The Gazette 1980

GAZETTE

APRIL 1980

Correspondence

importantly in a Central Register, which can be quickly checked by a Partner or Principal from time to time. Undertakings, as we know, involve a dual liability: (a) Professional, the breach of which may lead to Law Society sanction, (b) Negligence, which may lead to a claim for damages. In the latter connection it should be noted that Professional Indemnity Policies may only be relied on if the Undertaking has been signed by a Principal or Partner. I am always relieved when offered an Undertaking on the Law Society's form, since this inspires confidence in the Solicitor's system of recording, and therefore fulfilling it, but, as mentioned, this is all too seldom. I would urge that this form be generally adopted, since I feel that doing so would minimise the claims and complaints arising from breaches of Personal Undertakings. Yours faithfully, W. J. McGuire.

Office of the Minister for Finance, Dublin 2.

Mr. James J. Ivers, Director General, The Incorporated Law Society of Ireland, Blackhall Place, Dublin 7.

20 February, 1980

Re: Valuation Office

Dear Mr. Ivers, Thank you for your letter of 4 February, 1980, concerning delays arising in the Valuation Office. I have also seen your letter of 22 November, 1979, to my predecessor. At the outset I would like to say that I share your concern about those delays. The number of adjudications awaiting completion has been reduced from 2,941 cases to 1,094 at end-January and the Civil Service Commission are in the process of clearing candidates from a recent Valuer competition, so that offers of appointment will issue to some candidates in the very near future. Moreover, I have written to the Minister for the Public Service, Mr. Gene Fitzgerald, T.D., and asked him to arrange for an examination of the staffing levels, organisation and work procedures in the Valuation Office as a matter of urgent priority. Unfortunately, there are problems with using valuers in private practice to help clear the backlog. In essence, there could all too readily be a conflict of interest since valuations of property for taxation pruposes often involve disputation between the Valuation Office and private valuers. Also, as you are aware, the Valuation Office acts as an agent of the Revenue in verifying property valua- tions made by valuers in private practice. I will write to you again when I have further news. Yours sincerely, Michael O'Kennedy, Minister for Finance

77 Lower Leeson St., Dublin 2. 19 February 1980

The Editor, Law Society Gazette, Blackhall Place, Dublin 7.

Re: Conveyancing Notes

Dear Sir, I have read with interest the Conveyancing Note in the Gazette for December, 1979. I note that the Conveyancing Committee advise strongly against a Solicitor giving an Undertaking to a Bank to obtain Bridging Accommodation unless and until he is certain that all conditions of the loan can be complied with. I would suggest, contrary to this, that it would be a matter for the Bank to satisfy itself as to this before making the bridging finance available to the Solicitor concerned. Most Undertaking given, and all of mine, to a Bank include a copy of the Loan Approval itself showing all the conditions to be complied with and contain words to the effect that the amount of loan will be lodged to the credit of the Client's account "when same comes to hand". It seems to me that if the Bank are watching their own interests they would be advised to satisfy themselves as to the position with regard to the conditions in the Loan Approval. I would further suggest that if the Bank issues Bridging Accommodation in the circumstances outlined in the notes then it is the Bank which is negligent and not the Solicitor, and the Bank must, therefore, suffer the consequences. It is seldom, if ever, that a Bank will make overdraft facilities or bridging accommodation available on foot of a Contract for the sale of property when such Contract is subject to conditions, e.g. loan clause. I agree, of course, that a Solicitor should advise his client as to the inadvisability of completing a purchase on

5 & 6 Foster Place, College Green, Dublin 2. 5 February, 1980.

Re: Undertakings

The Editor, The Gazette.

Dear Sir, It is surprising how few of one's colleagues appear to he using the Form of Personal Undertaking devised by the Law Society, and available in booklet form at a modest charge. The recommendations printed on the fly- leaf of the booklet are invaluable in that they act as constant reminders of the responsibilities involved in 8'ving an Undertaking. Furthermore the form, being in quadruplicate, should ensure that the Undertaking is recorded in such a manner that fulfilment of it is not over- looked, namely on the file, with the documents, and most

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