme of law reform initiated by our present Minister for Justice and, in so far as it has lain in their power, have done everything possible to assist this very worthy object. I feel, however, that one note of warning should be sounded namely —that our law should not be reformed purely for the sake of reform and that when any reform or new legislation entails the making of rules for the carrying out of the new procedure and the fixing of proper remuneration to the members of our profession acting thereunder, this legislation should not come into effect until the rules of procedure and fees to be charged are first made and approved. Any law which has not got the support of the majority of our people is a bad law and needs reform, repeal or new legislation bringing matters up to date, but laws should not be changed solely for the sake of change ; and we view, with concern, the proposal to take the Workmen's Compensation code from the control of our Courts in whose hands it has been for the last seventy years. This is one particular code of law which has served the people well, and has been of particular benefit to our workers who have been unfortunate enought to suffer injury whilst in their employment, and I say in all sincerity that the handing over of the administration of this code to the Civil Service is a retrograde step and one which we feel will have most adverse effect on the people it is intended to benefit. Legal education of apprentices Your Council, as always, is very conscious of their responsibility in the legal education of solicitors' apprentices who will be the lawyers of the future. The course to be taken by each apprentice is, of necessity, long and arduous and would appear to become even longer for the future. At present a very technical Bill on Company Law is being considered by the Oireachtas and new legislation has been introduced with reference to law on patents and trade marks. The Commission on Practice and Procedure in Bankruptcy Matters is now sitting and no doubt their conclusions will involve a new Bankruptcy legislation. Your Council appreciates that there are certain branches of the law with which the average solicitor is not concerned, and are considering the possibility of introducing courses in some of the more specialised matters and may include one or more of such matters as an optional subject to be taken by an apprentice at the final examination. This may well add to the burdens of the lecturers and examiners at the Society's examinations and may I take this opportunity of expressing the Society's appreciation 54

centenary of the Association by the founding of a centenary annuity which I commend to all of you in the certain belief that it will get your generous support. Circuit Court Costs At the time of your last meeting in November, 1962, the Circuit Court Rules Committee had submitted to the Minister for Justice new scales of costs in the Circuit Court, including—amongst other matters—a scale to cover costs in hire-purchase litigation. The Minister indicated that he did not want to continue the principle of scales of costs in certain jurisdictions being linked to the scales applicable to the High Court. With the permission of the Rules Committee your Council prepared new scales to cover the jurisdiction in question and same are now the subject of negotiations between your Council and the Minister. May I say that whilst we may differ in certain respects our relationship between the Minister for Justice on this, and other matters which arose during thel ast twelve months, has been extremely happy. I have always been received by him with courtesy and the views expressed by deputations on behalf of your Society have been sympathetically received. I trust that my successor may bring the present negotiations to a successful ending. Costs The Rules of the Superior Courts came into operation on the ist January last and Appendix thereto prescribed new scales of costs applicable to all aspects of litigation in the High Court and Supreme Court. It is gratifying to note that the principle of fixing discretionary fees for a large number of items has been adopted, thus ensuring that there should be proper remuneration for work of an exceptionally difficult or complex character and further that the number of items has been reduced by two-thirds. District Court During the year the District Court Rules have been modernised and scales of costs therein have been revised and I am glad to tell you that your Council has at present under consideration a proposal to abolish the default and special default procedure in the existing rules and substitute therefor provisions enabling a decree to be obtained in the office for liquidated demands without the necessity of an appearance in Court. This, we feel, particularly in the cities and larger towns, will materially assist our profession to give service to our clients in the fields covered by this procedure.