The Gazette 1967/71

X-'' £.,«- - MEETING OF THE COUNCIL

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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