The Gazette 1991

DECEMBER 1991

GAZETTE

Referring to the book, Mr MacEntee continued: " I t is a brilliant book about the law as practised in Ireland. The stories are extremely funny and perennial. A theme runs through the book which is that Rex Mackey believes every barrister has an anarchistic streak. The stories are not merely legal anecdotes, it is a book with profound humanity and above all it is extremely humorous." Rex Mackey is a senior member of t he Irish Bar. Educated at Castleknock College, UCD, King's Inns and the Inner Temple, he took time off to become a distinguished actor in both Dublin and the West End. At a time when the Abbey was at its greatest, he starred in Drama at Innis; he acted in the Gate w i t h Hilton Edwards, Michael Macliamoir and Orson Wells in a variety of roles. He has written the dialogue for films in the UK. He also wrote plays for radio and a series for television. All through this period Rex Mackey kept up his practice at the Bar and became a member of the English Bar. The Gazette will shortly review Windward of the Law. The book (in hardback) is available from the Round Hall Press, Kill Lane, Blackrock, Co. Dublin at £19.50

p l a i n t i f f s, David and Susan Edwards and their company, Cabana Soft Drinks (Surrey) Ltd, claimed they had suffered financial loss because of false, misleading and negligent assurances about Mr. Hawkes's integrity given by the defendant after Mr. Hawkes had referred t hem to him for a reference. Mr. Hawkes had approached Mr. Edwards offering to arrange an exchange of his Mercedes car, then worth £28,500, for a Turbo Bentley which could be sold at a profit. Mr. Edwards had handed over the car, but began to worry about the ar rangement wh en he was approached by a Mr. Folley who had been offered the car by Mr. Hawkes for £25,500 and was suspicious about it. Mr. Edwards had confronted Mr. Hawkes, who at first denied having approached Mr. Folley, then denied the price of £25,500 and finally said he would not sell to Mr. Folley. When Mr. Edwards threatened to terminate their arrangement, Mr. Hawkes had told him to approach Mr. Lee, his solicitor, for a character reference. Mr. Lee had persuaded himself that because of legal professional privilege he could not lawfully tell Mr. Edwards that Mr. Hawkes was at that moment awaiting trial on charges where the facts were more or less identical to those currently worrying Mr. Edwards. He had told Mr. Edwards that he knew of no reason why Mr. Edwards would not recover his money. In the event, Mr. Edwards did not recover his money. In his Lordship's judgment, Mr. Lee could not fulfil his duty to Mr. Edwards to take such reasonable care as the circumstances required unless he first sought his client's permission to say all that he knew of him, warts and all, which he judged it necessary to tell Mr. Edwards in order to fulfil his duty to him.

Solicitor's Duty over Character Reference on Client The Queen's Bench Division (UK) held in the case of Edwards and Others -v- Lee (The Times Law Report, November 5, 1991) that a solicitor who was asked to give a character reference on a client and who was constrained by legal professional privilege f r om disclosing that the client was facing criminal charges, could not give t he client any sort of favourable reference. The Court held that the solicitor could not fulfil his duty of care to the reference-seeker unless he first sought his client's permission to reveal all that he judged it necessary to tell. If the client then refused permission, the solicitor should consider whether he could properly tell the reference-seeker anything. Damages for negligence to the third plaintiff, Cabana So ft Drinks (Surrey) Ltd, were awarded against the defendant, Julian Lee, a solicitor. Brooke J. said the defendant was a solicitor whose client Mr. Robert Hawkes was at the relevant time awaiting trial on 13 charges of criminal deception and other o f f ences of dishonesty. The

L-R: The Hon. Mr. Justice Brian Wa/sh, Rex Mackey SC, Dick Spring T.D., the Hon. Mr. Justice Henry Barron and Patric MacEntee SC PC at the launch of 'Windward of the Law' by Rex Mackey, published by the Roundhaii Press. 4 00

If Mr. Hawkes had w i t hhe ld permission in whole or in part, Mr.