Deep impact The Tempest Rebrand of brothers Low-velocity rear-end Explaining the complaints How your firm can refresh crashes and the minimum and disciplinary provisions or rebrand its image to impact defence of the Legal Services Act boost market share gaLAW SOCIETY ette€4.00 APRIL 2016
A TERRIBLE BEAUTY One solicitor’s fight for Irish freedom gaLAW SOCIETY ette
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Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome. LITIGATION SOLICITOR – ASSOCIATE LEVEL Top tier private practice firm require Litigation solicitor to join their expanding team. This is a client facing position and the appointed solicitor will be tasked with creating and fostering strong relationships. The ideal candidate will have very strong commercial litigation experience.
IN-HOUSE COMMERCIAL CONTRACT COUNSEL – ASSOCIATE LEVEL Excellent in-house position available with large multinational in Dublin. The successful candidate will ensure all contracting processes and procedures are followed with respect to the negotiation and execution of commercial contracts. Ideal for a Practice Solicitor looking to move in-house or somebody already working in commercial contracts.
JUNIOR SOLICITOR – COMMERCIAL PROPERTY Commercial Property solicitor required for our client, a top tier Dublin law firm. This is an excellent opportunity for an ambitious solicitor to join an internationally renowned team. The right candidate will gain exposure to domestic and international property transactions.
AVIATION FINANCE LAWYER – SENIOR ASSOCIATE LEVEL International private practice firm in Dublin seeks an experienced Aviation Finance Lawyer to join their team. The ideal candidate will have gained Aviation Asset Finance experience within a top tier law firm or as in-house counsel to an airline or aircraft leasing company.
MERGERS & ACQUISITIONS LAWYER – ASSOCIATE LEVEL Top tier private practice firm require M&A lawyer to join their team at associate level. With their leading market position this firm is offering the right candidate a fantastic opportunity to grow their career among Ireland’s best M&A lawyers
To apply for any of the above vacancies or for a strictly confidential discussion, please contact Seán Fitzpatrick on 01-5005916, Tony Glynn on 01-5005918 or [email protected], Cora Smith B.Corp Law on +353 1 5005925 or [email protected] law society gazette www.gazette.ie April 2016 PRESIDENT’S??????????????? MESSAGE 1
A SOUND RESULT
n 2 March, significant proportion of by my continued visits to the the Court of the profession following the bar associations. Appeal gave liquidation of Setanta. In the last two weeks, I had judgment in While it is hoped that the the pleasure of attending the Law Society of Court of Appeal decision marks offices of Arthur Cox, which Ireland v Motor the end to the case, there is still kindly hosted the official launch Insurers’O Bureau of Ireland. In this the possibility of an appeal to the of the Calcutta Run this year. judgment, the court upheld the Supreme Court, and it remains to The support of firms across the judgment of Mr Justice Hedigan be seen whether the matter will board for the run is amazing. in the High Court – that, in further proceed in this regard. The organisers anticipate that up accordance with the terms of to €200,000 will be achieved this its own agreement, MIBI was Bar association meetings year for the two charities, GOAL liable in cases concerning Setanta On 8 March, I had the pleasure and the Peter McVerry Trust. Insurance, which went into of hosting the first meeting, liquidation almost two years ago. for a number of years, of the Annual conference As in the immediate aftermath presidents, secretaries and PROs Finally, just a reminder that the of the High Court judgment, of the bar associations, which Law Society’s Annual Conference the judgment of the Court was held at the Law Society. takes place in the idyllic Fota of Appeal was met with some The meeting was extremely Island Resort on Friday 15 April/ derision from the insurance well attended and concentrated Saturday 16 April. Situated in industry through the pages of the primarily on the provisions of my ‘neck of the woods’, I can media, with threats of increased the recently passed Legal Services give my first-hand assurance that There was premiums for policyholders. Regulation Act, although there was this venue is superb, as is the silence from There was, however, silence from some discussion on other issues. outstanding line-up of speakers. these quarters on the relief for The feedback from the meeting These include Olympian Sonia these quarters Setanta policyholders and for was extremely positive and, of O’Sullivan, journalist David on the relief for injured persons who now stand, course, we now await the actual Walsh (who uncovered the Lance ‘Setanta policy subject to reservations expressed commencement of the various Armstrong doping scandal) and elsewhere in this Gazette (p28), to sections of the act, which at the Judy Khan QC (who represents holders and for secure full compensation for their earliest will await the formation 77 of the Hillsborough tragedy injured persons injuries. of a new government. families). More information It is interesting that, following Earlier in the month, I is on p22 of this Gazette. The the publication of almost €190 attended a joint seminar on the closing date for registrations is million in profits by one of the act, held by the Dublin Solicitors’ 7 April, so take the opportunity ’ major insurers in the past few Bar Association and the Law to book now at www.lawsociety. weeks, there was no similar Society and attended by over ie/annualconference (email: law. outcry or demand in the media 200 colleagues. Our efforts at [email protected] or tel: for a reduction in premiums from keeping the profession fully 01 280 5405). the insurance industry. informed and up to speed on the I would urge you not to delay Law Society involvement in act and the implementation of its your booking, as places are filling this case is well documented provisions will continue in these up very quickly. I look forward to and was in response to major pages and by other means of seeing you at Fota Island in a few concerns expressed by a communication and, of course, weeks’ time!
Simon Murphy President 2 CONTENTS law society gazette www.gazette.ie April 2016
gaLAW SOCIETY ette
• Vol 110 No 3 No 110 Vol • GAZETTE SOCIETY LAW
Deep impact Low-velocity rear-end crashes and the minimum The Tempest impact defence Explaining the complaints and disciplinary provisions Rebrand of brothers of the Legal Services Act How your firm can refresh or rebrand its image to boost market share
34 gaLAW SOCIETY
ette€4.00 APRIL 2016
2016 APRIL cover story 30 The quiet man Dublin solicitor William Corrigan fought in the 1916 Rising and played an active and instrumental role in the independence A TERRIBLE BEAUTY
struggle from 1914 to 1919. Lorcan Law Society of Ireland of Society Law Roche profiles this modest man One solicitor’s fight for Irish freedom 38 features 34 Crash test dummies 42 O brave new world The assumption that the risk of injury Director of regulation John Elliot provides relates to the amount of external vehicle an overview of key aspects of the Legal damage in all types of crashes has little Services Regulation Act concerning the new basis in science. Liam Moloney tests out complaints and disciplinary system Newton’s laws of motion 46 Legal guardian 38 Don’t you forget about me Lorcan Roche meets solicitor Deirdre Does your firm need a rebrand or Burke, the Law Society’s nominee to the refresh? In the first of two articles, Seanad’s Cultural and Education Panel and marketing guru Lorraine Carter provides co-founder of the Guardian Project, which pointers for law firm brand owners and assists children going through separation 46 managers or bereavement.
