The Gazette 1984

GAZETTE

APRIL. 1984

Practice Notes Drafting and Preparation of Legal Documents by Unqualified Persons The Company Law Committee of the Society has been monitoring the drafting and preparation of legal documents by unqualified persons such as accountants. The matter is governed by Section 58 of the Solicitors' Act 1954 which provides that it is an offence for an unquali- fied person to draw or prepare a document relating to real or personal estate or any legal proceedings unless the document is one specifically excepted by Sub-Section 4 of Section 58. The Society may consider taking legal action against persons who are in breach of the Section in the event of sufficient evidence being furnished to it. Solicitors are therefore requested to assist the Society by furnishing evidence to the Company Law Committee of any contravention of Section 58 which comes to their notice. It should be noted that if a Solicitor places reliance on a document prepared by a non-legally qualified person such Solicitor may lay himself open to a claim in negligence. • A civil process for hearing in the centre City courts of the Dublin Metropolitan District should be made returnable for a Monday at 10.30 a.m. in Court No. 7, Dolphin House, East Essex Street, Dublin 2, instead of Court No. 9 as heretofore. On the return day dates will be fixed for the trial of defended civil processes. Undefended civil processes, if ready, will be heard and disposed of on the return day. • County Dublin District Courts It may be of interest to practitioners to learn that as and from 1st May, 1984, the following changes will take place in County Dublin District Courts: Howth: The first, second, third and fourth Mondays of every month at 10.30 a.m. Civil business on the fourth Monday of every second month, starting Monday, 28th May. The first, second and fourth Thursday at 10.30 a.m. Civil business on the second Thursday. Balbriggan: The first, second, third and fourth Fridays of every month at 10.30 a.m. Civil business on the third Friday. Dundrum: The first, second and fourth Fridays of every month at 10.30 a.m. • Swords: Every Tuesday at 10.30 p.m. Civil business on the third Tuesday. Lucan: Dublin Metropolitan District Civil Proceedings

Section 45 Land Act, 1965 By Statutory Instrument number 144/1983 the Minister for Agriculture has added an additional category of "qualified person" to Section 45 of the Land Act, 1965. The additional category is a person who is a citizen of a member State of the European Communities and who (a) is exercising in the State the right of establishment as a self employed person under Article 52 of the E.E.C. Treaty by way of an economic activity the nature of which is specified in the relevant certificate given by that person under subsection 3 of the said Section 45 and (b) is acquiring an interest in land to which the said Section 45 applied for the purpose of or in connection with such exercise of that right. The Statutory Instrument is in fact considerably more limited than one might believe, as the person must be exercising the right of establishment as a self employed person and must be acquiring the interest for the purpose of or in connection with the exercise of that right of establishment. It would not appear to include foreign Nationals who buy holiday or retirement homes in Ireland or even Company Executives purchasing homes in the country. It would not appear to apply to Companies and accordingly it would appear that it may only apply to, for example, a Stud Farm acquisition by an individual non National. • The attention of practitioners is drawn to Order 26, rule 2 of the Rules of the Superior Courts which reads: "When a cause had been entered for trial, it may be withdrawn by either Plaintiff or Defendant, upon producing to the proper officer a consent in writing signed by the parties." Where a party wishes to withdraw an Action under this rule, the solicitor for such party should write to the Chief Registrar of the High Court quoting both Record Number and List Number, requesting that the Action be withdrawn and enclosing a letter of consent to such withdrawal from the solicitor for the other party. This rule does not apply to Actions involving persons in wardship, infant Plaintiffs or fatal injuries or actions in which money has been lodged. In such cases an Order of the Court will be required, except where money lodged is being accepted in satisfaction of a claim. Where, accordingly, Actions which have been set down have been settled on terms which require only an order striking out no application to the Court is necessary. EAMONN G. MONGEY Chief Registrar • Withdrawal of Actions Which Have Been Set Down

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