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Issue Jan 99 JANUARY/FEBRUARY 1999 CONTENTS 14 Cover Story Last call for the sound of silence? REGULARS The proposal to remove a suspect’s right to silence marks another step in the continuing erosion of the fundamental principles of criminal law. Richard English argues that the legal profession must demand a quid pro quo if the proposal becomes law President’s message 3 16 Expert evidence: the new Viewpoint 4 rules explained The procedures for using expert evidence in personal injury Letters 11 litigation have been radically overhauled. The Law Society’s Litigation Committee sets out the main changes introduced by the new News 12 superior court rules and explains their implications for practitioners Briefing 27 Council reports 27 18 Litigation and the Committee reports 30 Year 2000 What recourse do you have in law if Practice notes 32 your computer system is one of those Legislation update 33 affected by the so-called Millennium Personal injury Bug? Can you sue for compensation and, judgments 35 if so, whom do you sue? Denis Kelleher discusses the legal options arising out of ILT digest 36 this extraordinary problem Eurlegal 42 People and 22 Time for a rethink places 46 on small business? Small companies will be the focus of Book reviews 51 legislation which is due to be published over the coming weeks. Pat Igoe reports on what the Companies (Amendment) Bill, 1999 is likely Professional to contain – and what it probably won’t information 54 24 What can we do COVER PIC: ROSLYN BYRNE for you? The Law Society provides a wide range of services for solicitors above and beyond its familiar regulatory and representative roles. In the first of a series of articles, Member Services Executive Claire O’Sullivan explains what these services are and how they can help your practice Editor: Conal O’Boyle MA The Law Society of Ireland can accept no responsibility for the accuracy of contributed Reporter: Barry O’Halloran articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where other- Designer: Nuala Redmond wise indicated. No responsibility for loss or distress occasioned to any person acting Editorial Secretaries: or refraining from acting as a result of the material in this publication can be accept- Andrea MacDermott, Catherine Kearney ed by the authors, contributors, editor or publishers. Professional legal Advertising: Seán Ó hOisín, tel/fax: 837 5018, mobile: 086 8117116, advice should always be sought in relation to any specific matter. E-mail: [email protected]. 10 Arran Road, Dublin 9 Editorial Board: Dr Eamonn Hall (Chairman), Conal O’Boyle Printing: Turners Printing Company Ltd, Longford (Secretary), Mary Keane, Ken Murphy, Michael V O’Mahony Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4801. E-mail: [email protected] Subscriptions: £45 Volume 93, number 1 JANUARY/FEBRUARY 1999 LAW SOCIETY GAZETTE 1 Rochford Brady Legal Services Ltd OWNERSHIP/TITLEINQUIRYSPECIALISTS TOWN AGENTSLAWSEARCHERSSUMMONSSERVERS COMPANYFORMATION AGENTS Are you paying too much for your Law Searching/Town Agency work? Change to Rochford Brady with our ‘one stop shop’ service (law searching and town agency under one roof) WE CUT YOUR COSTS If you are not with Rochford Brady, isn’t it time you changed? Phone: 1850 529732 (20 lines) Fax: 1850 762436 (5 lines) ISO 9002 PRESIDENT’S MESSAGE Ringing the changes PIC: ROSLYN BYRNE PIC: ROSLYN ne of my priorities for my year as can, and are, encountered in that traditional President is that the Law Society form of dispute resolution, I believe that a O should continue to enhance the many greater emphasis, use and promotion of arbi- services it provides to the solicitors’ profession tration as a vehicle of dispute resolution should (for more on this, see pages 26-27). Possibly be embraced. one of the most important initiatives in this The Law Society will develop and add regard will be the launch of the Society’s web arbitration modules to the new professional site this month. This is an exciting develop- course for apprentices, and we hope to have ment for the profession and will enable the the first of these in place by October 2000 in Society to add significantly to the information the new education centre. that the profession requires in an ever-devel- The Litigation and Arbitration Committee oping and vibrant economy. You will learn of the Society has exciting plans for develop- more about this over the next few weeks, but ing this area of practice for solicitors. for a sneak preview turn to page 13. Changes at the Law Society Council Grasping the euro opportunity At the end of last year, the Council of the As we move into 1999, change is inevitably in the air. We have already Society appointed the chairmen and members of the committees of the seen one of the most fundamental changes with the launch of the new Council to