Law Society Gazette Volume 110, number 3 law society gazette Subscriptions: €60 (€90 overseas) Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4801, email: [email protected] Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette Art director: Nuala Redmond Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Editorial secretary: Catherine Kearney All cheques should be made payable to: Law Society of Ireland. Printing: Turner’s Printing Company Ltd, Longford
COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Editorial board: Michael Kealey (chairman), tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected]. Mark McDermott (secretary), Aoife Byrne, See the Gazette rate card online at www.lawsociety.ie/gazette-rates Mairéad Cashman, Hilary Forde, Richard Hammond, Teri Kelly, Tracy Cruikshank, Patrick J McGonagle, HAVE YOU MOVED? Members of the profession should send change-of-address details to: Aisling Meehan, Heather Murphy, Ken Murphy, IT Section, Blackhall Place, Dublin 7, or to: [email protected] Andrew Sheridan law society gazette www.gazette.ie April 2016 CONTENTS 3
42 26 regulars 4 Frontline 4 Nationwide 53 Briefing 5 Representation 53 Practice notes 55 SBA report and accounts 7 News 56 Legislation update: 12 January – 11 March 2016 16 People 57 Regulation 60 Eurlegal: The failing firm defence: 24 Comment rare but relevant 24 Viewpoint: The law on harassment must unequivocally provide for the offence of 64 Professional notices 17 bullying and cyberbullying 26 Viewpoint: Legislation that criminalises 68 Final verdict the purchase of sexual services could have dangerous side-effects for those who 69 Recruitment work in the trade 28 Analysis 28 News in depth: The Law Society vs MIBI in the Setanta contest
50 Books 50 Book reviews: Damages and Injunctions Law and Practice 68
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Visit: www.pefc.org occasioned to any person acting or refraining from You can also check out: The Law Society Gazette is a full participating acting as a result of the material in this publication • Current news member of the Press Council of Ireland and can be accepted by the authors, contributors, editor M supports the Office of the Press Ombudsman. R • Forthcoming events, as well as the fully s e e or publishers. The editor reserves the right to make cy in This scheme, in addition to defending the cle Magaz interactive version of the Gazette and the publishing decisions on any advertisement or article freedom of the press, offers readers a quick, magazine’s indices submitted to this magazine, and to refuse publication fair and free method of dealing with com- • Employment opportunities plaints that they may have in relation to arti- or to edit any editorial material as seems appropriate cles that appear on our pages. To contact the • The latest CPD courses to him. Professional legal advice should always be Office of the Press Ombudsman go to: www. … as well as lots of other useful information sought in relation to any specific matter. pressombudsman.ie or www.presscouncil.ie. 4 FRONTLINE law society gazette www.gazette.ie April 2016 nationwide News from around the country DUBLIN Keith Walsh is principal of Keith Walsh Joint mental health law seminar draws a crowd Solicitors, where Joan Doran, solicitor and he works on civil chairperson of the Irish Mental litigation and Health Lawyers’ Association, family law cases was on hand to welcome Mr Justice Groarke (president of the Circuit Court), Patricia Gilheaney (CEO of the Mental Health MEATH Commission), John Neville (solicitor) and Niall Nolan BL, who visited Blackhall Place on 22 February 2016 to present their Royal ‘Review of the Mental Health Act County 2001’. Those attending included investigates several prominent former Speakers included Keith Walsh, Mr Justice Raymond Groarke, Patricia Gilheaney chairpersons of the Mental Health (member of the expert group that carried out a review of the Mental Health Act decision Tribunal and legal representatives 2001), Niall Nolan BL and John Neville from the Bar and the solicitors’ making profession. and with the support of his Dublin presidents retired for The Irish Mental Health Dublin cousin Eamonn Shannon, much needed refreshments with The Meath Solicitors’ Bar Lawyers’ Association conference President Murphy welcomed colleagues after the seminar. Association will hold a CPD will take place in Cork on over 200 delegates who had Get your Washington tickets programme on Wednesday Saturday 9 April in UCC. turned out to hear Ken Murphy, 20 April on assisted your nationwide correspondent, DSBA conference organisers have Crossing the Shannon in Dublin decision making and the John Elliot and John Sludds informed ‘Nationwide’ that the Fair Deal Scheme, in the Law Society President Simon (Behan & Associates) discuss the conference in Washington, which Knightsbrook Hotel, Trim, Murphy and DSBA president implications of the new act, which takes place from 21-25 September from 2-5pm. Eamonn Shannon hosted a joint has yet to be commenced at time this year, is almost sold out. In Patricia T Rickard- seminar on the Legal Services of writing. an unprecedented turn of events, Clarke (solicitor and Regulation Act in the Radisson DSBA treasurer and LLP only a small number of spots are retired commissioner of the Hotel, Golden Lane, Dublin, on guru Robert Ryan chaired the left on this year’s conference. Law Reform Commission) 1 March. seminar and answered a number Immediate booking is essential will address attendees Proving that his huge support is of questions on the proposed to secure a place. Full details and on the Assisted Decision not confined to the Rebel County, LLP structure. The Cork and booking available at www.dsba.ie. Making (Capacity) Act 2015. Nick Reilly BL will tackle the topic of the Fair WEXFORD Deal Scheme and related services for the elderly or people who are infirm. Raising funds on the road to nowhere The association’s AGM Damien Jordan (secretary, Wexford Macken, Frank Jordan and Darragh fundraising target of €20,000 for the will follow immediately Solicitors’ Association) is currently Coffey – who will climb Mount Elbrus Irish Hospice Foundation. Any sums afterwards, from 5.30pm exhausted, having taken part in a 48- in the Caucasus Mountains, Russia, raised by Damien will be presented to 6.30pm. Three general hour stationary cycle at the Bullring in on 7 July 2016. The summit stands on behalf of the Wexford Solicitors’ CPD points are available. Wexford on 27 and 28 March to assist at 5,642 metres (18,510 ft). Association to the Irish Hospice Cost: €40 (members) or four brave souls – Mark Ryan, Eddie The four men have set a Foundation. €60 (non-members). All are welcome. Bookings should be made Wellness in Wexford through committee member Stephen Murphy (Regan The Wexford secretary tells McCann (legal cost accountant) Park), who will be giving a McEntee & Partners, High ‘Nationwide’ that Wexford on the Solicitors Accounts masterclass on wellbeing. Points Street, Trim), tel 046 943 solicitors will hold their first Regulations and the Legal Services available are two hours’ general, 1202, or email smurphy@ CPD event of the year at The Regulation Act 2015 and Dr two hours’ management and reganmcentee.ie. Riverside Park Hotel on Friday Mark Rowe (founder and clinical professional development skills, 8 April. Speakers include Rob director of Waterford Health and one hour regulatory. law society gazette www.gazette.ie April 2016 FRONTLINE 5 representation News from the Law Society’s committees and task forces
HUMAN RIGHTS COMMITTEE Committee meets leading Indian human rights campaigner at Blackhall Place
Michael Farrell (committee member), Grainne Brophy (committee chair), Aine Flynn, (committee member), Kevin Keane (Suas, TCD), Michelle Lynch (committee secretary), Colin Gonsalve (senior advocate of the Supreme Court of India), and Clare Naughton (committee member)
The Human Rights Committee He remarked that this level of writs, including writs in the gender’ in Indian law and can be was honoured to welcome Mr independence is instrumental in nature of habeas corpus, mandamus, utilised in passports and other Colin Gonsalves to the Law ensuring the courts do not hesitate prohibition, quo warranto and official documentation. The court Society on 25 January, ahead to find against the government certiorari to enforce them. also ordered that the government of his public lecture in Trinity and to monitor how decisions are Gonsalves told the committee that must provide transgender people College Dublin, writes Michele implemented. the Indian courts frequently utilise with quotas in jobs and education Lynch. The meeting represented a The focus in India, Gonsalves contempt orders in cases of non- in line with other minorities, as unique opportunity for members advised, is not on parliamentary compliance with orders of the well as other key services. of the committee to share their supremacy but on constitutional court. Where contempt orders are Gonsalves also indicated that own experiences working in supremacy, meaning that judges not complied with, the sanction he considered that public-interest human rights law and to hear Mr are free to intervene where the may be a jail sentence, with no litigation is increasingly being Gonsalves’s own insights from his government has persistently differential treatment given to utilised in jurisdictions in Latin tireless campaigning for human failed to vindicate fundamental government officials. This is a America, Asia and Africa, but that rights in India. human rights protected under markedly different approach to much of Europe and America Mr Gonsalves is a senior the Indian constitution. One that taken by the Irish courts and remained reluctant to embrace it advocate in the Supreme Court of the Irish Constitution’s many neighbouring jurisdictions, in the same manner. of India and the founder of the greatest claims to fame is that which do not make such extensive He noted that law students can Human Rights Law Network, the Constitution of India was orders. be reluctant to acknowledge and India’s leading public-interest significantly influenced by it, Mr Gonsalves informed the embrace the efficacy of public- law group. He spoke of the directly borrowing our directive committee of a recent landmark interest litigation in upholding importance of the independence principles of state policy decision of the Supreme Court human rights. However, his hope of the Indian judiciary, which is enshrined under article 45. that involved the interpretation for the future is that this would protected through an innovative Mr Gonsalves told the of article 21 of the Indian start to change so that future collegium system that ensures committee how article 32 of the Constitution to include formal generations begin to appreciate independence from government. Constitution of India gives an legal recognition of the rights of the power and influence of High and Supreme Court judges extensive original jurisdiction transgender persons. As a result public interest litigation. are appointed by a collegium of to the Supreme Court in regard of the decision in National Legal five/three senior judges of the to enforcement of fundamental Services Authority v Union of For information on the Human Supreme Court, who consult rights. The court is empowered India & Ors, transgender is now Rights Law Network, see www.hrln. the government in the matter. to issue directions, orders or officially recognised as a ‘third org/hrln.
