The Gazette 1987

GAZETTE

SEPTEMBER 1987

(5) A solicitor should not interview a client, if that client has already been granted legal aid and assigned a solicitor, without informing that already assigned solicitor. A solicitor should not seek to interview such a client unless he has specific instructions from that client, or, if the client is a young person (i.e. under 17 years old), his/her parents or guardians. • Common Law Motions Where the Court on a motion for judgment in default of Defence in actions claiming unliquidated damages in tort or contract makes an Order on consent or otherwise extending the time for delivery of Defence the applicant may also request the Court to adjourn the motion generally with liberty to re-enter. If no Defence is delivered within the time fixed (or other further time agreed between the parties) the motion may be brought before the Court on service of Notice of re- entry and lodgment of a copy thereof and of the original Notice and Order in the Central Office without the necessity of complying again with the provisions of Order 27 r. 9(1) and (2) of the Rules of the Superior Courts. • Ex-Parte Application Practitioners are requested to file the grounding Affidavit in the Central Office beforehand and use a certified copy bearing the record number issued by the Central Office on moving the application. • Court Fees Exemption from Court fees applies only to habeas corpus proceedings, proceedings under the Extradition Act 1965, bail applications and proceedings in a criminal case by way of Certiorari or Mandamus. In all other cases the fees at present chargeable pursuant to the Supreme Court and High Court (Fees) Order 1986 are £6 in respect of filing an Affidavit and an additional £17 in respect of an originating ex-parte application. The specific nature of the Order

sought will need to be ascertained to establish whether proceedings by way of Judicial Review are exempt from Court fees. It should be noted that proceedings by way of prohibition are not exempt even in criminal cases. • Death Certificates Members are advised that the cost of Death Certificates has been increased from £3.00 to £5.00. • Transfer between Spouses under the F.H.P.A. 1976 Practitioners should be careful to note that the exemption from stamp duty and registration fees enjoyed on transfers of the Family Home into the joint names of both spouses under the Family Protection Act, 1976, does not extend to Capital Acquisition tax. Such a voluntary disposition constitutes a gift inter-vivos for the purpose of the C.A.T. Act, 1976. Accordingly on re-sale or mortgage it is necessary to produce a certificate of Clearance from C.A.T. In addition, by virtue of the new computation rules contained in the Finance Act 1984, applicable to all gifts taken by the same Donee on or after the 2nd June 1982 are agreeable for the purpose of ass- essing the threshould amount. Thus, on such transfers under the F.H.P. Act, instructions should be obtained as to all previous gifts or inherit- ances received by the Donee spouse after the 2nd June 1982 and advice given accordingly. •

Practice Notes

Litigation Committee. Criminal Legal Aid — Change of Solicitor When a solicitor is assigned by a Court to represent a defendant in a criminal matter, the Court is the only tribunal that can discharge that assigned solicitor. A client cannot discharge the assigned solicitor without permission of the Court. Therefore: (1) If a client informs the assigned solicitor that he no longer wishes him to act, the assigned solicitor should bring this to the attention of the Court as soon as possible and it is then up to the Court tó discharge the solicitor frorh his assignment. (2) If an assigned solicitor receives a letter from another solicitor enclosing a notifi- cation from the client that the client wishes to discharge the assigned solicitor, the assigned solicitor should, if he deems it necessary or desirable, attempt to contact the client directly to verify the client's wishes; and must, in any event, bring the matter to the attention of the Court as soon as possible. (3) If a client informs the assigned solicitor (either directly or through another solicitor) that he has engaged another solicitor in a private capacity, the assigned solicitor must bring the matter to the attention of the Court as soon as possible. (4) An assigned solicitor is under no obligation to hand over any papers in his possession to the client or the intended new solicitor until the assigned solicitor has been discharged by the Court.

Inc. Law Society of Ireland Blackball Place, Dublin 7.

POCKET DIARIES 1988

Price £2.00 each incl. postage.

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