The Gazette 1991

GAZETTE

JANUARY/FEBRUARY 1991

notice of such documents at the pre contract stage it obliges the purchaser's solicitor to carry out a full and detailed investigation of title before advising his client to complete the contract. The Conveyancing Committee disapproves of the foregoing practice and recommends that in accordance with established con- veyancing practice the documents listed in the Documents Schedule to the standard Conditions of Sale should be limited to: — a. The root of title being shown. b. Any document to which title is stated to pass under the special conditions. c. Any document wh i ch is specifically referred to in a special condition. The Conveyancing Committee disapproves, save in very except- ional circumstances, of a practice which would unreasonably restrict solicitors for purchasers in carrying out proper and detailed investiga- tions of title on behalf of their clients. • Conveyancing Committee SCALE OF FEES AS AGREED . BETWEEN THE I R I SH I N S U R A N CE FEDERAT I ON AND THE I R I SH HOSPI TAL CONSULTANTS ASSOCIAT ION These f ees app ly f r om 1st January, 1991. MED I CAL REPORTS First Report and Examination - £100 Subsequent Reports - £85 COURT ATTENDANCES (Per case/Per day) High Court - £250 Per half day or part thereof. - £350 Full day or part thereof extend- ing into second half of day. Circuit Court - £200 Per day or part thereof. District Court - £160 Per day or part thereof. Expenses - Expenses as taxed out of town in addition to sub- sistence allowance.

CONSULTATIONS Consultation with Counsel (in consultants' rooms) - In Court other than on day of hearing -

Practice Notes

£70

£100

CONSULTANT FOR PLAINTIFF Consultation with Consultant for

defendant Telephone

- -

£20 £40 £60

Letter

Consultant to Consultant -

STANDBY FEES For standby within five (5) miles of Consultant's Hospital - 25% of days attendance rate For standby for a court more than five (5) miles from Consult- ant's Hospital - 50% of day's attendance rate. •

RE: DOCUMENTS SCHEDULE I N COND I T IONS OF SALE The intention of the Law Society Conveyancing Committee in pre- paring the standard Conditions of Sale for general use was that the Vendor would disclose at contract stage sufficient and adequate particulars of the Vendor's title to enable a Purchaser's solicitor to consider properly the adequacy of such title before completion of contracts in accordance with long standing conveyancing practice. The Conveyancing Committee anticipated that the documents which would be listed by Vendors solicitors in the Documen ts Schedule to a draft contract would disclose inter alia, the root of title and also the length of title being furnished. The Conveyancing Committee has become quite concerned at the developing practice of solicitors acting for vendors furnishing to purchasers solicitors copies of all documents relating to the vendor's title coupled with a special res- trictive condition worded in the following or similar terms viz: The title shall consist of the documents listed in the Documents Schedule and shall be accepted by the purchaser as full and adequate evidence of the vendor's title to the subject property. It is the view of the Committee that such a practice is a highly undesirable one as the Committee considers it to be unfair to pur- chasers and their solicitors as it is a clear attempt to restrict the raising of proper requisitions on title. Furthermore, the Committee considered that such practice also is unfair to purchasers and their solicitors as by putting them on

CONTINUING LEGAL EDUCATION ADMINISTRATION OF ESTATES Due to overbooking the above seminar run in Dublin on 17th December 1990 and Cork 31st January 1991 will be run in Dublin again on Friday 22nd February 2.30 - 6.30 p.m. Fee: £45.00. Applications should be sent to Geraldine Pearse, Law Society, Blackhall Place, Dublin 7, Phone 710711.

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