law society gazette www.gazette.ie April 2016 NEWS 7
Turkey’s lawyer arrests condemned PIC: WIKIMEDIACOMMONS ‘Law Firm Nine Turkish lawyers were arrested and detained in Istanbul of the Year in the early hours of 16 March. The detained lawyers are 2016’ members of the Association of Lawyers for Freedom McCann FitzGerald has won (Ozgurlukcu Hukukcular the ‘Ireland Law Firm of the Dernegi). Year 2016’ award at The They were representing Lawyer European Awards in 46 lawyers arrested in 2011 London. on suspicion of “working for The firm was commended or belonging to a terrorist on a number of high-level organisation”. All are said to have strategic developments, participated in the defence of including its client research Abdullah Öcalan, the leader of the programme, the appointment Kurdish Workers Party. of its first chief information They were called to appear at officer, and a number of a hearing on 17 March and were Fighters from the Sinjar Resistance Units and Kurdish Workers Party hold up a significant hires. released from pre-trial detention painting of Abdullah Öcalan on 19 March, but are still being prosecuted. Association of Lawyers) rights lawyers, stemming from The Union Internationale denounced what it described as the abusive use of anti-terrorism Boards fail on des Avocats (International the “recurrent attacks on human legislation”. gender parity Irish organisations may have Court districts revised, effective 4 April one or two women on their District Court districts have that is initiated but not completed of schedule 1, which sets out boards but, in 2016, the been revised by the District before that date shall be continued solicitor costs in landlord and emphasis should be on equality Court (Districts) Order 2016 (SI and completed as if the order tenant (ejectment) proceedings. and parity, says Prof Irene 60/2016), writes Colette Reid had been in force at the time the This does not change the fee Lynch Fannon (School of Law, (secretary, Litigation Committee). business had been initiated. rates. It amends the title of the UCC). “A ‘token woman’ or The new districts come into effect The District Court (Solicitors’ first column to ‘annual rent’, so two is not good enough,” she on 4 April 2016. Costs) Rules 2016 (SI 123/2016) that the rate of fee is based on the added. The order provides that business will operate from 31 March annual rent for the property UCC’s School of Law transacted in the District Court 2016. These replace table 3 in question. launched a report on the role of women on boards on 8 March. The research consisted of two surveys: of the top 100 Irish Legal capacity conference companies (based on turnover), Easter 1916 and of the top 100 Irish in University College Cork charities. The study was funded – The Court Speakers and chairs will by the Irish Research Council. include Prof Peter Bartlett “Our research shows that we Martial (professor of mental health law, are very far away from having Trials University of Nottingham), gender parity on the boards of Louise Loughlin (National these major Irish organisations, Colonel Michael Campion, Advocacy Service for People with with less than 14% of companies military judge and solicitor, Disabilities), Dr Alan Corkery and charities showing positive will give a lecture in the Law (North Cork Mental Health figures regarding the question Society’s Education Centre at Services), Prof Mary Donnelly of gender parity,” Prof Lynch 1pm on 4 May 2016 – almost (UCC), and Áine Hynes (St John Fannon commented. exactly 100 years since the first The Centre for Criminal Justice Solicitors). The research revealed that executions took place. and Human Rights (UCC) Four CPD hours are available. 93% of for-profit boards and To reserve a place, email and the Irish Mental Health For further information, contact 80% of not-for-profit boards Yvonnne Burke of the Law Lawyers’ Association will hold a Noreen Delea (School of Law, failed to achieve gender parity. Society’s facilities section at conference on legal capacity on UCC), tel: 021 490 3220, email: Taking both sectors together, [email protected]. Saturday 9 April 2016 from 10am [email protected], http://imhla.ie/ only 13.5% of boards achieved to 2pm at UCC. events. male/female parity. 8 NEWS law society gazette www.gazette.ie April 2016
FOCUS ON MEMBER SERVICES Ar mhaith leat a bheith ar Chlár na Gaeilge? Protecting your income One of the most pressing The cost of the scheme is €30 concerns for many of our per annum per €1,000 of annual members is illness or injury benefit, regardless of age, gender, preventing them from earning or whether or not you smoke. a living. This is particularly so Contributions to the scheme for our self-employed members, are tax deductible, and premiums who may not be entitled to social can be paid annually, half-yearly, welfare benefits, and for those quarterly or monthly. whose employer does not provide The Group Income Protection long-term disability cover. Scheme is exclusive to Law However, a little planning can Society members. You must be help ease this worry. under 60 years of age to join The Law Society has teamed the scheme. For information on up with PenPro and Friends First the scheme or to download an to help members insure their application, see www.lawsociety. income at a competitive rate. ie/memberbenefits or contact Members of the scheme who are PenPro directly (tel: 01 200 unable to work because of injury, 0100, email: msheehan@penpro. illness, or disability will receive ie). Completed application forms up to 75% of their net earnings. should be returned to PenPro.
