The Gazette 1967/71

f* 1.6 SEP «" 5

USEP 1971

*

G A THE INCORPORATED LAW SOCIETY OF

IRELAND Vice-Presidents

President PATRICK O'DONNELL

Secretary ERIC A. PLUNKETT

PATRICK NOONAN AGUSTUS CULLEN

THE INCORPORATED LAW SOCIETY OF IRELAND Assistant to the Secretary Applications are invited from solicitors who are interested in administration and organ– isation for this progressive post. There is no lower age limit if the applicant has the necessary qualifications. The starting salary is £1,700. After a probationary period the successful applicant will be considered for promotion to the position of assistant secre– tary on a scale progressing to £3,000 with a non-contributory pension scheme. Particulars may be obtained from the Secretary, The Incorporated Law Society of Ireland, Solicitors Buildings, Four Courts, Dublin 7. The Council invite applications from prac– tising barristers and solicitors for the post of lecturer on the practice and procedure of the courts and special examiner in certain subjects for the second and third law exam– ination. Copies of the terms and conditions of appointment may be obtained froin the Secretary, The Incorporated Law Society of Ireland, Solicitors Buildings, Four Courts, Dublin. Vacancy for Law Lecturer and Special Examiner

CONTENTS

Assistant to the Secretary .................. 1

1

Lecturer Required

........................

Meetings of the Council

..................

2

3

Ordinary General Meeting

...............

Town Agency and Practice ............... 1

Reciprocity in Practice

..................

1

8

Rules of the Superior Courts

............

8

Bank as Executor and Trustee

.........

Preparation of Leases by Local Authority 8

Land Registry Offices ..................... 8

..............................

9

Housing Loans

........................ 10

Cases of the Month

.............................. 11

Correspondence

................................. 11

The Registry

X-'' £.,«- - MEETING OF THE COUNCIL

,'(f

under a third party policy against liability for negligence. Under the terms of the insurance policy the company undertake to contribute to the costs of the insured incurred with their consent of defending the proceedings under the Acts. As a condition of contributing to the costs of the defence they require a report from the defendant's solicitor of the result of the proceedings and an appreciation on the issue of civil liability. It may come to light in the course of the proceedings that circumstances exist e.g. that the defendant was intoxicated which would enable the company to claim reimbursement from the insured ol any sum which they might be required to pay under the policy as the result of civil proceedings. Fur– thermore such evidence might make it very diffi– cult for the client to obtain insurance in the event of the company declining to renew the policy. Member asks for guidance as to whether infor– mation of this kind ought or must be passed on to the insurance company if they undertake to contribute to the costs of the defence of the criminal charges. The Council on a report from a committee stated that if the defendant is the client nothing that the client may disclose to the solicitor may be notified to a third party without that client's permission. If the solicitor is instructed by the insurance company and agrees to give them a report of the Court proceedings then the solici– tor is bound to inform the insurance company of all evidence given in court but the solicitor and the client must be clear on the position and if there is any doubt the client should be advised as to the adverse consequences which may follow if he agrees to his solicitor's applying to the insur– ance company for a contribution to the costs which may involve an agreement to disclose mat– ters which may be prejudicial to the client's interests. Personal Undertaking Member acted for a minor who had certain monies in Court and was about to be discharged from wardship. On the instructions of the minor member gave an undertaking to pay a sum of £150 to a third party being the purchase price of a truck. The sum of £150 was to be paid out of the monies in court. The owner of the truck acknowledging the letter of undertaking wrote in reply "no responsibility is accepted for any pos– sible fault in the truck as it was bought after inspection and trial". Ten days later the client called on member and informed him that the truck had broken down and that an inspection by a motor engineer indicated that the truck was a

4th May 1967: The President in the chair, also present: Messrs Desmond J. Collins, Ralph J. Walker, John J. Nash, Brendan A. McGrath, Bruce St. J. Blake, Peter E. O'Council, William A. Osborne, John Maher, Augustus Cullen, Robert McD. Taylor, Gerald Y. Goldberg, James W. O'Donovan, George A. Nolan, Gerard M. Doyle, Daniel O'Connor, Francis J. Lanigan, Patrick Noonan, Desmond Moran, Reginald J. Nolan, Eunan McCarron, John Carrigan, Thomas Jack– son, James R. C. Green, Richard Knight, Peter D. M. Prentice. The following was among the business trans– acted. Land Registry Conveyancing The Secretary stated that he had received infor– mation to the effect that pressure has been exerted upon County Registrars to induce them to give legal advice and to draw up or assist members of the public in drawing up voluntary transfers of registered property without professional assis– tance. The President has written a letter to the Minister for Justice and has received a reply which he read to the meeting. It was decided that the Council should seek an interview with An Taoiseach, the Minister for Justice, and the Attor– ney General, and the President should select the members of the deputation. Circuit Court Costs The Secretary stated that he had received a copy of the Circuit Court Rules (2) 1967 revoking the existing scales of costs and prescribing substituted scales of costs and counsel's fees. The rules came into operation on 22nd May 1967 and are on sale at the Government Publications Sales Office. Local Authorities: Delays in Sealing of Documents The Council appointed a deputation to seek an interview with the Lord Mayor of Dublin and the City Manager and the Chairman of the Dublin County Council and the County Manager to make representations in support of a change in procedure, which might require legislative sanc– tion, with a view to speeding up the sealing of documents. Client's Privilege against Disclosure Members defended proceedings under the Road Traffic Act on behalf of a client who was insured

