The Gazette 1972

THE SOCIETY Proceedings of the Council

service in return for his membership subscription. It was decided that the P.M.P.A. be informed that the type of letter written in this case is objectionable on the ground that there is a selection of a particular solicitor to represent members and that if the Association wish to provide a legal service the client should have the right to choose his own solicitor. Professional privilege Members acted for an insurance company which was defrauded by one of their employees in a substantial sum. The employee was convicted and served a term of imprisonment. Members were instructed to institute proceedings against four banks for negligence. The pro- ceedings had been settled. Neither members' clients nor the banks wanted the publicity of Court proceedings. Prior to the discovery of the fraud the employee had consulted member in connection with the purchase of a house and paid the sum of £200 towards the deposit. Members still hold the deposit although they have been asked by this client to return it. They know that the money rightfully belongs to the insurance company and the company has information as to the position and have asked them to pay it over in part satisfaction of the employee's liability. The Council stated that the matter is covered by professional privilege and that no information or payment should be given to the com- pany without the client's consent. If the company obtained a )garnishee order the position would be different. Delay in the publication of statutes It was decided that the matter be taken up with the solicitor representatives in the Oireachtas. Estate duty on property sold by personal representatives in the course of administration The Secretary drew attention to the provisions of Section 32 of the Finance Act, 1971, which amended Section 8 (4) of the Finance Act, 1894. The effect of this amendment seems to be that a purchaser from personal representatives of leasehold property in the course of administration may have to require a certifi- cate of discharge from death duties. The Secretary had been in communication with the Estate Duty Office and while it appeared that this was not the intention of the amendment the position seems to be doubtful. It was decided to send a case to counsel for advice. Blackhall Place A request has been received from the Dublin Cor- poration for permission to use the premises as a transit centre in the event of an influx of refugees from Northern Ireland in the case of an emergency. It was decided to accede to the application subject to a com- plete indemnity to be drafted by the Society's solicitors against any liability for damage to persons or property.

MEETINGS OF THE COUNCIL SEPTEMBER 28th

The President in the chair, also present: Messrs W. B. Allen, Walter Beatty, Bruce St. J. Blake, John Carri- gan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon James R. G. Green, Gerald Hickey, Michael P. Houlihan, Nicholas S. Hughes, Thomas Jackson Jnr., John B. Jermyn, Francis J. Lani- gan, Eunan McCarron, Patrick McEntee, Brendan A. McGrath, Patrick C. Moore, George A. Nolan, Patrick Noonan, John C. O'Carroll, Peter E. O'Connell, Thomas V. O'Connor, Patrick F. O'Donnell, William A. Osborne, Peter D. M. Prentice, Mrs. Moya Quinlan, Ralph J. Walker. The following was among the business transacted. Lecturer and examiner in tax law Mr. Michael O'Keeffe, B.L., was appointed in place of Mr. Diggin owing to the unforeseen inability of the latter to lecture on dates which would not be in conflict with university lectures. Circuit Court costs It was reported that the making of new scales of Circuit Court costs including the costs of the increased jurisdiction have been postponed due to failure to reach agreement on the scale of counsels' fees to be included in the new rules. The Minister was prepared to sign the rules already submitted giving effect to solicitors' scales of costs but the Rules Committee were divided on this proposal and no rules have yet been made. It was decided that a letter should be written to the appro- priate authorities that rules should be made dealing with solicitors' remuneration leaving counsels' fees to be A member wrote to the Society enclosing a list of 80 dealings lodged with the Land Registry from as far back as March 1969 in which the title had not yet been registered It was decided that the matter should be taken up with the Department of Justice and with the solicitor members in Dail Eireann. Private Motorists Protection Insurance Co. The P.M.P.A. offer a legal service to their members on the same lines as the A.A. A member wrote to the Society enclosing a letter written by the P.M.P.A. Insur- ance Co. offering to act for the member in pursuing a claim for damages to his car in which the P.M.P.A. Insurance Co. had third party liability only. Corres- pondence between the Society and the P.M.P.A. Insur- ance Co. disclosed the information that the company had no contractual insurance interest in the case. They do, however, wish to operate a practice whereby a member of the Association would be entitled to a legal dealt with separately. Land Registry delays

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