The Gazette 1983

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE

J U NE 1983

Vol. 77. No. 5

Comment . . . In a broad sense, few solicitors need to be told of the problems of delays and expenses associated with private house purchase transactions. Their appreciation and understanding of those problems is, however, and necessarily, subjective — confined to their particular difficulties. The recent Report by An Foras Forbatha* adds a new, albeit contentious dimension to the problems, resulting as it does from a three-year survey, involving data obtained from the Law Society, individual firms of solicitors, building societies, the Land Registry, the Registry of Deeds and the Valuation Office. Some practitioners may be tempted to criticise certain recommendations, but to do so would be a subjective reaction, discounting the mass of facts, figures and opinions which the Foras Forbatha team has analysed in the course of its investigations. To be told that a typical mortgage transaction with a building society takes five months from application to issue of cheque will come as a surprise to many, but this conclusion is derived from 197 transactions, taken from the three main building societies. In fact, of the 197 samples, 37% of cases took 6 months, 23% took 8 months and 15% took more than 10 months. In a brief note it is impossible to mention all the conclusions and recommendations of the Report. Most will please but some may not. Few will argue with the recommendation that duplication of solicitors be avoided by using one solicitor to represent both purchaser and lending agency. All must support the suggestion that rates of stamp duty on house purchases be substantially covered. The recommendation that attendance in person at the Registry of Deeds should no longer be required can only merit a standing ovation. The underlying concern of the Report is clearly that much of the delay and a consequent proportion of the expense of private house purchase transactions is caused by ever-increasingly complex bureaucratic requirements and procedural inefficiencies — in which the solicitors' profession must take its share — but by no means the entire — of the blame. Every solicitor should purchase and study this Report. Apart from considering the matter of putting one's own house in order, every practitioner should be in a position to take part in the informed debate which the subject merits and must have. The purchase of private houses is of equal importance to clients and solicitors and both have an equal interest in ensuring that these transactions are carried out as quickly and as inexpensively as possible. • •An Foras Forbatha — Report No. 1. Building Societies and Legal Requirements. Price £5. 115

In this issue . . .

Comment

Criminal Due Process and the Definition of Crime 117

Practice Notes

125

Freedom to Speak — or Sell?

127

Transfer of a Business and Protection of Employee's Rights 129

Book Review

155

I 3 6

Obituary

The Increasing Role of the Legal Profession in the Employment Appeals Tribunal 157

Correspondence

141

Professional Information

142

Executive Editor: Mary Buckley Editorial Board: Charles R. M. Meredith, Chairman John F. Buckley Gary Byrne William Earley Michael V. O'Mahony Maxwell Swe eney Advertising: Liam Ó hOisin, Telephone 3 0 5 2 36 The views expressed in this publication, save where other- wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. Th e appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised.

Published at Blackhall Place, Dublin 7.