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Issue Jan/Feb 04 Contents GazetteLawSociety Regulars Cover Story Guests of the nation News 2 20 Automatic residency rights for non-national parents of Irish-citizen children have been limited by the Supreme Court. But what about the Viewpoint 8 applications that were outstanding when the ruling was delivered? Letters 16 Book review 47 CPD: a review Continuing professional development was introduced to the profession Tech trends 48 25 last year. Alison Egan answers some of the most common queries Briefing 51 raised by practitioners Council reports 51 Committee Labouring the point reports 53 27 The de Rossa libel case is still in the Practice notes 54 courts and the ECHR’s verdict is likely to be delivered soon. Simon Legislation McAleese examines the case’s progress update 56 Solicitors Disciplinary Slow motion Tribunal 59 30 The courts are taking a harder line with late applications. Master of the Personal injury High Court Edmond Honohan discusses the rationale behind the judgment 60 courts’ insistence that motions delayed may lead to motions denied FirstLaw update 64 Eurlegal 67 Break for the border People and 34 The law on recognition of foreign divorces has places 72 always been complex. Now, it is also in a state of confusion. Eugene Davy explains Professional information 74 Caught in the web COVER PHOTO: PHOTOCALL IRELAND 38 Who polices the net, and what redress is there for consumers who have been misled by on-line advertising? Sinead Morgan reports Long arm of the law 42 Two new directives adopted last year will make it easier for the Revenue to find out about cross-border bank accounts, writes Max Barrett Editor: Conal O’Boyle MA. Assistant editors: Kathy Burke, Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 884 4626, mobile: 086 8117116, e-mail: [email protected]. Printing: Turners Printing Company Ltd, Longford. Editorial Board: Pat Igoe (Chairman), Conal O’Boyle (Secretary), Tom Courtney, Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Alma Sheehan, Keith Walsh The Law Society of Ireland can accept no responsibility for the accuracy of contributed 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 otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, Editor or publishers. The Editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Volume 98, number 1 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette Jan/Feb 2004 News SOUTHSIDE JOHNNIES The Southside Solicitors’ annual PrimeTime scoops Law Socie dinner will be held in Dun Laoghaire’s Royal St George ue Nation, a one-hour Yacht Club on Friday 12 SPrimeTime special on bogus February at 7.30pm. The black and fraudulent personal injury tie bash costs €65 a head and claims, was named overall the guest speaker will be Judge winner of the Law Society’s Frank O’Donnell. For more Justice Media Awards information, contact Justin competition. This is a McKenna on tel: (01) 280 competition aimed at rewarding 0340, e-mail: [email protected]. outstanding journalism in the print and broadcast media LADY GOLFERS FORE WARNED which contributes to the The Lady Solicitors Golfing public’s understanding of the Society’s spring outing is in law, the legal system or any Dublin’s City West Golf Club on specific legal issue. Friday 23 April. Contact the At a ceremony in the Law society’s captain, Jane Society’s Blackhall Place Mathews, at BCM Hanby headquarters recently, Wallace, 88 Harcourt Street, immediate past-president Dublin 2, tel: (01) 418 6000, Geraldine Clarke presented the Ken O’Shea and Michael Kealy receive their awards from immediate past-president Geraldine Clarke and director general Ken Murphy e-mail: jmathews@bcmhanby prize to reporter Ken O’Shea wallace.com. and producer Michael Kealy, television – and not just for society has been consistent in whose programme also won the lawyers. The programme firmly and unequivocally FRIENDLY PERSUASION television category in the Justice exposed examples of fraudulent condemning fraudulent Two former marketing and HR Media Awards. As Overall and exaggerated personal personal injury claims. Such advisers at A&L Goodbody have Winner, they received a Dublin injury compensation claims, bogus claims do exist, of launched Persuasion, a Crystal vase and a cheque for backed up by secret footage of course, but they are a tiny specialist consulting service €1,500. the claimants, who were fraction of all claims made. in marketing, business develop- Explaining the judges’ obviously fit and healthy. However, Ken and Michael’s ment and human resources. decision, Law Society director ‘While the society disagreed programme was an excellent According