was fixed at this figure in 1852 and has not since been increased. The time has come when the financial position of the Society and the distribution of its resources and activities should be examined having regard to the requirements of the future and the increasing part which the Society must play in enabling practitioners to carry on practice to the greatest advantage for their clients and themselves. In this statement I shall give a brief account of the more important activities of the Society during the past six months under the following headings: solicitors apprentices who may expect to be admitted within the next four or five years). (c) General Matters. in the somewhat unique position of having public responsibility to ensure that the standards of conduct, professional efficiency and integrity are main– tained at the highest level. It is in the interests of the profession as well as the public that these standards should be maintained. We enjoy privileges in certain fields of professional business. In return we must see that we discharge our duties adequately. Without a central professional organisation appointed by the profession itself standards of conduct and integrity would inevitably fall. It is this sense of public responsibility which distin– guishes a profession from purely commercial and indus– trial organisations. It is equally important that industry and commerce should maintain high standards of integ– rity and efficiency but the regulation of these standards is left to the individual trader. In the profession there is corporate responsibility through the governing body of the profession to see that every member is conscious of the standards expected of him and to enforce these standards by appropriate action taken by the profession itself. This duty which rests upon the profession is the counterpart of the statutory privileges which it enjoys. A decline in professional standards would affect the whole community and as regards the legal profession would have serious effects on the standards of the judiciary and the public legal administration upon which public order and the rights of every citizen so greatly depends. The judiciary is recruited from the legal profession and the high standards of integrity and independence shown by the Bench in this country since the foundation of the State reflects the standards of conduct imposed on private practitioners from which the Bench is drawn. (a) Services to the Public. (b) Services to the Profession (including The Society is In November last the Council made special regulations entitled the Solicitors Accounts (Amendment No. 2) Regulations 1966 providing for the lodgment by each practising solicitor with the Society of a Certificate by an Accountant each year. The accountant must certify that the solicitor is complying with the provisions of the Solicitors Accounts Regulations in regard to the keeping of proper office books of account written up to date and lodging all clients monies and trust monies to the appropriate designated bank account kept specially for that purpose. The regulations were made under Section 66 of the Solicitors Act, 1954, following a postal ballot taken by the Council which revealed that about 90 per cent of the practitioners who returned voting papers were in favour of the proposal. The machinery pre- Solicitors Accounts Regulations 1967

wreck and was probably defective when the client bought it. Member enquired whether he was bound by his undertaking and whether the client was entitled to repudiate the authority which he gave to member to pay the sum of £150, being a minor at the time of the authority. The Council on a report from a committee stated that on the facts member was bound by his undertaking. They express no view on the second question which was a matter of law. THE ORDINARY GENERAL MEETING The Ordinary General Meeting of the Society was held at the Imperial Hotel Cork on Saturday, 20th May 1967. The President, Mr. Patrick O'Donnell, took the chair. The notice convening the meeting and the minutes of the last Ordinary General Meeting which has been circulated was by permission taken as read. Mr. Sean McCarthy, the Lord Mayor of Cork, and Mr. John Jermyn, the President of the South– ern Law Association, addressed the meeting and welcomed the Society to Cork. The President thanked the Lord Mayor and Mr. Jermyn. The President as chairman of the meeting nominated the following members of the Society as the scrutineers of the ballot for the election of the Council to be held on 16th November 1967 : John R. McC. Blakeney, Thomas Jackson (senior), Brendan P. McCormack, Roderick J. Tierney and Alexander J. McDonald. The President addressing the meeting said : last Ordinary General Meeting the following members of the Society died and I would like to express our sincere condolence with their families and business associates : Martin Kelly, County Registrar, Kilkenny; Michael Noyk, Solicitor, Dublin; Patrick J. Flynn, County Regis– trar, Roscommon; Francis A. Gibney, Solicitor, Dublin; J. Allan Osborne, Solicitor, Milford; Bernard McDer- mott, Solicitor, Ballybofey; William T. Nicholl, Solicitor, Dublin; Kevin Nugent, Solicitor, Clonmel; Dermot McDowell, Solicitor, Dublin; Mrs. Beatrice Elyan, Solici– tor, Cork; Michael J. Dunne, Solicitor, Dublin; Aubrey R. Walker, Solicitor, Dublin; Dr. Joseph Jackson Wolfe, Herts., England. Since Mr. Taylor addressed the Ordinary General Meeting of the Society in November last an increasing burden of work has fallen upon the Council and the officials of the Society. It has been necessary to increase the Society's staff to deal with this work. Problems of office accommodation have also arisen and both the activities and physical accommodation of the Society in the Solicitors Buildings are stretched to their full capa– city. The members of the profession are given extremely good value for the nominal subscription of £1 per annum. In passing it may be noted that the subscription Ladies and Gentlemen, since our

