S.I. No. 115/1963 - Solicitors (Compensation Fund) Regulations, 1963.


S.I. No. 115 of 1963.

SOLICITORS (COMPENSATION FUND) REGULATIONS, 1963.

The Incorporated Law Society of Ireland in exercise of the powers conferred on them by sections 4 and 5 of the Solicitors Act, 1954 , section 24 of the Solicitors (Amendment) Act, 1960 and of every other power thereunto them enabling and with the concurrence of the President of the High Court hereby make the following regulations.

1. These regulations may be cited as the Solicitors (Compensation Fund) Regulations, 1963.

2. These regulations shall come into operation on the 21st day of June, 1963. The Solicitors (Compensation Fund) Regulations, 1955 ( S.I. No. 234 of 1955 ) are hereby revoked.

3. In these regulations the expression " the principal Act " means the Solicitors Act, 1954 ; the expression " the Act of 1960 " means the Solicitors (Amendment) Act, 1960 ; the expression " the Acts " means the Solicitors Act, 1954 and the Solicitors (Amendment) Act, 1960 ; 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 Acts. 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 principal 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 Acts or these regulations.

5. Any person proposing to apply to the Society for a grant from the Compensation 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 the form in CF. 1 in the schedule hereto, giving such particulars of the loss as he is at the time able to furnish. An application for a grant from the Compensation Fund in respect of a loss shall be made in, or substantially in, the form in 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.

6.—(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, including proceedings in bankruptcy, against the solicitor in respect of the loss and to exhaust all remedies against the solicitor and his estate,

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

(2) The Council may as a condition of making a grant from the Compensation Fund, require any person to answer all questionnaires, execute all documents and take all steps as may, in the opinion of the Council, be necessary to prove the claim or to protect the rights of the Society under section 21 (8) of the Act of 1960 and may require the applicant to verify any document by affidavit.

7. A notice from the Society requiring the production or delivery of documents under section 19 (1) of the Act of 1960 shall be in 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.

8. The Council may waive any of the provisions of these regulations or permit the amendment in any respect of any notice, application or other document.

9. Any notice from the Society or requirement of Council under these regulations may be communicated in the following manner

(a) it may be served—

(i) by delivering it to that person, or

(ii) by sending it by registered post in an envelope addressed to that person at his last known place of business or residence in the State or, if he is a solicitor, at the last address appearing in the register of practising solicitors.

(b) where that person is absent from the State or his whereabouts is unknown and cannot be ascertained by reasonable inquiries, or where the notice or document, having been sent by registered post in the manner specified in subparagraph (ii) of paragraph (a) of this regulation has been returned undelivered, the High Court may make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as may seem just.

SCHEDULE.

Form CF. 1.

NOTICE OF LOSS.

SOLICITORS ACTS, 1954 AND 1960.

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 :

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 allegations 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)........................................

To the Incorporated Law Society of Ireland.

(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) Name of clerk(s) or servant(s) otherwise strike out.

Form CF. 2.

APPLICATION FOR A GRANT OUT OF THE COMPENSATION FUND.

(Heading and title as in form CF. 1)

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 Acts, 1954 and 1960, they may make 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 and in the answers to the questionnaire lodged with his application.

SCHEDULE.

Here state concisely in number 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 ; and 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.

(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.

To the Incorporated Law Society of Ireland.

I............................................................ ........of............................................................ ........make oath and say that I am the applicant mentioned in the form CF. 2 attached for a grant from the Compensation Fund in respect of......................................................solicitor and that I am the person lawfully entitled to any grant made by the Society and that the information given in the said form CF. 2 and in the attached questionnaire to which I signed my name is true and that the documents lodged with this application are true originals or true copies thereof.

Dated this day of 19 . 

Sworn, etc.

Form CF. 3.

NOTICE REQUIRING THE PRODUCTION OR DELIVERY OF DOCUMENTS.

(Heading and title as in form CF. 1)

TAKE NOTICE that the Incorporated Law Society of Ireland being of opinion that............................................................ ......solicitor............................................................ ..in the title hereof named or his clerk or servant has been guilty of dishonesty in connection with the practice of the said solicitor 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 section 19 of the Solicitors (Amendment) Act, 1960 .

Dated this day of 19  . 

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

Registrar of Solicitors.

To............................................................ ......

and to all others whom it may concern.

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

EXTRACT FROM SECTION 19 of THE SOLICITORS (AMENDMENT) ACT, 1960 .

19.—(1) Where the Society are of opinion that a solicitor or a clerk or servant of a solicitor has been guilty of dishonesty in connection with that solicitor's practice as a solicitor or in connection with any trust of which that solicitor is a trustee, 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 section 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 section 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 20th day of June 1963.

FRANCIS J. LANIGAN,

President of the Incorporated Law Society of Ireland.

I concur in the making of the above regulations.

(Signed) CAHIR DAVITT,

President of the High Court.

EXPLANATORY NOTE.

The regulations prescribe the procedure for applications for grants from the Compensation Fund under the Solicitors Acts, 1954-60. They follow the general lines of the procedure under the Solicitors (Compensation Fund) Regulations, 1955, which are revoked, and contain certain additional provisions designed to protect the rights of the Incorporated Law Society of Ireland to subrogation against the assets of the solicitor in respect of whom the claim is made.