Assuming tax relief at 40%, the gross and net cost is as follows: The PPC2 elective Advanced Thursday evening workshops is Legal Practice Irish (ALPI)/ essential. Benefit Gross monthly Net monthly Ardchúrsa Cleachtadh Dlí as Assessment will combine premium premium Gaeilge (CDG Ardchúrsa) is continuous assessment and an open to practising solicitors who end-of-course oral presentation. €50,000.00 €125 €75 wish to be registered on the It is recommended that course €75,000.00 €187.50 €112.50 Irish Language Register (Law participants have a good level €100,000.00 €250 €150 Society)/Clár na Gaeilge (An of IT skills and be familiar with Dlí-Chumann). web browsing, word processing, In order to be entered onto the uploading/downloading files, Individual policy: Group policy: register, a solicitor must take this and watching online videos. non-smoker rates. Age smoker and non- PPC2 elective course and pass all A Leaving Certificate Higher For smokers smoker rates course assessment and attendance Level standard of Irish is a increase by 25% requirements. minimum standard. In advance 30 €75 €78 The course will run from 14 of course commencement, 35 €75 €97 April until 16 June 2016. The participants will be invited to 40 €75 €121 course contact hours (lectures attend IT clinics to become 45 €75 €156 and workshops) will be delivered familiar with the technology 50 €75 €206 on Thursday evenings from utilised in the course. 6-8pm at the Law Society. This course will fulfil the full Lectures in weeks one and two practitioner CPD requirement will be made available online, for 2016. so physical attendance on those The Advanced Legal Practice particular Thursday evenings is Irish Course was awarded the not required. European Language Label 2012. This is a ‘blended learning’ The fee for 2016 is €625. The course. In addition to physical closing date for applications is attendance on the specific Friday 8 April at 5pm. Further Thursday evenings, participants information is available at www. will be required to complete lawsociety.ie/alpi.aspx. individual and group coursework For further details and an online in between each session. application form, please contact: Due to the group-work Robert Lowney/Roibeard Ó logistics of this course, Leamhna; email: r.lowney@ attendance at all the rest of the lawsociety.ie, tel: 01 672 4952. law society gazette www.gazette.ie April 2016 NEWS 9
New Blackhall catering THERE’S AN APP FOR THAT contract goes to Fitzers You’ve gotta pick a pocket or two APP: POCKET PRICE: FREE
I find myself constantly looking very minute they appear in my up the interesting posts on newsfeeds. It is very easy to set LinkedIn, Facebook or Google up. You simply download the and not having time to read app from the App Store and set the articles themselves, writes up your account with an email Dorothy Walsh. Generally, I will address. It asks for permission to click to download the article synchronise with your Facebook, within Facebook, Google or contacts, and so on, which you Fitzers Catering has been The contract involves catering LinkedIn and then forget to allow. You go into your settings awarded a three-year contract for the Society’s employees and review them later, lose them, and ‘allow’ Pocket to be a ‘saved by the Law Society, effective students at Blackhall Place, the or have to click in and out of to’ or ‘open with’ app. You are from 8 February 2016. Fitzers’ Friary Café in the Four Courts, the various apps to look at the literally ready to start creating MD Barry Storey said: “This is and corporate and private contents saved in each one. what I like to consider as my own a very important contract for events. Sometimes, I forget which app personalised magazine. us. We believe that, working The historic Blackhall I used to save an article and For example, I opened LinkedIn together with the Law Society, building provides an idyllic end up searching through saved and saw a great employment we can increase awareness of this setting for corporate functions, articles using the wrong app. law article – very detailed and historic venue to the corporate meetings, graduations, gala First World problems! With time interesting, but didn’t have the and wedding market in Ireland dinners, weddings and summer being precious, I needed a time to read it then. Opening and abroad.” barbecues. Fitzers will place a solution and, luckily, the free- the article, I clicked on the ‘…’ Fitzers holds contracts for particular focus on weddings to-download app Pocket came button at the top-right-hand high-profile venues such as and corporate events, with the to my aid. corner of the article and saved Titanic Belfast, Slane Castle, the picturesque walled gardens Essentially, this app acts as a it to Pocket. I did likewise with Royal College of Physicians, and offering fabulous photo mini iPad library of articles and several Facebook-posted articles Horse Racing Ireland’s locations opportunities, with the option posts of interest that I can store and some interesting reads from at Leopardstown, Fairyhouse to host large events or wedding and read later – all in the one The Irish Times courts section. and Navan. parties in a marquee. place and all saved from various Later on, you simply open apps. It has changed my online Pocket and read all of the saved in-app reading and made a huge articles at your leisure. It’s simply Aperture adds to team difference to my research. brilliant – a mini online magazine I look at my Pocket app as with all of the articles and posts I a mini magazine of everything want to read – and it’s one of the I have an interest in and want easiest-to-use apps I have come to read – but just not at the across in quite a while.
Aperture Partners are pleased to announce the appointment of Barry Crushell as an associate director, leading the legal and regulatory recruitment practice in both the Dublin and London offices. Pictured are Barry Crushell (associate director), Jonathan Brady (director) and Rory McCormick (director) He’s not doing his banking.
We are.
You free up time for what really matters when you let someone else take care of things – especially when you know they’re experts. So why not do the same for your banking? From executing simple, day-to-day tasks to providing ongoing fi nancial advice, we can help. Talk to AIB Private Banking today. Call Patrick Farrell, Head of AIB Private Banking, on 086 023 2868 or visit privatebanking.aib.ie
Allied Irish Banks, p.l.c. is regulated by the Central Bank of Ireland. Typically our clients have an annual salary or income which exceeds €250,000.
02541RO LawSociety FP_Man.indd 1 11/03/2016 17:34 law society gazette www.gazette.ie April 2016 NEWS 11
Country loses ‘legal colossus’ in Mr Justice Adrian Hardiman PIC: COURTPIX
He’s not doing his banking.
We are.
The late Mr Justice Adrian Hardiman was commemorated by a special sitting of the Supreme Court on 7 March, when his seat was left vacant
“The State has lost a colossus University College Dublin a prolific writer, and broadcast the first to extend its sympathies of the legal world: a good and (where he graduated in history), regularly on legal and political to the wife of Mr Justice Adrian true friend has been lost by his and the King’s Inns. He was topics. Hardiman – retired Circuit Court colleagues on the court.” So called to the Bar in 1974 and Judge Yvonne Murphy – their three said the statement issued by the practised for the next 26 years, Persons and their dignity sons, Eoin, Hugh and Daniel, other Supreme Court announcing the taking silk in 1989. As a barrister, In its statement, the Supreme family members and friends. passing of Mr Justice Adrian he enjoyed a highly successful Court commented that Mr Justice Director general Ken Murphy Hardiman, aged 64, on 7 March. career, was a leader at the Hardiman had “written expressing said: “With the untimely passing Chief Justice Susan Denham Bar, and was renowned for his the view of a majority of the court, of Mr Justice Adrian Hardiman, said that she had “received extensive practice and great skill, and he has written trenchant the Irish people have lost a fierce the news with great sadness particularly in cross-examination. dissents. protector of their rights against any and shock, and her immediate He was appointed directly “This is not the time to overreaching by the power of the You free up time for what really matters when you let reaction was to be mindful to the Supreme Court in 2000. analyse the great store of State. someone else take care of things – especially when of the needs of his wife and In the interim, he had added his judgments. However, an “As one of the most brilliant you know they’re experts. So why not do the same for family”. She described Mr greatly to the legal jurisprudence illustration may be seen in DPP barristers of his generation, he your banking? From executing simple, day-to-day tasks Justice Hardiman as “a man who of Ireland in many important v Gormley and DPP v White, was a powerful, punchy and highly had made great and courageous judgments. He was a Bencher of where his judgment personifies persuasive advocate. Fearless, fluent to providing ongoing fi nancial advice, we can help. efforts on behalf of those who the King’s Inns, a Master of the his concern for the protection of and articulate, he could think on his Talk to AIB Private Banking today. sought justice. He neither Bench of the Middle Temple, persons and their dignity. feet to handle with ease whatever favoured nor feared any interest London, and a member of the “His profound knowledge of was thrown at him. Call Patrick Farrell, Head of AIB Private Banking, – and went about his work Royal Irish Academy. the law, and his fluency in “As a judge, since his appoint- on 086 023 2868 or visit privatebanking.aib.ie with great integrity, grit and He enjoyed an interesting expressing his views have ment in 2000, he was driven by dedication.” career in court and tribunal, added immensely to the legal a deep passion for justice, as is Born in Dublin, he was appearing in many of the jurisprudence of the State.” evidenced by his many landmark Allied Irish Banks, p.l.c. is regulated by the Central Bank of Ireland. Typically our clients have an annual salary or income which exceeds €250,000. educated at Belvedere College, leading cases of the day. He was The Law Society was among judgments.”