scribed by the regulations and the form of accountants' certificates are similar to the requirements made under statutory regulations in England and more recently in Scotland. One of the difficulties anticipated in connec– tion with these regulations is that accountants, like solicitors, carry a heavy burden of work and that it may be difficult to obtain professional accountancy services in some of the remote areas. Representatives of the Council have been in discussion with representatives of the Institute of Chartered Accountants which is the principal accounting body in the State and they are satisfied that most of the anticipated difficulties can be solved. An accountant is defined in the regulations as a person approved by the Council who is a member of either the Institute of Chartered Accountants in Ireland or the Association of Certified and Corporate Accoun– tants or any other person who is considered by the Council to have adequate qualifications or experience in the auditing of accounts. The regulations provide that each practising solicitor shall notify the Society by 10th June 1967, of the name, address and professional quali– fications of his accountant and of his accounting date. The accountant's certificate is to be lodged with the Society within six months after the accounting date in each calendar year. On 2nd March last the Society made the Solicitors Accounts Regulations 1967 revoking all the existing regulations since 1966 including the Solicitors Accounts (Amendment No. 2) Regulations 1966 which provide for accountants' certificates and re-enacting all the provisions with some small necessary modifications. The new regulations were issued to all members with the March number of the Society's Gazette so that every member has now in his hands a copy of the consolidated regulations. The additional work falling on the Society's office in connection with these regulations is very heavy and members are asked to co-operate by sending in the necessary statement as to their accountants and account– ing dates, if this has not already been done; otherwise there will be a vast amount of unnecessary correspon– dence with members who are in arrears and the general business and administration of the Society will suffer. The statutory contribution to the Compensation Fund made by each practising solicitor was reduced from £40 to £30 for the present practice year. The statutory obligation of the Council is to maintain a contribution of £20 per annum but this may be increased or reduced by special resolution of the Council if they are of the opinion that it would be justified by the financial posi– tion of the fund. The statutory contribution was in– creased to £40 for the practice year ending 5th January 1967 as the result of several unprecedented losses during that period. The resulting increase in the capital assets of the fund provided a surplus at 30th September 1966 of over £45,000 after making provision for all forseen liabilities and the Council accordingly felt justified in reducing the contribution to £30 for the present prac– tice year. The position of the fund is reviewed in each September and I hope that it will be possible to make a further reduction in the amount of the contribution in the light of the financial position as it will then be known. Solicitors are the custodians of amounts of clients' monies running into many millions of pounds in the aggregate and it is essential that we should provide security through the Society for our professional obliga– tions. It should also be known that no profession in the State has accepted financial obligations of the nature The Compensation Fund

and extent which have been voluntarily undertaken by our profession. The Compensation Fund Committee which administers this work is extremely anxious that any claim should be paid promptly. There has been unavoidable delay in some cases because of the difficulty of investigation and some apparently unavoidable delay in the bankruptcy office in admission of the claims. In the majority of cases the Society investigates the claims and pays the amount in advance of proof of debt in bankruptcy but in one or two cases we have been warned by the Bankruptcy Office that the claims may not be genuine and the Society for the protection of the fund have therefore, been obliged to defer admission and payment until the Bankruptcy Office is satisfied. This is a matter completely outside our control and it is greatly regretted by the Council because it is obviously essential that every genuine claim should be paid with the least possible delay. All Bills introduced in the Oireachtas are examined in the Society with a view to ascertaining whether they affect prejudicially the interests of the public in the special field which the profession has expert experience or the rights and independence of the profession. This is a very heavy burden because of the amount and com– plexity of current legislation. Sometimes an apparently innocuous amendment of an existing statute may have far reaching consequences. In appropriate cases the Society makes immediate representation to the respon– sible Minister. It is also the policy of the Society tc invite public attention to such matters of public interest by press releases. The Criminal Procedure Bill of 1965 which recently became law as the Criminal Procedure Act, 1966, con– tains a very serious invasion of the rights of citizens under the legal aid scheme. The Act as it became law discontinues legal aid at the preliminary investigation before the District Justice of criminal offences. This was apparently done in the supposed interests of public economy. It is also worthy of note that the criminal aid scheme was amended, not as might be expected by a special statute amending the Legal Aid Act, but by a section inconspicuously inserted in an Act dealing with matters of Criminal Procedure unconnected with legal aid. The Council drew attention to the fact that if legal aid is required it is all the more essential at the pre– liminary investigation of the offence before the District Justice, where vital and far reaching decisions must be made by the defence. If legal aid is unnecessary at this stage it is difficult to see what useful purpose is served by giving it at all. The representations of the Council on this vital matter were unfortunately unsuccessful and the Criminal Procedure Act, 1967, has since become law with this objectionable provision. The Council made representations to the Minister for Local Government that a provision in the Road Traffic Bill which would enable the Minister for Justice to remit a disqualification to hold a driving licence should be omitted from the Bill. The reason given for this change in the law is that notice of appeal against a disqualification pending the appeal unless the District Justice on special grounds so orders and that some District Justices were unwilling to suspend the operation of the disqualification. In such cases injustice would have been done to the driver if the Circuit Court on appeal subsequently found that the disqualification should be removed. It was pointed out to the Minister for Local Examination of Legislation

