The Gazette 1972

THE SOCIETY Proceedings of the Council 23 MARCH 1972

date for the running of interest from any date from the accrual of the cause of action up to the date of pro- nouncement of the judgment. No action appeared to have been taken on the committee's report since it was submitted in December 1969. The Secretary was directed to write to the Department of Justice and to the various committee asking that steps should be taken to imple- ment the recommendations. Costs of search against mortgagor On repayment of a mortgage the solicitors for the mortgagees required a hand search against the mort- gagors on the ground that if a second mortgage ap- peared on the search they must hold the deeds in trust for the second mortgage. The Council decided to express no view on the legal aspect of this matter but were of the opinion that there is no established practice of mort- gagees asking for a search to ascertain the existence of puisne mortgages before executing the reconveyance of the original mortgage on repayment. Section 94, Income Tax Act, 1967 Members received a notice under the section requir- ing them to furnish within twenty-one days particulars in regard to all rents or other payments arising from premises in the State belonging to any other person who is chargeable in respect thereof or who would be chargeable if he were resident in the State of which members in whichever capacity are in receipt. Section 94 provides that an inspector of taxes may require any person who as agent manages premises or is in receipt of rent or other payment arising from the premises to furnish the prescribed particulars. The Committee con- sidered the question whether the notice should specify the particular premises in respect of which the infor- mation is sought. The notice as drafted required mem- bers to make a general search in their books for all clients in respect of whom they receive any rent. Consid- eration of this matter was adjourned. Finance Act, 1969, Section 25 This Section applies Section 434 of the Income Tax Act, 1967, to rents collected by agents and payable to non-residents. The obligation of Section 434 is to deduct the appropriate amount of tax from the payment and to account for the amount so deducted to the Revenue Commissioners. There appears to be no obligation to disclose the name and address of the client. The Council on a report from-a committee stated that members were obliged to deduct the appropriate tax from the rent received for their client and to remit the tax to the Revenue Commissioners and to remit the net amount of the rent to the client. There is no obligation to disclose the name and address of the client without the client's permission. The client if advised can make an appli- cation for a refund or for exemption. 99

The President in the chair, also present Messrs W. B. Allen, Walter Beatty, Bruce St. J. Blake, John K. Coakley, Anthony Collins, Laurence Cullen, Gerard M. Doyle, James R. C. Green, Gerald Hickey, Christopher Hogan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, Eunan McCarron, Patrick McEntee, Brendan A. McGrath, John Maher, Patrick C. Moore, Senator J. J. Nash, George A. Nolan, John C. O'Carroll, Peter E. O'Connell, William A. Osborne, Peter D. M. Pren- tice, Mrs. Moya Quinlan, Robert McD. Taylor, Ralph J. Walker. The following was among the business transacted. Solicitors Remuneration General Order 1972 The Secretary reported that on the motion of the Minister for Justice a resolution had been passed in Seanad Eireann disallowing the Solicitors Remuneration General Order 1972 which provided for an increase of 42 per cent on the present item charges. The Minister a lso indicated to the statutory body that he would be prepared to approve an increase of 20 per cent on the present items. It was decided to ask the statutory body t o make a general order providing for such an increase as an interim measure pending the general consideration the whole question of solicitors' remuneration. Gosts and rules for increased jurisdiction in Circuit and District Courts The Secretary reported that draft scales had been prepared by the Circuit and District Court Rules Com- mittee and submitted to the Department of Justice and |^ a t the rules were still under consideration by the Department. It was decided that urgent representations should be made to bring the scales into operation with- °ut delay as there is no provision in the present rules for l he costs where the amount claimed falls within the extended jurisdiction. Professional liability insurance scheme A meeting was held between Mr. Beatty and the Secretary with Mr. J. G. Carr, Managing Director of *rish Underwriting Agencies Ltd. The report indicated H a t the insurance companies are seeking an increase in me premiums based partly on anticipated losses and Partly o n the inflationery trend which is affecting all msurance policies. It was decided that the Secretary mould communicate with Irish Underwriting Agencies Dtd. and ask them to report back to the Society before Premium rates are raised. Merest on damages The Tenth Interim Report of the Committee on °urt Practice and Procedure made a number of ^commendations as to interest on judgment debts in- u ding power to the Court to fix the commencement