S.I. No. 234/1955 - Solicitors' (Compensation Fund) Regulations, 1955.

S.I. No. 234 of 1955.

SOLICITORS' (COMPENSATION FUND) REGULATIONS, 1955.

The Incorporated Law Society of Ireland in exercise of the powers conferred on them by sections 4 and 5 and paragraph 19 of the Fifth Schedule to the Solicitors' Act, 1954, and of every other power thereunto them enabling and with the concurrence of the Chief Justice hereby make the following Regulations :

1. These regulations may be cited as the Solicitors' (Compensation Fund) Regulations, 1955.

2. These regulations shall come into operation on the 24th day of November, 1955.

3. In these regulations the expression " the Act " means the Solicitors' Act, 1954; the expression " the Secretary " means the Secretary or acting-Secretary for the time being of the Incorporated Law Society of Ireland ; other expressions have the meanings assigned to them in the Act. References to " the Council " include any Committee to which functions of the Council may for the time being be delegated under section 73 of the Act.

4. The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these regulations as it applies for the purpose of the interpretation of an Act of the Oireachtas except in so far as it may be inconsistent with the Act or these regulations.

5. Any person proposing to apply to the Society for a grant from the fund in respect of a loss shall, as soon as practicable and in any case within three months after the date when the loss first came to his knowledge, deliver to the Secretary a notice in, or substantially in, the form set out in form CF 1 in the Schedule hereto, giving such particulars of the loss as he is at the time able to furnish.

6. An application by a person for a grant from the fund in respect of a loss shall be made in, or substantially in, the form set out in form CF 2 in the Schedule hereto, and shall be delivered to the Secretary within six months from the date on which the loss first came to his knowledge.

7.—(1) The Council before deciding whether or not to make a grant out of the Fund may require the applicant :—

(a) to bring the facts in connection with his claim to the attention of the Attorney General,

(b) to bring proceedings for the recovery of the monies which he claims to have lost,

(c) to make an application to the Disciplinary Committee.

(2) The Council may as a condition of making a grant out of the fund require any person to execute all such documents and take all such steps as may, in the opinion of the Council, be necessary to protect the rights of the Society under paragraph 14 of the Fifth Schedule to the Act.

8. A notice from the Society requiring the production or delivery of documents under paragraph 15 of the Fifth Schedule to the Act shall be in the form CF 3 in the Schedule hereto and shall be sent to the solicitor and any other person known or believed to have the possession or control of such documents and in the case of a firm to each known member of the firm.

9. The Council may waive any of the provisions of these regulations or permit the amendment in any respect of any notice or application.

10. Any notice from the Society or requirement of the Council under these regulations may be communicated by notice in writing which may be delivered personally or sent by registered post to the addressee at his last known address. Any such notice sent by registered post shall be deemed to have been received by the addressee within 48 hours of the time of posting and in proving service it shall be sufficient to prove that the notice was properly addressed and posted.

Form CF 1.

SCHEDULE.

NOTICE OF LOSS.

SOLICITORS' ACT, 1954.

In the Matter of........................................,a Solicitor.

TAKE NOTICE that I (a)........................................have sustained a loss of approximately £................................ which I have reason to believe is due to the dishonesty of (b)........................................ or (c) his/their clerk(s) or servant(s).

I append such particulars relating to the loss as I am in a position to furnish at this date :—

(a) Insert the full name and address of the claimant.

(b) Insert the name and address of the solicitor or firm of solicitors concerned.

(c) Strike out if no clerk or servant is concerned.

PARTICULARS TO BE GIVEN.

1. The name and address of the person on whose part dishonesty is alleged.

2. The circumstances in which and the date or dates upon which the money or other property in respect of which the loss is alleged to have been sustained came into the possession of the solicitor, clerk or servant.

3. The facts relied upon in support of the allegation of dishonesty.

4. The steps, if any, which have been or are about to be taken (a) to pursue any civil remedy in relation to the circumstances of the loss, and (b) with a view to the institution of any criminal or disciplinary proceedings in respect of the alleged dishonesty.

5. The date upon and the circumstances in which the loss first came to the knowledge of the person proposing to apply for a grant.

6. The name and address of any solicitor instructed or proposed to be instructed on behalf of that person.

7. Any other relevant particulars.

(Signed)............................................................ ..................

Dated............................................................ ..................

To the Incorporated Law Society of Ireland.

Form CF 2.