Government that the desired object should be achieved by amending the existing law so as to provide that notice of appeal would automatically suspend the dis– qualification unless the District Justice on special stated grounds otherwise directed. It is undesirable that the Government should in cases of this kind interfere with orders made by the Courts. The Minister for Local Government considered the representations made by the Society and others and we are very glad that the objectionable section has been withdrawn and notice of appeal now stays all disqualification orders. Attention has been drawn by my predecessors to the ever increasing burden of the fees charged by the Government for the administration of the Courts and public offices such as Land Registry. I believe that the Court and Land Registry fees now being charged are about the highest in the world. The machinery of justice which is a public service should be available to all citizens but it is now being sold and sold at an exorbitant and uneconomic price. If a trader's estate falls into the hands of the Bankruptcy Office that office will charge 15 per cent, i.e. 3/- in the pound before any of the creditors receive a single penny. A fee of £6 is payable to the State on the simple operation of stamping and filing an originating plenary summons. This is twelve times the fee which was charged for the same service in 1939. This pattern runs throughout the whole scale of fees collected by the State in connection with the administration of justice. Taxation is being imposed by hidden means. The fees charged in the Land Registry have been increased in about the same dimensions. The public should know that solicitors' fees are not respon– sible for these increases; on the contrary the profession have to carry an extremely high burden of outlay in respect of fees paid on behalf of clients to the State which are not recoverable in many cases for lengthy periods and in some cases may be irrecoverable. The legal profession has in fact become part of the tax gathering machine. Stamp duties on property trans– actions are 3 per cent on the value, the highest rate in these islands. Liability for stamp duty full rate com– mences at £2,500 while in England exemption is extended to £5,000 or more and then the rate of duty is much lower than here. The report of the Commission on Higher Education has just been published. The Society submitted a memoran– dum to the commission in 1961 which contained a number of far reaching proposals. The system of legal education as affecting the solicitors profession has been handed down since the eighteenth century and is rigidly prescribed by statute. The Council made the following suggestions : 1. The entire system of legal education should be prescribed not by statute but by regulations made by the Society under statutory authority. The Society's regulations should be subject to the approval of the President of the High Court. This would enable the Society in consultation with the President of the High Court to modernise the system to meet present day requirements. Among the matters to be considered would be whether apprenticeship is necessary; if it is necessary the duration and nature of the apprenticeship; the subjects to be taught and the manner in which instruc– Court Fees Legal Education

tion should be given; the scope and nature of professional examinations. 2. The present system of apprenticeship is unsatis– factory. It runs concurrently with university studies and studies in the Society's Law School. The memorandum suggested that there should first be compulsory university degree followed by or combined with instruction in technical professional subjects at the professional Law School. Students should be entitled to present themselves for the Society's examinations during this period. On passing the examinations there should be a chorter period of wholetime service as an apprenticed or articled clerk in an approved solicitor's office for one to two years preferably at a salary. The Council took the view that a shorter period of service woule be more beneficial provided that it is wholetime and not concurrent as at present. 3. The Society also suggested that there should be a common system of legal education for barristers and solicitors and that there should be greater facilities for transfer from the Bar to the solicitors profession and vice-versa. The present provision of the Solicitors Acts and the regulations of the Benchers of King's Inns, which provides that a practitioner may not change from one branch to the other until after five years practice, is unnecessarily restrictive. It would be of benefit to the legal profession as a whole if every law student whether destined for the solicitors profession or the Bar served the short two year period in the office of a practising solicitor before admission. If this were done the student could elect on admission for the branch of the profession of his choice and should be entitled to change from one to the other at any time but not to practice both concurrently. 4. The Council also suggested that in regard to the large numbers of solicitors' apprentices who attend the University Law Schools the Incorporated Law Society should be entitled to have representation on the govern– ing bodies of the universities. Now that the report of the Commission on Higher Education has been published the Society are taking steps to initiate discussions with the Benchers, the universities and the Government. The Committee of the Council has been studying the problem of maximum efficiency in solicitors' offices and an article on the subject was printed in the Society's Gazette in January last. The subject has also been included in the instruction given to solicitors' appren– tices. Allied to the question of office organisation is the matter of co-operation between solicitors in the daily conduct of business. This has also been the subject of announcements made by the Society from time to time and a further article will be published in the Gazette. The Council submitted a memorandum to the Commis– sion on the Courts suggesting reforms in Court proce– dure. A copy of the memorandum is in the hands of each member attending this meeting. I am afraid that the Court of Justice have become the Cinderella of the public service in this matter. While the Departments of Finance, Industry and Commerce, Agriculture and other economic departments are daily occupied with proposals to improve their efficiency, the mechanical organisation of the Courts of Justice and the offices with which solicitors deal shows little change. Such matters as Office Organisation Organisation and- Method in the Courts