November 1999. A complete listing will appear in the new Law European currency, the euro, on 1 January. Ireland and the other ten par- directory, which will be with members of the Society shortly. ticipating countries are irrevocably fixed as to their currency conversion The majority of the solicitors’ profession is under the age of 40. rates. Under the EU principle of ‘no compulsion, no prohibition’, solici- Endeavouring to give a geographical and gender balance to the member- tors like other businesses are free to conduct business in euros. The pub- ship of the committees, and at the same time seeking to encourage new lic sector has already indicated its willingness to accept payments in the members to become actively involved, the Council, on my recommenda- new currency. Irish banks will convert your punt accounts into euro tion, amalgamated and merged the functions of a number of committees denomination, if you wish. and sub-committees. It is important that the solicitors’ profession remains at the driving edge Some of the committees in the past did not have any Council member of Irish business. During this year, you should familiarise yourself with the sitting on them. That was not desirable in my view. It has been rectified for new euro currency. this year. In January 2002, and it will quickly arrive, all Irish notes and coins will Seeking to avoid possible conflicts of interest and endeavouring to be withdrawn and the new euro notes and coins introduced. All business- ensure that the representatives of the Society have a nexus and direct es that will not have already done so must convert to the new currency and connection with the democratically elected Council of the Society, I have it adopted in its accounting operations. The Law Society will not be proposed a number of changes. The representative of the Society to the behind in this regard. The Solicitors’ Accounts Regulations will be International Bar Association (IBA) is Laurence K Shields (last year’s changed to reflect the euro era. President) who will serve for a period of four years in succession to As society develops, there are ever-increasing regulations, directives, Maurice Curran, a former President, who was the Society’s representa- statutes and rules to comply with. You will have received your application tive for ten years; Geraldine Clarke, a former Junior Vice-President, for a practising certificate for 1999. It is a long document that takes care- will represent the Society for the next three years at the CCBE; James ful completion and consideration. There are good reasons for this. McCourt (Dublin) and Donald Binchy (Clonmel) will represent the Contrary to what some members of the profession might think, the Law Society on the Arbitration Committee of the International Chamber of Society was not the author of the Investor Compensation, Act, 1998 which Commerce in succession to Maurice Curran and Walter Beatty (Snr) has imposed additional requirements on all solicitors. The EU directives who ably served the profession for many years thereon. relating to the provision of investment services apply to solicitors as they I have also established a ‘Council Development Review Group’ under do to others, hence the necessity of including an additional section in the the chairmanship of the Senior Vice-President, Anthony Ensor, to seek to application form this year. explore ways of encouraging more active participation by the ever-grow- The European experience has been good for Ireland and for the solici- ing number of members of the profession at Council and on its commit- tors’ profession. We live in exciting times: grasp the opportunity and make tees. the most of it. President John F Kennedy said: ‘Change is the law of life, and those who look only to the past or present are certain to miss the future’. I believe that Alternative dispute resolution the solicitors’ profession in general does embrace and accept the need for This country has enacted the Arbitration Act. Facilities for arbitration, change. conciliation, mediation and alternative dispute resolution are readily avail- Go m’beimidh beo ar on am seo arís! able in Ireland. The solicitors’ profession has sometimes been slow to understand and realise the value of arbitration both in domestic and inter- Patrick O’Connor national disputes. With the rising cost of litigation and the difficulties that President JANUARY/FEBRUARY 1999 LAW SOCIETY GAZETTE 3 VIEWPOINT European challenges to Ireland’s tax regime uch has been written in Community directives by quali- Mrecent months regarding fied majority. taxation and European Second, under article 100 of the Community law, giving the EC treaty, tax legislation can nor- impression that we are embarking mally only be adopted by the on a journey through a legal and Council acting unanimously.
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