The Gazette 1964/67

edition at pages 138-139) liabilities of attorneys for defects in affidavits of ownership are clearly set out. Furthermore the Rules of the Superior Courts (S.I. NO. 72 of 1962) contain provisions similar to those already set out. In Order 40, Rules 17 and 18. Order 40. Rule 17, states as follows: "No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose be half the affidavit is to be used, or before any agent or a correspondent of such solicitor or before the party himself." Rule 18 states as follows : "Any affidavit which would be insufficient if sworn before the solicitor himself shall be in sufficient if sworn before his clerk or partner." CASES OF THE MONTH Omission from Statement of Claim — Solicitor's Negligence The plaintiff was involved in a motor accident and sustained multiple serious injuries for which she was treated by the first-named defendant, who is a surgeon, and in respect of which she retained the second-named defendant as her solicitor to prosecute a claim for damages for negligence in the High Court on her behalf. One of the injuries sustained by her was a fracture of the left calvicle. This injury was omitted by the first-named defendant from his medical reports furnished for the purpose of the proceedings, and, although the second-named defendant was aware of the injury, it was not specifically brought to the attention of counsel for the plaintiff until the morning of the hearing. The defendants had lodged in Court with their defence the sum of £1,255 and offered £1,500 in settlement which offer was refused. The case went to hearing on the injuries as pleaded and the jury awarded the plaintiff £1,000 for general damages and £235 for special damages making in all the sum of £1,235. The usual consequential order as to costs was made and the plaintiff became liable to pay a total sum of £597 for costs. The plaintiff thereupon brought proceedings against both defendants, claiming damages in negligence and breach of contract alleging that if the fractured clavicle and the consequent pain and suffering had been pleaded and considered by the jury she would have been awarded a sum in excess of that lodged in Court and also claim ing as damages the costs for which she had been liable. Held by Henchy J. 1. That each defendant was in breach of his contract with the plaintiff; that the plaintiff suffered damage thereby, and that this damage was not too remote; 110

counts and documents kept in relation to your practice as solicitor(s) for the accounting period beginning on the ............ day of ......... 19...... and ending on the ......... day of ......... 19...... and that I am/we are satisfied, subject to the matters set out on the back hereof from such examination and from the information and ex planations given to me/us that during the said accounting period you/your firm have complied with the provisions of the Solicitors' Accounts Regulations now in operation, and further that the sum or the total of the sums at credit of the designated client account or accounts and desig nated trust bank account or accounts as defined in the said regulations kept by you/your firm, was not less than the total of the sums required to be so kept in conformity with the provisions of the said regulations. (a) State full name of the solicitor or firm of Signature ............................................. Professional Qualification ........................... Address ................................................ Notes (a) State full name of the solicitor or firm of solicitors in respect of whom the certificate is issued. (b) When the solicitor has two or more places of business he may at his option lodge a separate certificate for each office or one certificate to cover all. All addresses should be stated in the certificate, if onlv one certificate is issued. COMMISSIONERS FOR OATHS PROHIBITED FROM ACTING WHERE INTERESTED An article under the above heading appeared in the Gazette (Vol. 60, No. 5, Oct.-Nov. 1966, at p. 59) which has given rise to a considerable number of queries with the Society. An affidavit is insufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent, corres pondent, clerk or partner of such solicitor. Under the Commissioners of Oaths Act, 1889, S. 1 (3), a Commissioner shall not administer oaths in any proceedings in which he is acting as solicitor or solicitor's clerk to any of the patries. Proceeding in this context is not confined to contentious business see in re Bagley, (1911) 1 K.B. 317 (see Cordery on Solicitors fifth edition, page 132). A view already expressed in the Gazette is further endorsed by Stringer on Oaths and Affir mations (second edition tit pages 35 and 140). In Madden on Registration of Deeds (second