The Gazette 1983

GAZETTE

MARCH 1983

Education Note Final Examination — First Part 1982 — A Report

National House Building Guarantee Scheme

Practitioners will remember that when the Guarantee Scheme was originally introduced, its success was assured by the fact that the main Building Societies declined to give loans unless a Builder was registered with the N.H.B.G.S. This effectively forced all the larger builders tojoin the Guarantee Scheme. Exception was made at that time for "once off" houses, whether built by builders or by direct labour. The Law Society understands that the Guarantee Scheme has now concluded discussions with the Irish Building Societies Association which will, in effect, require all houses built by builders, whether speculatively or on a "once-off" basis, to be registered with the Guarantee Scheme. Many people are having "once o f f' houses built by builders in rural areas, on sites transferred from some member of their family, or purchased independently. Solicitors would be well advised to warn clients at the earliest stage possible that, if they hope to obtain a Building Society loan on the house in due course, that they must deal with a builder registered with the Guarantee Scheme. • Having checked with the Revenue Authorities, the Committee is satisfied that this is not a correct practice, and that Solicitors should issue a note of their fees and the V.A.T. thereon in the form of a V.A.T. Invoice. • Professional Indemnity Insurance At the meeting of the Council of the Society held on 18th February 1983, the President reported on the likelihood of an increase in premium in the coming year, commencing 1 st May, 1983 and on the discussions which had taken place with Minets in Dublin and London and with the Underwriter of the American International Insurance Company. The main problem was in the valuation of outstanding claims. The Society' representatives had persuaded Minets that the claims be reviewed and assessed by Senior Counsel and this was now being put/in hand. In addition, Committee members were making tneir own inquiries. At the end of the day, it could well be that the Society could still be dealing with Minets and, possibly, with the American International Insurance Company, but the Committee considered that every avenue should be explored, in view of the level of increase in premium which had been suggested. As decisions could be required before the next meeting of the Council, the President asked that discretion be given to the Committee to deal with the matter. This was agreed. • Conveyancing Notes Releases of Mortgages and Charges V.A.T. on Lending Institutions Solicitors Fees It has been brought to the attention of the Conveyancing Committee that some Solicitors acting for lending institutions are quoting their fees for the taking up of documents, and for preparation and completion of Releases of Mortgages, inclusive of V.A.T.

The Society held its Final Examination — First Part (the "Entry" Examination) in December 1982. The provisional, results were announced by the Education Committee on January 27th, 1983. The Society's examiners for the Final Examination — First Part were:

Subject

External Examiner Professor Bryan M. McMahon, (U.C.C.) Dr. Henry Ellis, (N.I.H.E. Limerick). Professor J. C. Brady, (U.C.D.). Professor R. F. V. Heuston, (D.U.). Mr. Patrick Ussher, (D.U.). Professor Kevin Boyle, (U.C.G.).

Internal Examiner Mr. Patrick McGovern, Solicitor Mr. William Binchy B.L. Ms. Mary B. P. O'Mahoney, Solicitor. Mr. Eamonn G. Hall, Solicitor Mr. Owen O'Connell, Solicitor. Mr. Brendan Garvan, Solicitor.

Tort

Contract

Property Constitutional Law

Company Law

Criminal Law

The examination papers are set by the Internal Examiners, subject to the approval of the External Examiners. The External Examiners review a cross section of all scripts and in particular the scripts of those candidates whose marks are on the borderline of Pass or Failure and are the final arbiters of the marks to be awarded to such candidates. The Internal Examiners present written reports on the examinations and all the Examiners are invited to meet with the Education Committee immediately prior to the consideration of the results. 226 Candidates sat the full examination in 1982.146 of them were declared to have passed the examination. 89 of the Candidates passed all the subjects which they sat (Law Graduates are exempt from Criminal Law). 57 Candidates were allowed compensation from other subjects. The following compensation rules were applied on this occasion. 1. No Candidate who failed to reach the Pass mark (50) in three subjects or more was allowed to compensate. 2. No Candidate who achieved less than 40 marks in any subject was allowed to compensate. 3. Any Candidate who had achieved less than 50 marks in two subjects was only entitled to compensate if that Candidate had achieved more than 45 marks in one of those subjects. 4. Candidates who had not achieved a total of over 250 marks were not entitled to compensate (marks in Criminal Law were not taken into account in computing this total). •

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