Conveyancing 

The Conveyancing Committee has published three important Practice Notes for practitioners. 

On 21 May the Conveyancing Committee issued a reminder that the replies to requisitions on title are given as at the date of sale and practitioners should not be requested to update their replies prior to completion: Replies to Requisitions at the date of sale

On 16 May, the Committee reviewed the position regarding the acceptance of plain copy letters confirming compliance with financial contribution conditions with the recommendation that these now be accepted provided the solicitor has no good reason to doubt the veracity of the plain copy: Letters re financial contribution conditions

A new Practice Note on 22 May related to the practice of no map being provided with copy title with the Contract for Sale in a residential development. The committee does not approve of such practice. At the very least, a map clearly outlining the property and its location in the estate be provided pre contract. The approved scheme map must be available on completion: No map provided with copy title of new build property within a residential development.

Criminal Law

Law Society representatives attended a presentation at the Department of Justice in which senior officials presented some of their current thinking around the reform of the Criminal Legal Aid system. The Department is in the early stages of designing an improved and more efficient system for Criminal Legal Aid payments, which will impact in particular, District Court payments.
While it was confirmed that there is no plan to introduce the duty solicitor system that exists in the UK, all parties agreed that we need one system for accessing and tracking such payments. Others in attendance included representatives from the Bar Council, the Courts Service, the Office of the DPP, the Gardaí. The Department of Justice will continue to engage with the Law Society on this matter.