The Gazette 1967/71

on the first day and from 5 gns. to 6 gns. for each subsequent day. The increase for the first day (or part) is 33 per cent. The Minister stated that he was prepared to agree to the following additional fees : Consultation : A single fee of 2 gns. in murder, manslaughter or dangerous driving causing death or serious bodily harm irrespective of the length or number of consultations. Remands : A fee of 3 gns. to the Solicitor actually attending Court on any remand. Travelling allowance increase from lOd. to I/- per mile. LIST OF STATUTORY INSTRUMENTS RELATING TO DISTRICT AND CIRCUIT COURT COSTS (a) District Court District Court Rules 1948 SR-1947-No. 431 District Court Rules 1955 S.I. 212/55 District Court (Costs) Rules 1962 S.I. 205/1962 District Court (Costs) Rules 1964 S.I. 279/1964 District Court (Summary) Rules 1963 S.I. 213/1963 (b) Circuit Court Circuit Court Rules 1950 S.I. 179/1950 Circuit Court Rules 1955 S.I. 1/1955 Circuit Court Rules 1956 S.I. 270/1956 Circuit Court Rules 1966 S.I. 128/1966 Circuit Court Rules 1967 (No. 2) S.I. 118/1967 Circuit Court Rules 1967 (No. 3) S.I. 215/1967 COMPANY FORMATION Section 58 of the Solicitors Act 1954 enacts that an unqualified person who draws or prepares a document in relation to real or personal estate or any legal proceedings is guilty of an offence under the Section unless he proves that the act was not done directly or indirectly for or in expectation of fee, gain or reward. The Section was amended by Section 397 of the Companies Act 1963 which provides that certain persons designated in Section 162(l)(b) of the Companies Act may draw or prepare documents for the purposes of the Act other than a deed or the memorandum or articles of association of a company. The designated per sons are persons having accountancy or similar qualifications recognised by the Minister for In dustry and Commerce as a qualification for ap pointment as auditor of a company. The resulting legal position is that Section 58 of the Solicitors Alt 1954 as amended prevents any person from drawing or preparing a document relating to real or personal estate or legal proceedings-but a per son who is qualified for appointment as an audi tor of a limited company may prepare documents 44

obtained certain statistics which were submitted to the Minister. The total annual expenditure on Criminal Legal Aid in Northern Ireland with a population of 1.5 million was approximately £60,000 in 1968. The expenditure in the Repub lic with a population of 3 million for the year ended 31st March, 1969 was less than £10,000. The total number of legal aid certificates issued in the Republic in the year ended 31st March, 1969 was 251 whereas the total number in Northern Ireland during the year 1968 was 1,669. The average fee per case allowed to the solicitor shown in the report on legal aid in criminal proceedings in Northern Ireland 1967-68 was £14 in the magistrates courts; £27 in the superior courts; while in addition in six murder trials dur ing that year, the average cost paid per case amounted to £282. The average fee paid to Irish solicitors per case for all Courts in the year end ing the 31st March, 1969 was £13. The breakdown of the 251 Legal Aid Certi ficates issued in the Republic for the year ended 31st March, 1969 is as follows : In respect of these 251 cases the fees payable to solicitors amounted to £3,300 given an average fee of just ofer £13 per case as already stated. As these cases included 159 trials on indictment in the Circuit Court and 24 in the Central Crimi nal Court it seems obvious that the solicitors who conducted these cases on a fee of £13 per case muts in many cases have subsidised the proceed ings from their own resources. The cost of living price index rose from 160.50 in 1963 to 213.40 in May, 1969 an increase of 32.9 per cent, and from 179.75 in 1965 to 213.40 in May, 1969 an increase of 18.7 per cent. The Society's case for amendment of the fees is founded on the admitted inadequacy of the basic scale and the subsequent fall in the value of money. The Minister informed the deputation that in the present financial circumstances he could not obtain an agreement to an increase exceeding 25 per cent, in the present level of fees and he pro posed to bring this in immediately. The increase will not operate uniformly throughout the scale; for instance the fee for a day's attendance at the District Court will, be raised from 6 gns. to 8 gns. District Court, 51 Circuit Court, 159 Central Criminal Court, 24 Court of Criminal Avpeal, 17 High Court, nil Supreme Court, nil