The Gazette 1977

DECEMBER 1977

GAZETTE

acting in litigation for W, one of their partners neglected to renew his practising certificate; under ss. 18 and 23 of the Solicitors Act 1957, W resisted payment of the costs which would otherwise have been due from him. Held, Bridge L.J. dissenting, that the partnership had been dissolved by force of law under s. 34 of the Partnership Act 1890 when the solicitor ceased to be qualified and, since all the work done for W had been the responsibility of another solicitor, the solicitors could recover their costs: Hudgell, Yeates & Co., v. Watson, The Times, December 6, 1977, C.A. Planning Acts —planning permission — refusal to r enew t empor a ry permi ss ions — Secretary of State's decision ultra vires The applicants used premises in Mayfair for office use under temporary planning permissions. When these expired the Council refused to renew them and the Secretary of State upheld this refusal even though evidence called before the inspector showed that they could not be economically converted to residential use at the present and the inspector recommended an extension of five years for the permissions. The Court concluded that the Minister had not acted in accordance with his policy as laid down in the development plan of permitting such extensions and so had acted ultra vires, and his decision was quashed: Niarchos (London) v. Secretary of State for the Environment, The Times, December 16, 1977, Sir Douglas Frank Q.C.

RECENT ENGLISH CASES Irish Statute of Frauds — 1695

A concluded unilateral contract whereby the parties agreed to enter into a contract for the sale of land was held to be unenforceable. The unilateral contract was subject to the 1695 Act since it was a contract for a "disposition of [an] interest in land." The interest, which could be a future one, derived from the equitable interest that would arise from the contract for sale and the specific enforceability of that contract. There was no written note or memorandum sufficient for the 1695 Act. Nor were there sufficient acts of part performance. The purchasers relied on the acts done by them to satisfy the conditions of the unilateral contract, but none of those acts pointed to a contract between the parties. They could only be regarded as part performance if looked at in the light of the terms of the oral contract, but Steadman v. Steadman [1974] C.L.Y. 3968 forbade such an enquiry. Buckley LJ. made (avowedly obiter) observations on the true ratio of Law v. Jones [1973] C.L.Y. 3457 and the extent to which that case was in conflict with Tiverton Estates v. Wearwell [1974] C.L.Y. 3952: Draulla v. Four Mfllbank Nominees, The Times, December 3, 1977, C.A. Solicitors—fees—review of conveyancing fees [Solicitors Remuneration Order 1972 (S.I. 1972 No. 1139).] The Department of the Environment sought a review of solicitors' professional charges of £9,000 in connection with the preparation, settlement and completion of a lease of offices. The value of the land was £lm, and the cost of redevelopment amounted to a further £lm. The lease was for 40 years at a rental of £190,035 per annum. The taxing master had ordered that the costs be reduced to £6,900. Held, that (1) an hourly cost rate applied to recorded time only indicated the minimum figure the solicitor must charge, and was only one of a number of cross-checks on the reasonableness of the final figure; (2) it was reasonable to the client that remuneration should not be disproportionate to the value of the property; j per cent, on the first £250,000 in a major transaction and thereafter regressing, provided a reasonable method of assessment, but this figure should not be added to the remuneration for other elements; it is merely a check that the provisional figure bears a reasonable relationship to the value of the property; (3) the nature of the client's interest in the property was irrelevant; what mattered was the effect which that nature had on skill, work, complexity, etc. The court substituted a figure of £8,000. ( Property and Reversionary Investment Corp. v. Templar [1975] C.L.Y. 3292 considered): Treasury Solicitor v. Regester, The Times, December 23, 1977, Donaldson J.

WORKING PAPERS OF THE

LAW REFORM COMMISSION

No. 1—1977: The liability of Builders, Vendors and Lessors for the Quality and Fitness of Premises £1.50 (postage 20p extra) No. 2—1977: The Age of Majority £2.00 (postage 20p extra) No. 3—1977: Civil Liability for Animals £1.50 (postage 20p extra)

Available from:

THE LAW REFORM COMMI SS I ON River House, Ch a n c e ry S t r ee t, Dublin 7 or W. K I NG LTD. L aw S t a t i one r s, 1 8 Eustace S t r e e, Dublin 1

Solicitors — practising certificate — failure to renew — whether "unqualified" person bars firm from recovering costs [Partnership Act 1890 (c. 39), s. 34; Solicitors Act 1957 (c. 27), ss. 18, 23.] While a firm of solicitors was

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