The Gazette 1967/71

MEETINGS OF THE COUNCIL

The Council decided as between the parties that the letter did not amount to a personal under taking by member to discharge the creditor's claim from his own funds if the monies coming into his hands on behalf of the client were insufficient. Interest on damages Attention was drawn to the unfavourable posi tion of a client who is entitled to heavy damages and is faced by an insurance company. The insur ance company or any other wealthy corporation can afford to appeal and interest at only 4 per cent will be allowed on the amount of the High Court judgment. Assuming that the plaintiff obtains a verdict it may be well worth bringing an appeal on behalf of the defendants who will have the use of the plaintiff's money at 4 per cent. It was suggested that the law should be changed to correspond with the law in England where interest on damages will be assessed from the date of issue of the originating summons at a rate prescribed by the Rules of Court to correspond with the rate of interest on short term Government loans. It was decided that the Secretary should write to the Committee on Court Practice and Procedure suggesting that this matter should be investigated. Conflict of interest A motorist driving a car in which his wife and daughter were passengers was involved in a colli sion with another car as the result of which the motorist and his daughter were seriously injured and his wife was killed. The first motorist sued the second and instructed a solicitor, AB. The daughter and the representatives of the deceased wife brought representative actions against the drivers of both cars engaging XY & Co. as their solicitors for the representative actions. An assistant solicitor in XY & Co. who was dealing with the represen tative actions subsequently became associated with the office of the solicitor AB for the first motorist. The opinion of the Council was sought as to whether the fact that the assistant solicitor had dealt with the representative actions raised any conflict of interest which would prevent him from dealing with the proceedings on behalf of the first motorist against the second. The representative actions were defended by different solicitors. The Council on the facts before them held that there is no conflict of interest which would prevent the assistant solicitor from acting as mentioned above. 98

October 15th The President in the chair, also present: Messrs Brendan A. McGrath, Francis J, Lanigan, George A. Nolan, Robert McD. Taylor, Bruce St. John Blake, Peter D. M. Prentice, Desmond Moran, David R. Pigot, John Maher, Eunan McCarron, Augustus Cullen, Ralph J. Walker, Senator John J. Nash, William B. Alien, Gerald Hickey, William A. Osborne, Christopher Hogan, Patrick C. Moore, John Carrigan, Gerard M. Doyle, Peter E. O'Connell, Patrick Noonan, Thomas Jackson, Walter Beatty, James W. O'Donovan, Gerald J. Moloney, Patrick F. O'Donnell and Mrs. Moya Quinlan. The following was among the business trans acted. . Criminal legal aid scheme The motion on the agenda for the meeting of the Council on July 16th was again on the agenda for the present meeting. The President read a letter from the Minister for Justice indicating that new regulations were to be introduced forthwith giving effect to certain increases in fees. The motion on the agenda was not moved and accord ingly lapsed. Road Safety Committee Mr. Fionnbar Callanan, Assistant Solicitor in the office of the Law Agent, C.I.E., was appointed as the Society's representative on the committee. Legal remuneration—Central Costs Committee Correspondence received by the President from the Minister for Justice was read and a reply was settled. ..... Personal undertakings The following letter was written by a member to a solicitor acting for a creditor of his client. I confirm that my client is selling his premises and I have now received instructions to undertake that when the premises have been sold my client will discharge the amount due namely £1,^01:-17-'10 out :pf the -proceeds of sale.