S.I. No. 286/1970 -- Solicitors' Remuneration General Order, 1970.

S.I. No. 286/1970 -- Solicitors' Remuneration General Order, 1970. 1970 286

S.I. No. 286/1970:

SOLICITORS' REMUNERATION GENERAL ORDER, 1970.

We, the body in that behalf authorised by the Solicitors' Remuneration Act, 1881, as adapted by the Solicitors' Remuneration Act, 1881 (Adaptation) Order, 1946 (S.R. and O. 1946 No. 208) made pursuant to the Adaptation of Enactments Act, 1922 , do hereby, in pursuance and execution of the powers given to us by the said Statute as so adapted, and after due compliance with section 3 of the Solicitors' Remuneration Act, 1881, make the following General Order.

1. This Order may be cited as the Solicitors' Remuneration General Order, 1970, and this order and the Solicitors' Remuneration General Order, 1884, the Solicitors' Remuneration General Order (No. 1), 1920, the Solicitors' Remuneration General Order, 1947, the Solicitors' Remuneration General Order, 1951, the Solicitors' Remuneration General Order, 1960, and the Solicitors' Remuneration General Order, 1964, shall be read together and may be cited as the Solicitors' Remuneration General Orders, 1884 to 1970.

2. Each of the various sums set out in the General Orders made under the Solicitors' Remuneration Act, 1881, shall be altered by being restated in its decimal equivalent (in accordance with the provisions of the Decimal Currency Act, 1969 ) rounded off to the nearest new penny and accordingly the following parts of the said General Orders (being the parts requiring decimalisation namely Schedules 1 and 2 to the General Order of 1884) as so altered shall be as follows viz.:--

SCHEDULE I.

PART I.

(a) SCALE OF CHARGES ON SALES AND PURCHASES

	(1)	(2)	(3)	(4;	(5)	(6)
	For the 1st £1,000	For the 2nd and 3rd £1,000	For the 4th £1,000	For the 5th £1,000	For the 6th and each subsequent £1,000 up to £10,000	For each subsequent £1,000
VENDOR'S SOLICITOR:	£	£	£	£	£	£
For all charges including charges for negotiation by solicitor, connected with a sale of property by private contract or by auction, including preparation of contract and conditions of sale, deducing title and furnishing necessary searches and perusing and completing conveyance.	3·25 per £100	2·75 per £100	2·00 per £100	1·75 per £100	1·50 per £100	1·00 per £100
In cases of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £0·50 shall be made on columns Numbers 1 and 2, £0·25 on each of columns Numbers 3, 4 and 5, and £0·13 on column Number 6.

PURCHASER'S SOLICITOR:	£	£	£	£	£	£
For all charges connected with purchase of property, whether by private contract or by public auction, including perusal of contract or conditions of sale, investigating title and searches, and preparing, completing and registering conveyance.	3·25 per £100	2·75 per £100	2·00 per £100	1·75 per £100	1·50 per £100	1·00 per £100
	Subject to the same reduction as last tiem.

(b) SCALE OF CHARGES ON MORTGAGES

	For the 1st £1,000	For the 2nd and 3rd £1,000	For the 4th and each subsequent £1,000 up to £10,000	For each subsequent £1,000
MORTGAGOR'S SOLICITOR:	£	£	£	£
For all charges connected with loan, deducing title, furnishing searches, persuing and completing mortgage	2·25 per £100	1·50 per £100	0·75 per £100	0·37 per £100
MORTGAGEE'S SOLICITOR:
For all charges connected with loan, including investigation of title and searches, and preparing, completing and registering mortgage or other security deed.	3·00 per £100	2·25 per £100	1·13 per £100	0·56 per £100

VENDOR'S OR MORTGAGOR'S SOLICITOR:

For procuring execution and acknowledgement of deed by a married woman--£1·57 extra.

SCHEDULE I.

PART I

RULES

1. The remuneration for deducing title and perusing and completing conveyance on a sale by auction is to be chargeable on each lot of property, except that where a property held under the same title is divided into lots for convenience of sale, and the same purchaser buys several such lots and takes one conveyance, and only one abstract is delivered, the commission is to be chargeable upon the aggregate prices of the lots.

2. The remuneration according to preceding scale, on an attempted sale by auction in lots is to be chargeable on the aggregate of the reserved prices:--(a) When property offered for sale by auction is bought in and there is no further sale, three-fourths of above remuneration is to be allowed. (b) When property offered for sale by auction is bought in and terms of sale are afterwards arranged, the solicitor is to be entitled to charge remuneration according to the above scale on the actual price paid. (c) When property is bought in and afterwards offered by auction by the same solicitor, he is only to be entitled to the scale for the first attempted sale and for each subsequent sale ineffectually attempted he is to charge in accordance with Schedule II hereto. (d) In case of a subsequent effectual sale by auction, the full remuneration for an effectual sale is to be chargeable in addition, less one-half of the remuneration previously allowed on the first attempted sale.