electric typewriters, dictating and copying machines and an adequate supply of external and internal tele– phones are as urgent in the Court offices as in any other branch of the public administration. Judges should have adequate secretarial and mechanical assistance. The procedural requirements under the rules of the High Court are also unduly complex and some of them un– necessary. In my view a great saving of public and professional time would be effected if the mechanical procedure of the offices attached to the High Court were modelled on the procedure in the Circuit Court. The complexity of modern statute law, its ever increasing change and amendment and the absence of readily accessible and comprehensive legal textbooks have in– creased the incidence of professional negligence claims. Solicitors are engaged in a risk occupation; a mistake may cost many thousand pounds and it is essential that every practitioner should carry adequate insurance. Pre– miums have been raised steadily over the years and the Society has continuously sought to find means of effecting a group insurance scheme. Unfortunately there are serious practical difficulties and it has not been possible to devise such a scheme. The Council however have considered whether it would be feasible that solicitors taking out professional negli– gence insurance should channel the work through a single broker. While insurance would continue to be effected as at present on individual proposal forms and not as part of a group, a single broker handling such a large volume of insurance might be in a position to get more favourable terms both as to cover and premium. Such a method might eventually become the forerunner of a group scheme. The Council hope to issue a circular to members in the near future. About six years ago the Society submitted proposals to the Circuit Court Rules Committee for a new scale of costs. The proposals led to series of meetings between the Society and the Department. Eventually the Circuit Court Rules Committee about three years ago submitted proposals to the Department which lay there until recently. Now, six years after the original approach and after three years official silence since the Circuit Court Rules Committee submitted thier proposals, we have received notification from the Department that the Minister has given his sanction. Needless to say, financial and economic conditions have changed greatly during that period. The fees collected by the State in connection with Circuit Court proceedings have been raised by more than 100 per cent during the same period. This year marks the twentieth anniversary of the estab– lishment of the International Bar Association of which our Society is a member and in July of next year this Association will hold its general meeting in Dublin. Twenty-one countries located on five continents consti– tute the I.B.A. and we are indeed honoured in having my senior Vice-President, Mr. Patrick Noonan, President of this International Association for the coming year. The Society's April Gazette contains references to the matter. Professional Negligence Insurance Circuit Court Costs International Bar Association

Encroachment by the State on Professional Activities

If the profession is to survive and to play its part as the defenders of the rights of the citizens it must have a sound economic base. If the State by its activities weakens the legal profession it will deprive the citizen of the only protection which he enjoys against the ever increasing power of the executive. There have been many occasions during the past twenty years in which individual citizens would have suffered in the exercise of their constitutional rights had it not been for the existence of a free and independent legal profession in both branches who have been prepared to bring such cases to Court. Such clients are very often persons of small means. There is little financial reward for the profession if the proceedings are unsuccessful. There is no system of civil legal aid which will protect the citizen and afford means of redress in such cases as there is in England, Scotland and Northern Ireland. The citizen therefore, depends upon the will and the ability of the private practitioner to interest himself in such matters. That will and that ability have never failed in the past. The ever increasing invasion by the State on professional activities raises the question of whether in the future the citizen will have (he same protection as he has had in the past. If we ever reach the position, and it may not be too far distant, when the State, by monopolising legal business reduces the profes– sion to a small number combined in large offices, the private citizen will be at the mercy of the executive and will have lost the protection which he enjoys at present because of the personal relationship with his legal advisor. The socialisation of law would mean an ever increasing dependence of the individual upon the civil service and we must be always on our guard against the derogation of the rule of law and on this subject. There are many things on which I am restrained from discus– sing in order that I may not prejudice approaches which we are now making to the Government. the twenty-fifth anniversary of Mr. Eric Plunkett's appointment as Secretary of the Incor– porated Law Society. Mr. Plunkett was appointed to the post of Secretary to the Society in the presidency of Mr. George Acheson Overend. The appointment was made at the Council meeting of 14th May 1942. His appoint– ment was greeted with approbation at the half-yearly general meeting of the Society held on 15th May 1942 and he took up his duty as Secretary on 1st June of that year. He was educated at Belvedere and Clongowes Wood Colleges and served his apprenticeship with the late Mr. John J. McDonald and was admitted as a solicitor in the Easter sittings 1932. He continued to practice with Mr. McDonald's firm at 116 Grafton Street after qualification. He was a First Class Honours man and Exhibitioner of the National University of Ireland and obtained second place in Legal and Political Science at the B.A. examination held in the autumn of 1930. He obtained first place in the Society's intermediate examination for solicitors' apprentices in 1929 and second place with Silver Medal in the final examination in October 1931. He was Auditor of the Solicitors' Apprentices Debating Society in 1930-31 and was awarded a Gold Medal for impromptu speaking, Silver Medal for legal debate and special certificate for oratory in the session 1929-30. In the course of twenty-five years as chief executive of the Society he has enhanced its reputation and Mr. Eric A. Plunkett This year marks