to Sharon Scally and general Ken Murphy said: with much of the analysis and example of investigative Áine Maguire, the consultancy ‘This may seem like an odd conclusions in Sue Nation – not reporting’. has already signed a number of choice to those who don’t know least the insurance industry’s The winners in each of the leading firms in the professional the Law Society very well, but own fraudulent claim that four other categories in the services sector as clients. For there is no doubt that Ken lawyers were somehow competition won a Justice further information, see O’Shea and Michael Kealy’s responsible for the huge hikes Award, comprising a Dublin www.persuasion.ie. Sue Nation was riveting in insurance premiums – the Crystal Joyce plate (and a €750 ONE TO WATCH: NEW LEGISLATION European Arrest Warrant Act, dual criminality, which requires that An EAW is a court order issued has been made to charge and try 2003 an act is criminal under the law of by the court of a member state, the person sought (section 11). The act gives effect to the council the issuing and receiving states, and addressed to a court in This excludes the use of an EAW if framework decision of 13 June applies in general, but there are another member state, to enable the person is sought merely for 2002 on the European arrest exceptions listed in the framework prosecution of an offence or investigation or questioning. A warrant (EAW) and surrender decision (reproduced in the enforcement of a custodial person surrendered under the EAW procedures between member schedule to the act). Some 32 sentence. The mechanism involves procedure may only be tried for the states. It came into effect on 1 serious offences are listed, a central authority, currently the offences committed before the January 2004. It replaces the including hijacking, terrorism, Department of Justice, receiving an surrender and specified in the existing extradition arrangements sexual exploitation of children and EAW, verifying it and presenting it to EAW, with certain limited based on the Council of Europe’s child pornography, trafficking in the High Court for endorsement, exceptions. A person may not be 1957 European convention on people, drugs and arms, fraud, whereupon it can be executed by surrendered to the issuing state, if extradition and will extend to the money laundering, counterfeiting, the gardaí. the issuing state permits accession states from May, or as murder, kidnapping, rape and illicit If the wanted person does not surrender to another member state soon as they adopt the necessary trade in nuclear materials. These agree to being surrendered, the or a third state unless certain legal structures. offences are excepted from the High Court must decide what order safeguards are observed. The EAW system applies to dual criminality principle if they are to make on foot of the warrant. If When a person is arrested on offences with a penalty of at least offences under the law of the the person sought has not been foot of an EAW, he must be 12 months in the issuing state, or issuing state and attract a penalty convicted, a written statement informed of his right to consent to a custodial sentence imposed of at of at least three years’ from the issuing judicial authority being surrendered to the least four months. The principle of imprisonment. is required, saying that a decision requesting state, and his right to 2 Law Society Gazette Jan/Feb 2004 News ety media award No quantum leap for cheque), with the runners-up In the Magazine category, receiving a Certificate of Merit the Justice Award was presented personal injuries board (and a cheque for €250). to Mairead Carey of Magill for ontracts for the production The winner of the Justice her story on allegations of Cof a case-management Award in the Daily Garda brutality, entitled The system for the Personal Injuries Newspapers category was heavy hand of the law. A Assessment Board are expected Vincent Power of the Evening Certificate of Merit went to to be signed by mid-February, Echo in Cork for his eight-page Anne O’Carroll of Consumer according to the Department of supplement entitled The law Choice for her articles on Enterprise, Trade and and you, explaining how the Tenants and landlords and Rights Employment. The department, justice system works. A of way. which has been overseeing the Certificate of Merit went to The Justice Award In the tendering process, also said that Carol Coulter of the Irish Times Books category was presented a draft book of quantum might for her article on the to Damian McHugh for Going be available by the end of the spokesman said.
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