02541RO LawSociety FP_Man.indd 1 11/03/2016 17:34 12 NEWS law society gazette www.gazette.ie April 2016
Lobbying reporting deadline fast approaching Changes PIC: SUNDAY BUSINESS POST The Regulation of Lobbying Act act’s application have been raised. to High 2015, which commenced on One frequently asked question 1 September last, provides that is whether complying with the Court bail a person within the scope of act risks violating solicitor/ the act who makes a relevant client privilege. The obligation applications communication must register and to preserve client confidentiality submit returns of their lobbying should not impede compliance A High Court practice direction activity three times a year, writes with the act, as the level of has made a number of changes Sherry Perreault (head of lobbying information required in a return in relation to the days of the regulation, Standards in Public would not impinge on confidential week upon which High Court bail Office Commission). discussions, any more than would applications are heard. As prescribed by the act, the filing court documents on behalf From 15 February 2016, High first lobbying returns were due of a client. Court bail applications are no longer on 21 January 2016. More than Sherry Perreault, head of lobbying While most of the lawyers I heard on a Monday. Instead, bail 1,100 people and organisations regulation have spoken with over the past applications from prisoners who are registered by that date, submitting few months are aware of the detained in prisons in the greater over 2,500 returns to the online regarding the client’s obligations intersection between the act’s Dublin area are being heard on Register of Lobbying. As noted under the lobbying legislation. obligations and their own work, Tuesdays, with the list commencing by Mr Justice Daniel O’Keeffe However, lawyers may also engage the Standards Commission will at 11am. Applications for bail (chairman of the Standards in in lobbying activities on behalf continue to raise awareness from prisoners who are detained Public Office Commission), “the of their own organisation or they with practitioners and other in prisons other than in the greater overall level of compliance is a may communicate with public sectors as part of its ongoing Dublin area will be heard at 11am very positive indicator that there officials on behalf of a client. communications strategy. on Thursdays. If necessary, cases is an acceptance of the need for Given the strong possibility that For more information on not reached on Tuesdays will be openness and transparency in members of the legal community the act, including guidelines, heard on Wednesdays. lobbying”. It is expected that the may themselves be required frequently asked questions, The direction also provides that it number of registrants will continue to register, there has been a instructional videos, sample will not be permissible to adjourn bail to rise over the coming year as significant amount of interest on returns and identifying common applications from prisoners detained more people and organisations the part of the legal community in pitfalls in completing returns, in Dublin prisons to a day other than commence lobbying activities the act and its application. or to contact the Standards that dedicated to such applications. and trigger their compliance A number of opportunities Commission, visit www. The same will apply in respect of obligations under the act. to learn about the act have been lobbying.ie. adjournments for non-Dublin cases. organised, including presentations The practice direction (see p53) Practitioner obligations and information sessions hosted Note: The first reporting period also reminds practitioners of the The new legislation has by the Law Society, the Bar of 2016 is 1 January to 30 April. procedures for bail applications particular importance for the Council, and individual firms. Registrants are obliged to publish under SI 470/2015 (Rules of the legal community. Obviously, During these sessions, many their returns through www.lobbying. Superior Courts (Bail Hearings) practitioners may advise a client interesting questions about the ie on or before 21 May. 2015).
FOCAL POINT CONSULT A law society lobbying returns COLLEAGUE The Law Society made nine the courts, in addition to proposals the bill and the manner in which it returns to the Lobbying Register for child welfare reporting. Other was passed. The Consult a Colleague helpline is available to assist every in its first period, 1 September matters included conveyancing The representational and reform member of the profession with to 31 December 2015. The reform, local property tax issues, activities of the Society, including any problem, whether personal Society advocated for reform and family law, and IP litigation. those registered with the Standards or professional. improvement on a wide range of In addition to giving its views Commission, represent the valuable issues directly impacting on the on a number of technical points contribution our members make to Call the helpline profession and the wider public relating to the then Legal Services policy formulation. interest. Regulation Bill, the Society also Lobbying Act resources to 01 284 8484 In the context of family and child communicated with Oireachtas members are available at www. law, the Society provided views members on the content of the lawsociety.ie or by contacting consultacolleague.ie on how to improve the processing then International Protection Cormac Ó Culain (public affairs This service is completely confidential and effectiveness of legal aid in Bill, expressing its dismay on the executive) at c.oculain@ and totally independent of the relation to child care cases before ineffectiveness of the provisions of lawsociety.ie. Law Society law society gazette www.gazette.ie April 2016 NEWS 13
Arklow solicitor is Society’s nominee for Seanad panel The Law Society has nominated court waiting times, respectful, compassionate and Deirdre Burke for election to the • Better child protection, informed debate, in tandem Cultural and Educational Panel including greater investment in with new legislation, of Seanad Éireann. The Arklow- the Child and Family Agency • Countrywide access to courts, based solicitor was one of six and in out-of-hours services, with adequate resourcing of the candidates – all solicitors – seeking as well as secure placement courts system, the Society’s nomination. centres, • A review of the Legal Aid The written submissions of • Investment in child and youth Board due to concerns about the six candidates were carefully mental health services, its effectiveness in serving the considered by the participating • Countrywide refuge public to its potential, and members of the Society’s accommodation and access the provision of additional Coordination Committee. It to adequate counselling for resources. applied the criteria for selection as parents and children affected by indicated by the Society’s Council domestic violence, As a candidate on both the NUI at its meeting on 4 March 2016. • Equality for children Panel and the Cultural and After considerable agonising, Deirdre Burke with disabilities and full Educational Panel, Burke is asking due to the impressive achievements implementation of the Education NUI-graduate practitioners to and outstanding qualities of the Her priorities for the Seanad of Persons with Special Needs Act, support her in the NUI Panel candidates, Burke was chosen. include: • The elimination of child election, and she urges members The committee wished her every • Further reform of the family poverty and homelessness, to lobby their local representatives success with her campaign. and child law system, with more • A referendum to repeal the to give her their vote for the Running as an independent, resources being allocated to cut Eighth Amendment, with Cultural and Educational Panel. Burke says she is honoured to have received the nomination: “I intend to use both my election campaign and – if elected – my Seanad seat as Also running: Linda O’Shea Farren platforms to promote the changes Solicitor Linda O’Shea Farren is ‘panel of death’. needed in government policy and also running for election to the Linda would appreciate all the law to enhance and protect Seanad – on the Industrial and offers of help from practitioners children’s rights and the rights of Commercial Panel. “As a solicitor, by approaching public families.” I will be happy to highlight your representatives they know, of She added: “I’ve spent my life issues at a national level, if all political hues and none. as a parent and a solicitor working elected,” she says. “In a Seanad election, one to support and empower children, The field is particularly single, very low-preference vote families and communities, and crowded on that panel, with transferred in a late count can promoting the principle of social 37 candidates running for nine make the difference between justice. I am increasingly concerned seats. Those allowed to vote being elected and not. So, if you by the lack of investment in key consist entirely of elected can approach even one public services – and by the increasing representatives, including candidates competing for an representative on my behalf, this challenges posed to our profession incoming TDs, outgoing senators, extremely limited pool of voters, could prompt that number one or inddcr-thelawSocietyGazette.qxp_Layout delivering adequate and effective 1and 25/02/2016 councillors. 16:30 With so Page many 1 this panel has been dubbed the a preference vote.” services to the public.”