standing in the profession and throughout the country. His achievements have been many and varied. In the Solicitors Buildings alone in Dublin, increase in office space, staff and equipment under his direction has moved with the requirements and demands of the time. The maintenance of an efficient office which is as often used "by members for the solution of problems of a legal nature as for those of a professional nature is a reflection of the reputation earned by Mr. Plunkett and the reliance placed by members on his judgment. In the field of education and learning he piloted through the Council the revised system of examinations in 1960. Fully aware of the difficulties of keeping abreast of the Jaw he helped to herald the 1960s by arranging lectures and publications for practitioners. It is hardly an exaggeration to say that Mr. Plunkett's personality has been impressed upon the entire system of law in this country in relation to solicitors. The Solici– tors Act 1954 and 1960 and the various regulations made thereunder are now the Bible by which the profes– sion is governed. The patience, application and attention to detail that was necessary to have these measures implemented and made suitable for twentieth century conditions can be attested to by the Presidents who worked in conjunction with Mr. Plunkett during the period when these measures were being formulated into law. The members of the Council who have had an opportunity of accompanying Mr. Plunkett to foreign countries in connection with the Society's business have been greatly impressed by his reputation abroad. While those who led deputations to the Departments of State and other bodies to whom representations have been made over the years have relied completely upon his experience and expert advice. This year he has the honour of being President of the Association of Secretaries of European Bar Associations which is a tribute to his standing amongst his peers in Europe. The magnitude of the organisational work with which he has been associated will be once again revealed in July next year when the International Bar Association holds its biennial conference in Dublin. Each year at the half-yearly meeting and at the ordinary general meeting of the Society the President in his presidential address refers not as a matter of course or of courtesy but of recognition to the sterling work of Mr. Plunkett. In a position that calls for tact, firmness, frankness, discretion and integrity he has shown himself to be not only worthy of the esteem and reputa– tion which he has earned but also deserves the best thanks of all solicitors in Ireland for the diligence and fairness with which he has at all times acted since his appointment. Eric Plunkett was a contemporary of mine in LJ.C.D. many years ago and I am sure you will all join me in congratulating him in his twenty-fifth year of office and in wishing him many more years of fruitful work for the Society. Conclusion I personally cannot allow this occasion to pass without a special word of thanks to our assistant secretary, Mr. Tom Smyth, who has been of considerable assistance to me since taking office, and it is with regret that we have learned of his intended resignation as assistant secretary, but we shall have another occasion on which to express our gratitude to him. Finally I wish to thank my two Vice-Presidents,

Mr. Patrick Noonan and Mr. Augustus Cullen, for their valuable assistance to me during the past half year. Mr. Denis R. Peart gave a lecture on the work of a town agent which was followed by a discus– sion. Mr. R. McD. Taylor moved a vote of thanks to the President for his statement and for his services to the Society during the past six months. The motion was carried with acclamation. The proceedings then terminated.

TOWN AGENCY AND PRACTICE

At the half-yearly meeting held in Cork in May Mr. Denis R. Peart of Messrs John R. Peart and Son, Solicitors, 27 Upper Ormond Quay, Dublin, delivered a lecture on "Town Agency and Prac– tice". It was proposed to have Mr. Peart's notes available to members immediately after the meet– ing but the Society have decided that the lecture should take a more permanent form as one of the Modern Law Series publications. The publication will be on sale as soon as the author has made certain revisions and the printing arrangements have been carried through. In the May 1966 issue of the Gazette (Vol. 60, No. 1, p. 5), under the above heading members were informed as to the possibility of Irish solici– tors practising abroad. Conditions of admission as a legal practitioner in Western Australia have since changed. It appears from a memorandum received by the Society that the Barristers' Board would have jurisdiction to admit an Irish solicitor or barrister to practice in Western Australia if they are of opinion that he falls within section 15 (2) (c) of the Legal Practitioners Act, 1966. Thus a person admitted in a place where the system of jurisdiction administered is equivalent to or is substantially equivalent to the system of jurisprudence administered in Western Australia would be considered by the Board for admission. It is to be noted that one qualifies for admission as a barrister and solicitor (a "practitioner") and there is no legal division between the two branches of the profession, although it is often found that a practitioner tends to practise in one field or the other and a separate bar is now developing. RECIPROCITY IN PRACTICE

COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS BOARD MEETINGS (Easter and Trinity Terms)

RULES OF THE SUPERIOR COURTS (No. 1) 1967

Statutory Instrument No. 63 of 1967 which is available from the Government Publications Sales Office, G.P.O., Dublin 1, or through any bookseller, price 6., contains amendments regarding the pro– visions of the Rules of the Superior Courts for the procedure in obtaining evidence for foreign tribunals. The Rules also amend the provisions in relation to the times when the offices of the Sup– reme Court and High Court are open for public business and delivery or amendment of pleadings during the long vacation.