3. Where a solicitor is concerned for both mortgagor and mortgagee he is to be entitled to charge the mortgagee's solicitor's charges only, save as hereinafter is provided for in Rule 6.

4. If a solicitor approves of a draft on behalf of several parties having distinct interests, proper to be separately represented, he is to be entitled to charge £3·00 additional for each such party after the first.

5. Where a party, other than the vendor or mortgagor, joins in a conveyance or mortgage, and is represented by a separate solicitor, the charges for such separate solicitor are to be dealt with under Schedule II.

6. Where a conveyance and mortgage of the same property are completed at the same time, and are prepared by the same solicitor, he is to be entitled to charge only half the above fees for investigating title and preparing the mortgage deed up to £5,000, and on any excess above £5,000, one-fourth thereof in addition to his full charges upon the purchase-money.

7. Fractions of £100, under £50, are to be reckoned as £50. Fractions of £100, above £50, are to be reckoned as £100.

8. Where the prescribed remuneration would, but for this provision, amount to less than £7·50, the prescribed remuneration shall be £7·50, except on transactions under £100, in which cases the remuneration of the solicitor for the vendor, purchaser, mortgagor or mortgagee is to be £4·50.

9. Where a property is sold subject to incumbrances, the amount of the incumbrances is to be deemed a part of the purchase-money, except where the mortgagee purchases, in which case the charge of his solicitor shall be calculated upon the price of the equity of redemption.

10. The above scale as to mortgages is to apply to transfers of mortgages where the title is investigated, but not to transfer where the title was investigated by the same solicitor on the original mortgage or on any previous transfer; and it is not to apply to further charges where the title has been so previously investigated. As to such transfers and further charges, the remuneration is to be regulated in accordance with Schedule II hereto.

11. The remuneration according to the preceding scale shall apply to sales and purchases of leasehold property although there may have been no previous assignment or other dealing with the leasehold interest since the grant of the lease.

SCHEDULE I

PART 2

SCALE OF CHARGES AS TO LEASES OR AGREEMENTS FOR LEASES AT RACK RENT (OTHER THAN MINING LEASES OR LEASES FOR BUILDING PURPOSES OR AGREEMENTS FOR THE SAME)

Lessors' Solicitor:
For preparing, settling and completing lease and counterpart. Where the rent does not exceed £100	...	£11·25 per cent on the rental but not less in any case than £4·50.
Where the rent exceeds £100 but does not exceed £500	...	£11·25 in respect of the first £100 of rent and £3·75 per cent in respect of each subsequent £100 of rent or any part thereof.
Where the rent exceeds £500	...	£11·25 in respect of the first £100 of rent, £3·75 in respect of each £100 of rent up to £500, and £1·50 per cent, in respect of every subsequent £100 or part thereof.
Lessees' Solicitor:
For perusing draft and completing. (No sum of less than £1 yearly rent to be taken into account in any case)	...	One-half the amount payable to the Lessors Solicitor, but not less in any case than £3·15.
In case the Lease is registered a charge of £3·00 to the Solicitor registering same.
SCALE OF CHARGES AS TO CONVEYANCES IN FEE, OR FOR ANY OTHER FREEHOLD ESTATES RESERVING RENT (NOT BEING A FEE-FARM GRANT UNDER THE RENEWABLE LEASEHOLD CONVERSION ACT OR THE CHURCH TEMPORALITIES ACTS), OR BUILDING LEASES RESERVING RENT, OR OTHER LONG LEASES NOT AT RACK RENT OR AGREEMENTS FOR THE SAME RESPECTIVELY MINING LEASES OR LICENCES OR AGREEMENTS THEREFOR.
Vendor's or Lessor's Solicitor--
For preparing, settling, and completing conveyance and duplicate, or lease and counterpart:--
Amount of Annual Rent		Amount of Remuneration
Where it does not exceed £5	...	£7·50
Where it exceeds £5, and does not exceed £50	...	The same payment as on a rent of £5, and also 30 per cent on the excess beyond £5.
Where it exceeds £50 but does not exceed £150	...	The same payment as on a rent of £50, and 15 per cent on the excess beyond £50.
Where it exceeds £150	...	The same payment as on a rent of £150, and 7½ per cent on the excess beyond £150.
Where a varying rent is payable, the amount of annual rent is to mean the largest amount of annual rent.
Purchaser's or Lessee's Solicitor--
For perusing draft and completing	...	One-half of the amount payable to the Vendor's or Lessor's Solicitor.
In case the Lease is registered a charge of £3 to the Solicitor registering same.

RULES APPLICABLE TO PART 2 OF SCHEDULE 1 AS TO ALL LEASES OR CONVEYANCES, AT A RENT, OR AGREEMENTS FOR THE SAME

1. Where the vendor or lessor furnishes an abstract of title, it is to be charged for in accordance with Schedule II hereto.

2. Where a solicitor is concerned for both vendor and purchaser, or lessor and lessee, he is to charge one set of charges only.

3. Where a mortgagee or mortgagor joins in a conveyance or lease, the vendor or lessor's solicitor is to charge £1·57 extra.