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It’s ‘howdy pardners’, as firms join forces to fight homelessness
Pictured at the launch (from left) are Julian Yarr (A&L Goodbody), Simon Murphy (Law Society), Kevin Dunne (Hayes Solicitors), Dermot Furey (Gartlan Furey), Barry Andrews (GOAL), Brian O’Gorman (Arthur Cox), Nicholas Butcher (Maples & Calder), Thomas O’Malley (McDowell Purcell), Thomas O’Dwyer (Beauchamps), Declan Black (Mason Hayes & Curran), Tom Hayes (Matheson), Garry Ferguson (Walkers), Stephen Walker (Whitney Moore), Barry Devereux (McCann FitzGerald), Bryan Bourke (William Fry) and Pat Doyle (Peter McVerry Trust)
Given the year that’s in it, it internally, will be the key to seemed apt that a certain group achieving the ambitious target of of earnest leaders should come €200,000 in 2016.” together to pool their talents and Several firms have already set resources – this time to tackle the up online fundraising pages on spectre of homelessness, which the Calcutta Run idonate.ie page. has stricken so many families in They are actively encouraging Ireland in recent times. their clients, staff and suppliers to The leaders of the largest law support the initiative. firms in the country met on 11 For further information on the March to support the official Supporter Firm Initiative, the launch of the annual Calcutta DX Firm Team Challenge, or Run. The gathering was kindly the cycling element, visit www. hosted by Brian O’Gorman calcuttarun.com or email Hilary (managing partner of Arthur Kavanagh at hilary@calcuttarun. Cox). David Barniville (chairman Fr Peter McVerry and Barry Andrews in conversation at the launch com. of the Bar of Ireland) also attended, as did representatives GOAL) highlighted the reliance from over 30 law firms and the of his organisation on the money Bar. raised to fund that charity’s Human Rights Essay Prize Each year, the money raised projects. He described the The Law Society’s Human Rights James Roddy was placed second from the Calcutta Run goes to Calcutta Run initiative as a unique Committee congratulates the for his essay on the impact of the two worthy causes, the Peter example of an industry pooling its winners of the Annual Human Victims’ Rights Directive in Ireland. McVerry Trust and GOAL. resources to achieve a significant Rights Essay Prize, writes The committee extends its thanks Pat Doyle (CEO of the Peter impact. Michelle Lynch (secretary). to all who entered the competition. McVerry Trust) informed the Cillian MacDomhnaill Breifne Muldoon took first prize For information on the work managing partners that, from the (Law Society) emphasised the for his essay on ‘The Impact of and events of the Law Society funds raised this year, four new importance of the ‘Supporter the Convention on the Rights of Human Rights Committee, visit apartments would be built and Firm Initiative’: “Donations Persons with Disabilities on Irish the committee’s page at www. decorated. from firms, as well as firm Mental Health Law’. lawsociety.ie. Barry Andrews (CEO of representatives driving the event law society gazette www.gazette.ie April 2016 NEWS 15
It’s ‘howdy pardners’, as firms join forces to fight homelessness Everything is relative for those who served in 1916 PICS: CIAN REDMOND PHOTOGRAPHY The Law Society is the proud sponsor of Relative, a public art exhibition on Benburb Street, Dublin 7, to commemorate the Four Courts Volunteers who participated in the Easter Rising and their living relatives. The exhibition was curated by The Complex, a multidisci- plinary arts movement that is committed to creating art spaces at unoccupied sites. The pictures were commissioned by the Law Society and taken by Steve McCullagh. On Easter Monday 1916, Cmdt Edward Daly mustered the 1st Battalion of the Irish Volunteers at Blackhall Street. They proceeded to occupy key buildings and erect barricades to control the streets west of Fianna Éireann took part. The featured volunteers and their • David Kilmartin (Mary ‘Mamie’ O’Connell Street. Their centre Some of the fiercest fighting relatives (in brackets) are: Kilmartin) of operations was Church took place along North King • Peadar McNulty (Una • John S O’Connor (Cian and Street, and over 300 Irish Street, with many British, rebel MacNulty) Seán Butterly) Volunteers, Irish Citizens’ and civilian casualties. The rebels • Jack Shouldice (Chris • George Whelan (Rita Forde, Army, Cumann na mBán and surrendered at the Four Courts Shouldice) née Whelan) on Saturday 29 April on the • Robert Oman (Dermot Alford) • Patrick Hugh Holahan (Cíaran instructions of Patrick Pearse. A • John Dwan (Maria Dwane) Holahan) company of men, separated from • Eilis Ní Briain, née Elliot (John • John Halpin (Paul Callery) the main battalion, surrendered McCann) • Ambrose Byrne (Jeannette on Sunday 30 April. • Barney Murphy (Bríd Smith) Byrne) The exhibition features images • Seán Forde (Seán Forde) • James Kavanagh (Kaylum Ennis of volunteers that took part in the • Matthew Gahan (Nicole and Kelly and John Ennis) Easter Rising in the Four Courts Michelle Madden) • Charles S Bevan (Ann Marie area. They have been coupled • Daniel Begley (Colm Begley) Bevan) with a living relative, with • Stephen Pollard (Stephanie • Éamonn Brennan (Dónal Mac quotes extracted from witness Dardis) Ionnraic) statements. 16 PEOPLE law society gazette www.gazette.ie April 2016
Law Society welcomes three ambassadors to Blackhall Place PIC: LENSMEN
Following a parchment ceremony speech by the US Ambassador to Ireland, Mr Kevin O’Malley, the Society hosted a dinner for him and his fellow ambassadors from Britain and Canada on 25 February 2016. (Front, l to r): Mr Kevin Vickers (Canadian Ambassador to Ireland), Mr Kevin O’Malley (United States Ambassador to Ireland), Simon Murphy (president, Law Society), Mr Dominick Chilcott (British Ambassador to Ireland) and Mr Justice Michael Peart. (Back, l to r): Michele O’Boyle (junior vice- president), Paul Keane (Council member), Teri Kelly (director of representation and member services), Judge Brian O’Callaghan, Kevin O’Higgins (past-president), Stuart Gilhooly (senior vice-president), Mary Keane (deputy director general), James McCourt (past-president), Ken Murphy (director general) and Mr Justice Michael Twomey Meeting of minds in the Midlands
A well-attended AGM of the Midland Bar Association was held on 24 February at the Mullingar Park Hotel, Mullingar, Co Westmeath. The special guests were Law Society President Simon Murphy and director general Ken Murphy, who were greeted by Edward Tynan (president, Midland Bar Association). Simon and Ken updated the members on the Legal Services Regulation Act and with developments on the Setanta case. Pictured are Edward Tynan (president, Midland Bar Association), Simon Murphy (president, Law Society), Ken Murphy (director general) and Aisling Penrose (secretary, Midland Bar Association) with members of the association law society gazette www.gazette.ie April 2016 PEOPLE 17
Sonia delivers another powerful performance in Sligo
High performance team: partners and solicitors of Callan Tansey pictured with Sonia O’Sullivan and David Sligo athlete Kieran Elliott with Roger Murray Matthews at the firm’s recent motivational event (joint managing partner, Callan Tansey)
Callan Tansey Solicitors hosted a O’Sullivan and David Matthews, Sligo County Council), Des Faul that “everyone needs a voice motivational talk, on 4 March 2016 recounted their experiences as (newly appointed president, Sligo of encouragement in life and at its offices in Sligo, for members high-performance athletes and Chamber of Commerce) and in business” and proceeded to of the business and sporting how the skills acquired during guests from local business and announce the firm’s sponsorship community from the locality. their sporting careers could be sporting communities. of Sligo athlete Kieran Elliott, Speakers at the ‘Critical habits applied to the world of business. Callan Tansey Solicitors’ who is currently on an athletics of high-achieving performers’ Special guests included newly appointed managing scholarship at the University of event, Olympians Sonia Rosaleen O’Grady (cathaoirleach, partner Roger Murray noted Limerick. Diplomas awarded in Aviation Leasing and Finance
Attending the Diploma Centre’s conferral ceremony 2015 for the Diploma in Aviation Leasing and Finance were: Simon Murphy (president, Law Society), Judge Petria McDonnell, Ken Murphy (director general), Valerie Peart (chair, Education Committee), Dr Geoffrey Shannon (senior family law lecturer), Catherine Deane (McCann FitzGerald) and Rory O’Boyle (Diploma Centre). Lecturers: Catherine Quinlan and Ken Rush, with conferees: Sharon Brady, Sarah Brophy, Eoghan Connolly, Robert Costello, Malachi Cowley, Ken Delaney, Gemma Dowling, Adrian Dunne, Kieran Finn, Alec Flood, Ian Garvan, Valerie Gorman, Katalin Hetzman, Joseph Hughes, Andrew Jennings, Maria Kelly, Simon Kennedy, Kevin Kilduff, Nadia Kinsella, Richard McDonnell, Niamh McKenna, Amy Mizzoni, Neil Murphy, Anne Nolan, Simon A Nolan, Conor O’Briain, Eoin O’Carroll, Rebecca O’Donovan, Robert O’Reilly, Kevin O’Siochain, Alan Phelan, James Phelan, Brian Seymour, Warwick Shaw, Conor Sheehan, Martin Smith, Keith Tubridy and Camille Voisin McCann + Associates provide an all-inclusive, expert and confidential Legal Costs Accounting service to the Legal Profession, the insurance sector and State Agencies. We are a result-driven team of Legal Costs Accountants with 95 years collective experience and supported by specialised staff. Our nationwide service includes drawing and opposing Bills of Legal Costs in all matters, written advices, telephone advices, general consultancy, on-site file inspections, Taxations/Objections/Reviews/Appeals/Arbitrations/Tribunals.