APPLICATION FOR A GRANT OUT OF THE COMPENSATION FUND.

SOLICITORS' ACT, 1954.

In the matter of.................................................., a Solicitor

I (a)........................................hereby apply to the Council of The Incorporated Law Society of Ireland that in the exercise of the powers conferred upon them by the Solicitors' Act, 1954, they may make to me a grant of £............................out of the Compensation Fund by way of compensation for a pecuniary loss sustained by me by reason of the dishonesty of (b)......................................of........................................, (c)................................................ Notice of this loss was delivered to the Society on the....................day of............................................, 19 , and full particulars thereof appear in the Schedule hereto :

(a) Insert the full name and address of the applicant.

(b) Insert name and full address of solicitor or firm of solicitors.

(c) If the dishonesty is that of a clerk or servant, insert his name and the name and address of the employer, making any necessary adaptations of this form.

SCHEDULE.

(Here state concisely in numbered paragraphs showing the applicant's means of knowledge :—)

(1) The circumstances in which and the date or dates upon which the money or other property in respect of which the loss has been sustained came into the possession of the solicitor, clerk or servant, and full particulars of such money or property ;

(2) The facts relied upon in support of the allegation of dishonesty ;

(3) The date upon and the circumstances in which the loss first came to the knowledge of the applicant ;

(4) Particulars of any relevant documents which can be produced in support of this application.

(5) Whether to the knowledge of the applicant any other application is likely to be made in respect of the facts set out in this application and if so by whom ;

(6) Whether any civil, criminal or disciplinary proceedings have been taken in respect of the facts set out in this application ; if so, with what result ; if not, what proceedings or what steps with a view to proceedings, if any, it is proposed to take ;

(7) The name and address of any solicitor instructed on behalf of the applicant.

(8) Any other relevant particulars.

To the Incorporated Law Society of Ireland.

I solemnly and sincerely declare that the information given by me in this application is true to the best of my knowledge and belief, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act, 1938 .

Dated this............day of........................................19. .

Declared before me by........................................who is personally known to me (or who is identified by....................................) who is personally known to me) at........................................this............day of........................................19 .

Form CF 3.

NOTICE REQUIRING THE PRODUCTION OR DELIVERY OF DOCUMENTS.

SOLICITORS' ACT, 1954.

In the matter of.................................................., a Solicitor

TAKE NOTICE that the Incorporated Law Society of Ireland having reasonable cause to believe that dishonesty of................................................solicitor........................................in the title hereof named or of his clerk or servant has occurred hereby require the production and delivery to (a)............................of........................................being the person appointed by the Society for that purpose, or to his servants or agents, of all documents in the possession or control of the said solicitor or of his firm in connection with his practice as a solicitor or relating to any trust of which such solicitor is the sole trustee or of which the trustees are such solicitor with a partner, clerk, or servant of his, or with more than one of such persons, or of the following documents only (if certain documents only are required they should be specified) at such place and at such time as the said (a)........................................may appoint for such purpose, and further take notice that if you refuse or fail to produce and deliver, such documents in accordance with this notice, proceedings will be taken by the Society under paragraph 15 of the Fifth Schedule to the said Act.

(a) Insert name of person appointed to take delivery of documents.

Dated this............day of........................................19 . 

Signed............................................................ ...............

Registrar of Solicitors.

To................................................, Solicitor

and all others whom it may concern.

Extract from the Fifth Schedule to the Solicitors' Act, 1954.

15.—(1) Where the Society have reasonable cause to believe that dishonesty of a solicitor has occurred, they may by notice require the production or delivery to any person appointed by the Society, and may take possession of all or any documents in the possession or control of such solicitor or his firm, or relating to any trust of which such solicitor is the sole trustee or of which the trustees are such solicitor with a partner, clerk or servant of his or with more than one of such persons.

(2) Where a person, having possession or control of documents which he has been required under this paragraph to produce or deliver, refuses or fails to produce or deliver them in accordance with the requirements—

(a) he shall be guilty of an offence under this paragraph and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and

(b) the Society may apply to the High Court and that Court may by order require such person to produce or deliver the documents.

Signed on behalf of the Incorporated Law Society of Ireland this 24th day of November, 1955.

THOMAS A. O'REILLY,

President of the Incorporated Law Society of Ireland.

I concur in the making of the above regulations.

CONCHUBHAR A. MAGUIDHIR,

Chief Justice