The Gazette 1978

GAZETTE

JULY-AUGUST

197

provided for, necessarily or properly done in preparing for a trial hearing or appeal or before a settlement of the matters in dispute. Mr. Behan emphasised that if a party felt aggrieved by the decision of the Taxing Master in relation to costs the rules prescribed for a most advantageous and unique procedure where by the dissatisfied party, for very little expense, could bring in objections before the Taxing Master who could then bring the matter under review. Ultimately there was provision for an application to be made to Court. Mr. Behan's lecture touched upon many aspects of the drawing of costs and much of what he had to say about the costs which a Solicitor is entitled to charge came as a surprise to many of the Practitioners present. His paper merits careful reading. (A copy of Mr. Behan's lecture can be obtained from Norman T. J. Spendlove, Solicitor, 94 Grafton Street, Dublin 2.) ASSOCIATION INTERNATIONALE DES JEUNES AVOCATS The annual conference of the Association Internationale des Jeunes Avocats will be held in Milan from the 2nd to the 6th of October, 1978. It will have as its themes the following: 1. Ecological Aspects of Manufacturers Liability. 2. Accessto Foreign Real Estate. 3. Speed and Efficacity of Civil Procedure — an Inter- national Survey. The A.I.J.A. was formed in Toulouse in 1962 with a view to analysing the problems of young lawyers, promotiong their formation, and playing an active role in the evolution of the profession and the formalisation of its professional principles. Its members belong to over 30 differnt countries. The Association seeks to accomplish its goals mainly via: — the work or permanents commissions; — the organisation of yearly congresses; — the organisation of introductory courses to the laws of the various countries of the world; — the organisation of professional practice periods abroad. Registration forms for the congress must be completed no later than 15th July 1978. For further details please contact Michael W. Carrigan of 61 Fitzwilliam Square, Dublin 2, Telephone 785766. PROPOSED EUROPEAN TRIP A trip to Brussels similar to the trips which the Society has recently made is under consideration by the Com- mittee. However, as the programme is at present in a somewhat embryonic state any person who might be interested in going on the trip or who may have some worthwhile suggestions as to the format which such a trip might take should contact Mary Finlay of 28/32 Upper Pembroke Street, Dublin 2, Telephone 765888. AUTUMN SEMINAR, It is some time since the Society has held a seminar in Wexford and the Committee has decided for a change of scene to hold the next seminar in Wexford on the weekend of 21/22nd October 1978. The programme is being worked out at the moment and full details of the programme will be announced a little closer to the time.

and any specialised knowledge given or applied on the part of the Solicitor, (e) The number and importance of any documents perused. (0 The place where and the circumstances in which the business or any part thereof is transacted and (g) The time reasonably expended thereon. Mr. Behan emphasised the necessity for the file and records to disclose reasonably the work done and the time spent as the Taxing Master would have particular regard to the file and records were he called upon to tax the bill furnished. Mr. Behan went on to deal with conveyancing fees and pointed out that the scale fees were contained in the Schedule of the Solicitors Remuneration General Order 1884. These scale fees were intended to cover the work contemplated by the Schedule and Mr. Behan took the view that any work which had to be done in consequence of some conveyancing requirement or enactment that came into operation subsequent to 1884 would not be covered by the scale fee. Consequently a Solicitor would be entitled to charge for the stamping of a deed with the P.D. stamp, the obtaining of Section 45 Consent or other similar work. For those who do not possess a copy of the 1884 General Order, Mr. Behan pointed out that as a rule of thumb any scale fee on a sale or purchase above £10,000 could be calculated as 1% plus £100, thus a scale fee on, say, a purchase price of £183,500 worked out at £1,935. Land Registry The Land Registration Rules 1972 prescribes that for conveyancing, or other business connected with registered property (except in the case of litigation), is to be regulated by the Solicitors Remuneration General Orders 1884 and 1960 save as varied by the Land Registration Rules. The Land Registry has its own scale fees which are different to those under the Solicitors Remuneration General Orders. Mr. Behan considered in particular the Land Regis- tration Rules and the important qualifications to their adoption of the Solicitors Remuneration General Order. Litigation Mr. Behan's consideration of costs was confined to Party and Party Taxation and referred in particular to the Rules of the Superior Courts 1962. He pointed out that costs in an Order mean Party and Party costs unless the contrary is expressed therein or by rule or statute. As far as taxation is concerned the Taxing Master will allow all costs charges and expenses as appeared to him to have been necessary or proper in enforcing or defending the rights of either party but the Taxing Master will not allow any costs which appear to him to have been incurred or increased through over- caution, negligence or mistake or by payment of special fees to Counsel or special charges or expenses to witnesses or other persons or by other unusual expenses. Order 99 of the Rules of the Superior Courts 1962 detail the points to which the Taxing Master should have regard in determining what costs should be awarded. As in the case of non-contentious matters the instructions fee is in reality the way in which a Solicitor is paid and the instructions fee element under item 17 of Appendix W of the Rules of the Superior Court is intended to cover the doing of any work not otherwise

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