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HERE’S TO THOSE WHO CHANGED THE WORLD WHAT
Dr Elisabeth Svendsen MBE Founder of The Donkey Sanctuary WILL YOUR
IfLEGACY you want to request a copyBE? of our Leaving a Legacy guide ‘Your questions answered’ or wish to speak directly with our Legacy Team at our Sanctuary in Liscarroll, please contact: (022) 48398 [email protected]
RETURN FORM TO: Name: Mr/Mrs/Miss THE DONKEY SANCTUARY Legacy Department (LSG), Address Liscarroll, Mallow, Co. Cork Postcode Email Charity Reg. No. 20032289 www.thedonkeysanctuary.ie 0014_14_DS law society gazette www.gazette.ie April 2016 PEOPLE 19
Joint Law Society/DSBA seminar on implications of LSRA ALL PICS: MICHAEL FINN PHOTOGRAPHY
Pictured at the event are John Sludds, Keith Walsh, Ken Murphy, Eamonn Shannon, Simon Murphy, John Elliot, Niall Cawley and Robert Ryan
Ruairi O’Brien (John C Walsh), Mary Griffin (John C Walsh), Sharon Scally Ann Spaine and Billy Fogarty (both Chief State Solicitors Office) with Ann Fox (Amory’s) and Paddy Dawson (HG Donnelly) (Lawplus)
At the Law Society/DSBA event were John Glynn Niall McCabe (Bowman McCabe) and Kalanne Niamh Fahey (Bryan F Fox & Co) and Bryan F Fox (John Glynn & Co) and Greg Ryan (DSBA) O’Leary (O’Leary Arnold) (Bryan F Fox & Co) 20 PEOPLE law society gazette www.gazette.ie April 2016
Recent recipients of the Diploma in Law parchment
At the conferral ceremony for the Diploma in Law 2015 were Mr Justice Peter Kelly (Court of Appeal), Judge Susan Ryan (specialist judge of the Circuit Court), Ger Deering (Financial Services Ombudsman), William Aylmer (Law Society Council member), Cillian MacDomhnaill (director, finance and administration), and Deirdre Flynn (Diploma Centre), with lecturers Victoria Cummins BL, John Darby, Nora O’Mahony, Judge Patrick McMahon (retired), John Lunney (course leader, Diploma Centre) and conferees Declan Carey, Dionne Dixon, Anna Giles, Mary Keevans, Avril McCrann, Brian Murphy and Donna Phelan
President of the High Court Mr Justice Peter Kelly presents Mary Keevans with her Diploma in Law parchment
Orla McKnight was the prize-winner in the Diploma At the recent conferral ceremony for the Diploma in Law were William Aylmer (Law Society Council member) in Investment Funds and Compliance, seen here and Cillian MacDomhnaill (director, Finance and Administration), with three of the Diploma in Law prize- with William Aylmer (Council member) and Cillian winners: Dionne Dixon, Donna Phelan and Brian Murphy MacDomhnaill law society gazette www.gazette.ie April 2016 PEOPLE 21
RDJ and JM Burke in tax On the move practice merger Orpen Franks appoints two new partners and associate solicitor
Claire Morgan, (partner, Commercial and Intellectual Property Department), Peter Walsh (managing partner), and Daragh O’Donovan (partner, Commercial Litigation Department)
At the signing of the merger agreement between Ronan Daly Jermyn (RDJ) and Dublin-based law firm JM Burke are (front) Julie Burke (tax partner) and Richard Martin (managing partner, RDJ) with (back) Mark Barrett (chartered tax adviser) and John Cuddigan (head of RDJ’s tax practice). The merger comes into effect on 4 April 2016. “We are delighted to be joined by JM Burke,” says Richard Martin. “It’s a unique practice offering specialist tax litigation advice and brings with it a depth of experience dealing with a full range of contentious tax issues. Julie Burke (managing partner of JM Burke) and Clare McGuinness become partners in RDJ’s Managing partner Peter Walsh with Kathrina Bray, associate solicitor, tax group, while Caitriona Moran is assistant solicitor. All three will be based in Medical and Professional Negligence Department RDJ’s Dublin office at 3 Harbourmaster Place Bar associations gather to learn about LSRA changes PIC: LENSMEN
The presidents and secretaries of bar associations around the country were invited by the Law Society to Blackhall Place on 8 March for a briefing on the Legal Services Regulation Act 2015, which was signed into law on 22 January 2016 but has not yet been commenced. In addition, an update was provided on the Setanta case. Chaired by Simon Murphy, the session addressed various aspects of the new legislation. The president pointed out that the bar associations would play a key role in explaining the impact of the new legislation to practitioners. The presidents and secretaries are seen here with President Murphy, senior vice-president Stuart Gilhooly, members of the Law Society’s LSRA Task Force and director general Ken Murphy LAW SOCIETY ANNUAL CONFERENCE 15-16 April 2016 Fota Island Resort, Five star hotel in Cork
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LAW SOCIETY SKILLNET TRAINING PROGRAMME
Sonia O’Sullivan, Olympic, European and World Athletics Champion: ‘The Olympics, business and sport –before, after and now!’
David Walsh, multi award-winning journalist and sports writer Sonia O’Sullivan David Walsh with the Sunday Times: ‘The Lance Armstrong case – how I uncovered Judy Khan QC the most controversial doping case in sporting history’.
Judy Khan QC, represents 77 of the bereaved families of the Hillsborough disaster in the UK: ‘The Hillsborough Tragedy – lessons learned?’
Valerie Mulcahy, Senior Cork GAA Football Champion 2015: ‘Let’s level the playing field – challenges for equality in Irish sport’.