Tuesday, 27th June 1967 Tuesday, llth July 1967 Tuesday, 25th July 1967

J. S. MARTIN, Secretary.

PREPARATION OF LEASES BY LOCAL AUTHORITY OFFICIALS Section 32 of the Landlord and Tenant (Ground Rents) Act, 1967, terminates the common law liability of a lessee for payment of the lessor's costs, notwithstanding any contractual stipulation to the contrary. Local authorities selling property to tenants by way of lease under the tenant pur– chase scheme will no longer be entitled to make the lessee pay the local authorities' costs. The attention of the Council was drawn to a case in which the county manager informed the law agent that he proposed to have the lease drawn up in the county council office from a precedent and to hand the lease duly sealed on behalf of the local authority to the tenant without retaining any solicitor to act for the local authority. The Coun– cil having considered this matter took the view that such action would involve a contravention of Section 58 of the Solicitors Act, 1954, and resolved that appropriate action be taken by the Society on evidence that a local authority or its official or employee has contravened the section. In the Bail on March 7th, 1966, Mr. Barrett asked the Minister for Justice if he is aware that, because local offices of the Land Registry as con– stituted are mere transmitting agencies for the Central Office, inconvenience, delay and expense are caused to the public and to legal practitioners by reason of the fact that neither registration of documents of title can be effected at local regis– tries nor can certificates of title to property, maps of property or other important documents of title be obtained locally; and if you will consider taking steps to rectify the situation. Mr. Lenihan in reply stated : "I am not aware that any inconvenience, dealy or expense is occas– ioned by the manner in which the registration of the title system is at present operated. The policy of having a Central Office and local offices of the LAND REGISTRY OFFICES

BANK AS EXECUTOR AND TRUSTEE

The National Bank of Ireland have indicated to the Society that they propose circularising all testators who have appointed the National Bank Ltd. as executor or executor and trustee of a will. In the circular the National Bank of Ireland suggest the making of a codicil which they suggest is a simple matter and would not affect the bequests and gifts in the will but it must comply with certain legal requirements. The bank suggest that the testators consult their solicitors about making codicils on constituting the National Bank of Ireland Ltd. for the National Bank as executor or executor and trustee. The bank state in their circular as follows : "If your will creates a trust involving land to which section 45 of the Land Act, 1965, applies, a problem may arise unless you make a codicil ap– pointing the National Bank of Ireland Ltd. as executor and trustee in place of the National Bank Ltd. to which on the transfer of its Irish business to the National Bank of Ireland Ltd. in 1966, ceased to be a "qualified person" for the purposes of the Land Act. This problem may nor arise if the National Bank of Ireland Ltd., which is a "qualified person" for the purposes of the Land Act, if appointed trustee as well as executor in place of the National Bank Ltd. "The directors regret having to trouble you about this matter, and have instructed me to inform you that they will reimburse to you the fees of your solicitor for preparing such a codicil. Please arrange with your solicitor to send us in course the codicil or copy of it for our records."

Land Registry is provided for in a recent enact– ment of the Oireachtas, namely, the Registration of Title Act, 1964, which came into operation on 1st January of this year. "The Central Office is the office for the regis– tration of all land in the State. The functions of the local offices are as prescribed by the Rules made by the Registration of Title Rules Commit– tee, with my concurrence. Each local office pro– vides separate registers of freehold and leasehold land registered in the particular county. The Local Registrar transmits to and receives from the Central Office documents connected with registration. The local office is a very valuable facility for registered owners and their solicitors in that they may inspect the registers of land in their area and also lodge with the local office all applications in connection with registration. "I see no reason to alter a policy and practice which have existed since the registration of title system was first introduced in 1892. Mr. P. O'Donnell asked the Minister for Justice if he is aware that under the Land Registration Fees (No. 2) Order, 1966, the fee for a search made in the Land Registry by telegram or tele– phone under Rule 196 of the Land Registration Rules, 1966, has been increased from 2/6 to £1 10s., thus adding to the already heavy fees pay– able under the Land Registry Acts; and, if so, if he will have the said order amended to substan– tially reduce the fee. Mr. B. Lenihan : "No increase in a Land Regis– try search fee such as that alleged by the Deputy has, in fact, occurred. The fee of £1 10s. referred to is in respect of an official search, made on the basis of an application by telegram or telephone, that is to say, an authorised and authoritative search carried out by officials of the Land Registry the result of which is confirmed in writing by the Registry and the reliability of which is guaranteed by the State. The fee for an unofficial or personal search made by an applicant himself is 2/6, but at no time in recent years has the fee for any official search been as low as this figure. "However, there is a long-standing and infor– mal arrangement in the Central Office of the Land Registry and in some, but not all, of the local offices whereby solicitors are facilitated by having their telephone inquiries treated as per– sonal searches, for which the fee of 2/6 is charged. In such cases no written confirmation of the result of the search is sent by the Registry and, in the event of error in such a search, no claim against the Compensation Fund can be entertained. The search is in no sense an official search the reli–

