Contents GazetteLawSociety Regulars Cover Story Secure in the knowledge News 2 8 Since the last Data Protection Act was passed in 1988, technology has become all-pervasive and our personal information is stored Viewpoint 5 somewhere on someone’s database. Denis Kelleher outlines how the Data Protection (Amendment) Bill, 2002 will affect our right to Letters 7 know what others know about us Book review 31 Tech trends 32 One step forward, 12 two steps back? Stockwatch 35 The European convention on human rights Briefing 36 will eventually become law in Ireland. But if it’s enacted in the way the government Council report 36 proposes, this significant addition to our Committee law may have little practical effect, suggests reports 37 John Moher Legislation update 38 A game of high stakes SBA annual 18 The director of public prosecutions recently issued new accounts 41 guidelines that aim to make prosecution decisions a little Personal injury more transparent. Dr Eamonn Hall discusses the issues judgment 42 involved Firstlaw update 44 Eurlegal 50 Defamation: which court to choose? In the light of recent high-profile libel actions, Pamela People and 22 Cassidy argues that careful consideration should places 54 be given to whether a plaintiff’s Obituaries 57 defamation claim justifies going to the High Court at all Apprentices’ page 59 Professional Bridging the gap information 61 26 How can businesses manage the gap between COVER: [email protected] their book debts and their cashflow without extending their compa- ny’s overdraft or getting deeper into hock? Barry O’Halloran explores some options Editor: Conal O’Boyle MA. Assistant editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Nicola Crampton. 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), Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Michael Peart, 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 96, number 3 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette April 2002 News IBA DUBLIN CONFERENCE The International Bar Top awards for Dublin firms Association will hold a conference on technology and n the season of Oscar hard work and expertise of on the takeover of Eircom plc. the law in Dublin at the end of Iceremonies and BRIT awards, everyone in the firm’. Goodbodys won the award next month. The conference two of Dublin biggest Meanwhile, A&L Goodbody jointly with the UK firm will ‘consider the impact of corporate law firms, Matheson has won Legal Business’s Freshfields Bruckhaus technological advancement in Ormsby Prentice and A&L Private equity deal of the year Deringer. Again, this is the law practice management and Goodbody, have earned award, for its work in advising first time that an Irish law firm its role in creating a better plaudits of their own. Valentia Telecommunications has won such an award. managed legal world’. It takes MOP has won the place on 29 May and further prestigious European law firm of information can be obtained the year 2001, run by UK New developments at Land Registry from June Elliott on +44 (0)20 publisher, Legal Business. 7629 1206. MOP is the only Irish law firm to have won this major award, SOLICITORS IN EMPLOYMENT which is open to law firms BOOKLET across Europe and which was The second edition of the Law won last year by a leading Society information booklet for German firm. The award is in solicitors in employment recognition of the firm’s outside private practice has growth over the last decade, been published. A copy is underlined by the volume and being sent to all solicitors in value of business transacted this category, who now number and the growth in personnel about 600. According to Kevin numbers. By 2001, MOP had Finucane, chairman of the 40 partners and a total of 233 society’s Corporate and Public fee-earners, compared with Sector Committee: ‘If you are 14 partners and 56 fee-earners Catherine Treacy, chief executive of the Land Registry, formally thinking of moving from private in 1991. presents the registry’s Statement of strategy and business plan practice to a corporate or Commenting on the award, 2002-05 to justice minister John O’Donoghue. Details of the plan public services position, this MOP’s managing partner are available on the registry’s website at www.irlgov.ie/landreg. booklet is essential reading’. Donal Roche said: ‘This award Meanwhile, the government has announced that the major comput- erisation contract for the Land Registry has been awarded to EDS Copies are available free from is testament to the commercial Ireland Ltd. The multi-million euro project will eventually allow Suzanne Chesney at the Law success and innovative solicitors and other users to access the registry’s records over Society on tel: 01 868 1220 or approach of the firm in recent the Internet. at [email protected]. years, and is a tribute to the ONE TO WATCH: NEW LEGISLATION Valuation Act, 2001 moorings, mines, quarries, pits libraries, parks or national figure up to date. The level of The Valuation Act, 2001 is and wells, fishery rights, profits monuments, property occupied rate struck will, of course, have expected to be commenced in a prendre, tolls, easements and by a list of organisations to be adjusted to reflect the early May 2002. It replaces rights over lands, petroleum including the National Museum, new values. This revaluation will legislation going back to 1838 and drilling rights, canals and National Library and National be undertaken by local authority is designed to form a basis for a navigation rights, electricity Concert Hall, property used for area on the commissioner of fresh valuation of all rateable generating stations and ancillary caring for elderly, handicapped valuation making a valuation property in the state, and regular installations or disabled people, community order, appointing an officer to reviews and updates in the future. • Exceptions (s15(2)) are set out halls, property occupied by undertake the job (s19) to be The intention is to remove the in schedule 4. They include charitable organisations or for known as a valuation manager. many anomalies in existing agricultural land or land used for the advancement of science, The valuation order will valuations, and improve the horticulture, forestry, sport, literature or the fine arts, nominate a date by reference to process. farm buildings, domestic provided that none of these has which all valuations are to be The following are the main premises, buoys, beacons or an element of private profit made, and also a date for provisions of the act: lighthouses, turf bog used for •Properties occupied by the state publication of the list of rateable •Properties which are rateable fuel or turf mould, property are not rateable (s15 (3)). properties and their values are referred to as ‘relevant used as constituency offices by Instead, local authorities get a under s23, to be no more than property’ (s15(1)), to be TDs or MEPs. Also included are rate support payment through three years after the date of the construed with reference to property used exclusively for the local government fund valuation order. On publication schedule 3. This includes religious worship, hospitals, • The existing concept of net of a new valuation list, it will buildings, lands used or burial grounds or crematoriums, annual value is retained replace the existing one (s23), developed for any purpose, educational establishments (s48(1)), but it is proposed to and every occupier will receive a railways and tramways, used exclusively for education, undertake a countrywide certificate of the new rateable harbours, piers, docks and fixed art galleries, museums, revaluation which will bring this value (s24) 2 Law Society Gazette April 2002 News COMPENSATION FUND PAYOUTS No ban on joint advocacy The following claim amounts were admitted by the Compensation Fund Committee with solicitors, says the Bar and approved for payment by the Law Society Council at its he Bar Council has publicly lead advocate. Pressed by meetings in February and Tconfirmed for the first time Shatter to say whether the Bar March 2002: Michael P that there is no rule or practice Council had informed its McMahon, 5/6 Upper preventing solicitors and members of this, Brady replied: O’Connell Street, Dublin 1 – barristers acting together as ‘As far as we’re concerned, I’ve £8,625.33 and £7,534.33. advocates in court proceedings. stated the position publicly. I The admission came before a don’t intend to write letters to NEW LAW CENTRE AND Dáil Select Committee hearing every solicitor around the REFUGEE SERVICE OFFICE on the Court and Courts Officers country. I can’t make it any A new Legal Aid Board office Bill, 2001 last month.