The Gazette 1967/71

CORRESPONDENCE Incorporated Law Society of Ireland The Solicitors' Building Four Courts, Dublin 7, Ireland. M/3/70

this and gave him until the 30th of January so that he had in all very nearly two months time in which to pay. When payment was not forthcoming we sent the papers to our Town Agent on 18th of February. These included the usual Form of Affidavit made by the Plaintiffs secretary averring that the amount of the account was due for goods sold and delivered and that the appearance had been entered solely for the purnose of delay. A week later our Town Agent informed us that it was necessary to give detailed particulars of the claim in the Affidavit and we had a fresh Affidavit prepared with a detailed Statement of Account marked as an Exhibit and completed by the Plaintiffs secretary. The amended Affidavit was returned to our Town Agent on 26th February. Our Town Agent informed us that the matter came before the Master on the 19th of March and that while all the necessarv Affidavits were in order the Master queried the endorsement on the Summons and stated that it did not comply with the ruling of Mr. Justice Murnaghan as regards the endorsement. He stated that the endorsement should give particulars of the dates on wh'ch the (roods were delivered, or .the first and the last date, showing the amounts and giving credit separaely if in fact there were any credits (which there were not in this case). Our Town Agent infomed us that it was necessary to prepare a new Summons and forward it for issuing. The position therefore is that four months after the Summons was issued that we now have had to start all over again. We do not know the date on which the ruling of Mr. Justice Murnaghan as regards the endorse ment was made. For the following reasons we think that the ruling as regards the endorsement and even the necessity to give detailed particulars in the Affidavit of Debt) is altogether unnecessary so far as a Plaintiff is concerned. 1. Detailed Invoices and Stattments uf Account in this were and are usually furnished by merchants to their customers. 2. A Defendant can always serve a Notice requiring detailed particulars of an account. 3 In the case of disnuted account the Defendant has the right to file a Defence. 4. Notice of Motion for Judgment is served on Defendant. 5. If Judgment is obtained wrongly against a Defendant he has the right to apply to have it set aside, probably with costs against the Plaintiff. Therefore there are many opportunities and remedies open to the defaulting debtor and we c'o not see why merchants who give goods on credit shoud have matters made so difficult, complicated and expensive for them that they cannot readilv obtain judgment against a defaulter. In many cases speed in obtaining judgment is of the utmost importance as the case of fly by night debtor occasionally arises. Apart from the foregoing there is also the question of why the High Court Central Office should issue a Summons if the endorsement is obviously defective. In High Court matters as you know the Summons is issued by the Court and not by the Plaintiff. We think that the matter should brought to the attention of the Superior Courts Rules Committee as we feel that the law should be on the side of the ordinary business community and not on the side of defaulting ('rjtors when in fact there are so many reriedies at their disposal. 23

German Association of Advocates. Hamburg, 14th May, 1970. MATTER—EXCHANGE OF CHILDREN BETWEEN GERMANY AND IRELAND Most Honoured Colleague, For several years I have endeavoured to arrange through the Law Society of England and Wales an exchange of Children of German and English Lawvers during the holidays. It has has now struck me whether it would be possible for us to undertake a similar exchange with the daughter of an Irish colleague. I therefore turn to vou in the ho^e that it mav be possible for you to arrange such an exchange during the holidays. We are concerned about the 14 year old daughter Susan of our colleague Wolfgang Heenen, 4224 Hiinxe, Minnekenstege 57. She would very much like to come for a few weeks to a colleague in Dublin who would have a daughter of the same age preferably between the 18th July and 5th September. Our colleague Mr. Heenen would be prepared to receive into his family the daughter of an Irish colleague either at the same time or in some other year. Apart from the aforementioned daughter Mr. Wolfeang Heenen has two sons of 16 and 17 vears of age. It would please me if you would happen to know amongst your Dublin colleagues someone whose daughter would like to undertake an exchange with Susan Heenen and and who would be interested to go to Germany for several weeks and stay with our colleague Mr. Heenen. As there is not very much time before the beginning of the summer holidays to make preparations, I would suggest that if this proposition is acceptable you should get directly in touch with Mr. Heenen. Yours sincerely, (DR. JURGEN CHEMNITZ) Director. Any member interested in this proposal is asked to write to the Secretary incorporated Law Society of Ireland. We act for the Plaintiffs in this matter. The Debtor owed them a sum of £841 odd and on 2nd December last or shortly afterwards the Summary Summons was issued by the Central Office. The Endorsement of Claim was as follows. "The Plaintiffs claim is for the sum of £841/16/8d. amount due for rroods sold and delivered by the Plaintiffs to the Defendant, his servants or aeents within the last six years detailed particulars of which have already been furnished to the the Defendant AND also due upon an account stated and settled." An appearance was entered by the Defendant and he asked for a month's grace to pay the account through his solicitors. Rather reluctantly our clients agreed to Dear Sir, JUDGMENT MOTION