4. Where a party, other than a vendor or lessor, joins in a conveyance or lease, and is represented by a separate solicitor, the charges of such separate solicitor are to be dealt with under Schedule II hereto.

5. Where a conveyance or lease is partly in consideration of a money payment or premium, and partly of a rent, then in addition to the remuneration hereby prescribed in respect of the rent, there shall be paid a further sum equal to the remuneration on a purchase, at a price equal to such money payment or premium.

6. Fractions of £5 are to be reckoned as £5.

7. Except in cases to which rule 5 applies where the solicitor for the vendor, lessor, purchaser or lessee negotiates the conveyance or lease he shall be entitled to charge for such negotiation in accordance with Schedule II hereto.

SCHEDULE 2.

1. Instructions. Such fee as may be fair and reasonable having regard to all the circumstances of the case, including:--

( a ) the complexity, importance, difficulty, rarity or urgency of the questions raised;--

( b ) where money or property is involved, its amount or value;

( c ) the importance of the matter to the client;

( d ) the skill, labour, and responsibility involved therein and any specialised knowledge given or applied on the part of the solicitor;

( e ) the number and importance of any documents perused;

( f ) the place where and the circumstances in which the business or any part thereof is transacted; and

( g ) the time reasonably expended thereon,

2. Drawing deeds, wills, powers of attorney, bonds, memoranda and articles of association, cases for counsel, regulations, bye-laws, agreements, notices, requisitions and other documents not specifically excluded--per folio ... ... ... ... ... ... ... ...	£ 0·34
3. Drawing abstracts of title, requisitions for searches and schedules of deeds or documents, per folio ... ... .... ... ... ...	0·14
4. Engrossing--per folio ... ... ... ... ... ... ...	0·11
5. Copying--per folio ... ... ... ... ... ... ...	0·06
6. Carbons or duplicated copies--per folio ... ... ... ...	0·03

(NOTE: Where a document is given out to be copied by any means (including printing) there may be charged in lieu of the foregoing charges for engrossing and copying, the actual cost of copying. The charge for a fair copy for the copier may, where necessary, be allowed).

7. Perusing (where not allowed for in the fee for instruction); Deeds, wills, powers of attorney bonds memoranda and articles of association, cases for counsel, regulations, bye-laws, requisitions, searches, agreements, and other documents not specifically excluded newly drawn and fair copied and submitted by or on behalf of another party for examination approval or agreement on their contents--per folio ... ...	£ 0·17
8. Perusing accounts and rentals--per hour ... ... ... ...	1·12
9. Perusing abstracts of title--per folio minimum ... ... ... ...	0·03 0·39
10. Comparing any deed or instrument--per folio ... ... ...	0·03
11. Certifying any deed, instrument or writing ... ... ...	0·42
12. Attendance in the solicitor's office--for the first half hour ...	1·12
13. Attendance in the solicitor's office--for each subsequent half hour	0·84
14. Attendance outside the solicitor's office, in Ireland--for each half hour ... ... ... ... ... ... ... ... ...	1·12
15. Attendance outside Ireland--per day ... ... ... ...	21·17
16. Attendance outside Ireland when engaged less than one day--per hour, provided that the total shall not exceed £21·17 ... ...	3·36
Note to items 14 to 16 inclusive:--
( a ) Time occupied in travelling (except outside Ireland between midnight and 8 a.m.) to be reckoned as if employed on business;
( b ) in addition to the charges prescribed the reasonable personal and travelling expenses are to be allowed.
17. Writing, signing and entering letter not exceed one folio ...	0·42
Exceeding one folio ... ... ... ... ... ... ...	0·56
18. If several letters or circulars of the same import:
for the first ... ... ... ... ... ... ... ...	0·34
each subsequent letter or circular ... ... ... ... ...	0·11
19. Carbon copy of letter to send ... ... ... ... ...	0·14
20. Registration of deed ... ... ... ... ... ... ...	3·92
21. Any other work not hereinbefore mentioned:
Such fee as may be fair and reasonable having regard to all the circumstances of the case including analogous items in this scale.

NOTES:--

(1) A folio contains 72 words in accordance with the present practice of the Taxing Office.

(2) If having regard to all the circumstances of the case, including the complexity of the matter, the novelty of the questions raised, the skill, labour and responsibility of the solicitor, the amount involved and the importance of the matter to the client, it is reasonable to do so, the foregoing charges for drawing, perusing, attendances and letters may be increased. The said charges may also be reduced by the Taxing Master for any special reason.

3. This Order shall come into operation on the 15th day of February 1971 and shall apply to all business transacted after that date.

Dated this 23rd day of October 1970.

Cearbhall Ó Dálaigh, Chief Justice.

Aindrias Ó Caoimh, President of the High Court.

James R. C. Green, President of the Incorporated Law Society of Ireland.

EXPLANATORY NOTE

This Order provides for the restating, in the Decimal Currency, of the various sums set out in the General Orders made under the Solicitors Remuneration Act, 1881.

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S.I. No. 286/1970 -- Solicitors' Remuneration General Order, 1970.