ability of which is guaranteed : and the practice in the Central Office, and in some of the local offices, has no statutory authority to sustain it. I am having the position in regard to these non- official searches fully examined." HOUSING AUTHORITIES (LOAN CHARGES CONTRIBUTIONS AND MANAGEMENT) REGULATIONS, 1967 (S.I. 71) (Loan Charges Contributions) Regulations, 1932 to 1962, and provide for the cost limits on which contri– butions to loan charges may be made by the Minister for Local Government under Section 44 of the Housing Act, 1966, including new limits in respect of money borrowed by a housing auth– ority for the provision of building sites and dwel– lings in buildings of six or more storeys. The regulations lay down conditions as to building standards, rents and the disposal by housing authorities of houses, building sites and other land, subject to which the contributions will be payable by the Minister. Section 46 of the Housing Act, 1966, enables the Minister to reduce, suspend or discontinue the payment of these contributions where an authority fails to observe these conditions. The regulations also repeal the Housing (Man– agement and Letting) Regulations, 1950 and 1953, with the exception of the provisions speci– fying the priorities to be followed by housing- authorities in the letting of houses. These priorities will cease to apply to lettings by an authority on the coming into force of the authority's own scheme of priorities under section 60 of the Hous– ing Act, 1966. The regulations also incorporate the conditions subject to which lettings of dwel– lings may be made by housing authorities, in– cluding a condition permitting an authority to consent to sub-tenanting. The fee to accompany an appeal to the Minister under Section 106 of the Act, dealing with the structural condition of dwellings on their sale or lease by a housing authority, and the form of transfer order for the sale or lease of dwellings under Section 90 of the Act are also prescribed. These regulations repeal the Housing

LONG TAX PROSECUTIONS

The Court of Appeal when it dismissed appeals by four men and two companies trading in tran– sistor radio sets against convictions on charges involving conspiracy to evade purchase tax and

CASES OF THE MONTH

other involving £84,000, laid down guidance for the conduct of lengthy trials. The trial at the Central Criminal Court had lasted 81 days, the second longest on record, and cost some £150,000. Mr. Justice Fenton Atkinson, giving the judg– ment, said the Court viewed with great concern the length of the proceedings, because whenever a trial assumed such proportions an inordinate burden was cast on all concerned and the risks of injustice were greatly increased. On account of the increasing complexity of tax laws months of investigation were necessary. In– vestigations involved examination of many docu– ments and protracted interviews concerning 'hem. In the present case the trial judge had had little opportunity to analyse the mass of documents and to decide whether it was necessary to hold a single trial as the prosecution insisted, or whether the counts could be severed. It was essential that judges should be given time to form an opinion on possible severability of counts, and hours spent on such consideration would save days of trial time. To assist judges to assess a case for such pur– poses, arrangements should be made before com– mittal for a transcript of the opening speech for the prosecution and of any submissions by the defence to be sent to the trial judge with the depositions and exhibits. Such a procedure in the present case would probably have meant some severance resulting in the saving of a court week at a cost of £750 a day. If a judge found the suggested procedure imposed an undue burden on the court and jurors, and was, therefore contrary to the interests of justice, he had a duty to ask the prosecution to recast their approach, even if it entailed an adjournment. Finally, counsel for the defence, while in no way detracting from his duty to his client, should, in the interests of justice, exercise a proper dis– cretion to avoid prolonging a case unnecessarily. Where submissions were made seeking to impugn long-established rules of law or procedure, there was no reason why they should not be made briefly with a view to reserving the position for a higher court. In spite of the protracted and complicated nature of the proceedings in this case the trial judge, Judge King-Hamilton, and jury had dis– charged their duty with meticulous care and there had been no miscarriage of justice. The appeals were therefore dismissed. (Regina v Sim- monds and Others, The Times, llth March 1967). substantive revenue offences

Repayment of Monies by Revenue Commissioners In a reserved judgment delivered in the Supreme Court on llth May 1967 the Revenue Commis– sioners were ordered to repay to Mr. H. A. Dolan a sum of £19,193 which he was overcharged for customs duty on goods imported into the country. The case dealt (inter alia) with the Section 25 of the Customs Consolidation Act, 1876. It was sub– mitted on behalf of the defendant that the sec– tion applied only to cases where the importer had made some error in his calculations in the course of submitting his goods for assessment of customs duty but the Supreme Court held that such a case was covered but did not consider that the section has such a restricted meaning. On deliver– ing of a judgment of the Court, Mr. Justice Walsh stated that the section : (1) Established a period of limitation; and (2) Envisaged a claim being made to monies overpaid; and (3) Imposed upon the commissioners the duty of adjudicating upon the claim. The Judge further stated that the statute is not to be construed as merely conferring a discretion to return the overpayments. The correct con– struction of the provision in question is that upon the fulfilment of the conditions laid down by the section, the customs authorities are not lawfully authorised to do otherwise than to return the overpayments. (Dolan v Neligan, Collector of Customs for the Port of the City of Dublin, 11/5/1967). Extension of Solicitor's Duty The Court of Appeal in England held that a solicitor who had inadequately warned a widow of 47 against the advisability of lending £4,000 to an American citizen with whom she had been infatuated and who had subsequently failed to repay her; was liable to her in damages for the loss which she had sustained. Lord Justice Danckwerts said that, although he accepted that the duty normally owed by a solici– tor to his client only extended to legal advice, he might also undertake to advise on business mat– ters and he then owed a duty to advise compe– tently, fully and not misleadingly. (Neushul v Mellish and Harkavy, The Times, 12th Mav 1967). 10 the Revenue Commissioners for the return of