Edward Evans, Partner and Head of Beauchamps Sports Law Unit: ‘Dublin sport and the law – practice opportunities for solicitors’. Valerie Mulcahy Edward Evans Julie O’Mahony Julie O’Mahony, Senior In-house Counsel, Rugby World Cup: ‘A day in the life of the Rugby World Cup legal team – Rugby World Cup 2015, broadcast, sponsorship and licensing, brand and rights protection, anti-doping, CPD HOURS: 5 management and professional development skills hours discipline, rugby investment and bids to host Rugby World Cup 2023.’ plus 1 general (by group study). 24 COMMENT law society gazette www.gazette.ie April 2016
viewpoint CYBERBULLYING – THE NEW CHILD PROTECTION FRONTIER
Children are especially susceptible to cyberbullying. The law on harassment must unequivocally provide for the offence of bullying and cyberbullying, argues Geoffrey Shannon
he impact and effect of bullying on peers on a wide range of issues. Social to tackle harassment are suitable. children has been tragically thrown networking sites are being used as online However, it would appear that Tinto the media spotlight over the collaborative diaries, where the amount of difficulties exist in prosecuting last number of years. While bullying has information and its type is limited only by cyberbullying under the Non-Fatal always been an unfortunate aspect of the teenager’s self-restraint or by reason Offences Against the Person Act 1997 our society, the growth of cyberbullying of parental intervention. and, in particular, the requirement that has, almost overnight, created a readily Cyberbullying is a term first used by the harassment is persistent. A clear Dr Geoffrey accessible forum for bullies to target Canadian Bill Belsey to describe “the system of legal recourse is required to Shannon is a children, with little or no regulation or use of information and communication provide for an offence of cyberbullying solicitor and the sanction. technologies to support deliberate, and to encourage victims to come Special Rapporteur Recent studies and published repeated, and hostile behaviour by an forward, anonymously if needs be, on Child Protection reports highlight the prevalence of this individual or group that is intended without fear of retribution. growing phenomenon. to harm others”. In Anonymity is often the greatest In November 2012, a cyberbullying, the obstacle in bringing perpetrators of report was published Difficulties exist perpetrator’s anonymity cyberbullying to justice. It represents by the Ombudsman in prosecuting and their unrestricted an obstacle not only for those seeking for Children’s office on access to the victim to identify perpetrators, but may the issue of bullying cyberbullying represent a significant also prevent victims from pursuing in schools. The report under the Non-Fatal power imbalance. justice. Cognisance should be taken presents the views of of the Canadian position, where the ‘Offences Against the 300 children aged Focused response Supreme Court of Canada has ruled from 10 to 17 from Person Act 1997, The Irish legal system that, while the principle of open across the country has been somewhat justice is of critical importance, it who participated in and in particular the taken unawares as to can be outweighed in certain cases by the consultation. The requirement that the manner and means the need to protect children’s privacy report, Dealing with the harassment through which children and the need to protect them from Bullying in Schools: have fallen victim to cyberbullying. A Consultation with is persistent cyberbullying. While Steps must be taken to ensure that Children and Young there are some legislative victims of cyberbullying can identify People, revealed that cyberbullying and provisions in being that might be their perpetrators. An ideal situation homophobic bullying were two of the interpreted in such a manner as to tackle would be an agreement of cooperation most prevalent forms of bullying raised this growing’ problem, a focused response between internet service providers and by those who took part in the report. is required. However, in order for a system other entities such as Facebook and the At a time when schools and of legal recourse to be effective, victims gardaí to provide IP addresses (unique their students are embracing the of such bullying need to be able to feel identifiers of devices connected to opportunities for collaborative learning that they can come forward and express the internet) where complaints of that online tools allow, the misuse their concerns without fear of retribution. cyberbullying have been received. of the internet among pupils and the Thus, provision also needs to be made difficulties facing schools are rapidly for the protection of child victims of such Liability of schools emerging. behaviour, for example, the means of The extent of the liability of schools Social networking sites or individual retaining their anonymity when making a must be examined in order to tackle blogs allow people, including young complaint of such bullying. the problem of cyberbullying. The most people, without the need for web Cyberbullying is a form of harassment effective means of preventing bullying programming skills, to effortlessly and should be treated as such. may be to adopt a whole-school publish online. This public space allows Responding to calls for new criminal approach. This would encompass them to exchange information, often legislation to tackle cyberbullying, it school policies in areas such as anti- of a very candid nature, with their has been suggested that existing laws bullying initiatives, codes of behaviour, law society gazette www.gazette.ie April 2016 COMMENT 25
In cyber- bullying, the perpetrator’s anonymity and ‘their unrestricted access to the victim represent a significant power imbalance ’ PIC: iSTOCK and the use of social media as an sent by telephone and, while it Cyberbullying may easily be schools, and collaborative schools. educational tool, as well as the specifically includes text messages, conceived of in terms of well- All school districts in involvement of parents. Legislation it does not include any reference to known criminal offences such as Massachusetts were required to should be introduced compelling email or other internet messages. assault, threats, extortion, stalking, adopt and implement a bullying schools to have a strong disciplinary An offence relating to this form of harassment and indecent conduct. prevention and intervention plan code. communication would be welcomed. In addition, an increasing array in their schools by 31 December The law on harassment of new offences, such as torture, 2010. Shortly after the law under the Non-Fatal Offences Clarity required voyeurism, cyber-stalking, and was passed, the Department Against the Person Act 1997 While issues relating to telecommunications offences may of Elementary and Secondary must unequivocally provide cyberbullying may potentially be be relevant. The New South Wales’ Education provided a model for the offence of bullying and captured within existing legislative provisions – and some of these plan for school districts, state- cyberbullying. At present, there provisions, the fact that there is, other offences as they apply to wide, to use as a guideline and appear to be very few criminal at the very least, uncertainty as cyberbullying – merit examination. serve as a resource for schools. prosecutions under the 1997 act, to whether prosecutions would be As a result of bullying in schools School districts, with input from despite the apparent suitability of successful under these statutes in Massachusetts, Governor Deval teachers, school staff, professional that act. is reason enough to bring clarity Patrick signed an anti-bullying support personnel, volunteers, Existing laws regarding to the area and unequivocally bill into law on 3 May 2010, administrators, students, parents, harassment can be used to provide for an offence of making Massachusetts the 42nd guardians, law enforcement, and incorporate cyberbullying. For cyberbullying. Accordingly, a review state to pass such a law. Both community representatives, must example, a review of the Post of other jurisdictions that have the State Senate and House of create a plan to be implemented in Office (Amendment) Acts should enacted legislation specifically Representatives unanimously each respective school. be undertaken with a view to outlawing cyberbullying should passed the bill – and it is The law must keep pace with incorporating emerging means of be undertaken. For example, New considered one of the strictest anti- technology in protecting vulnerable cyberbullying. Prosecutions have South Wales is one Australian bullying laws in the US. The law young children and must exist as been brought under section 13(1) jurisdiction to enact legislation applies to school districts, charter an accessible recourse for those of the Post Office (Amendment) Act specifically directed at bullying in schools, non-public schools, who are victims of abuses 1951. That act refers to messages schools (including cyberbullying). approved private day or residential such as cyberbullying. 26 COMMENT law society gazette www.gazette.ie April 2016
viewpoint POVERTY IS THE ROOT OF THE ‘OLDEST PROFESSION’
Legislation that criminalises the purchase of sexual services may seem an attractive policy, but it could have dangerous side effects for those who feel compelled to work in the trade, argues Frank Armstrong
he Criminal Law (Sexual individual’s right to make a living. for sexual services each day. Most Offences) Bill 2015 had a second Both bills are based on the so-called services are advertised online. Gone are Treading before the Oireachtas Swedish model, whose parliament passed the days when an entire street in Dublin on 28 January this year. Alongside a Kvinnofrid (Violence Against Women was identified with prostitution. ‘Monto’ more stringent measures against Act) in 1999 that, for the first time, or Montgomery Street (now Foley Street) trafficking and underage participation criminalised the purchase but not the sale was immortalised in James Joyce’s in prostitution and pornography, the of sexual services, treating the sex worker Ulysses and in the ribald folk song ‘Take Frank Armstrong bill proposes that the purchase of a as the victim of an inherently violent act. her up to Monto’. In the 1920s, most of is a barrister. He sexual service should be a crime, with This legislative course has been followed the brothels there were shut down. currently teaches a maximum penalty of one year in in a number of other jurisdictions, Since introducing the legislation, the property law at prison. I argue that this measure is not including Norway and recently Northern number of sex workers in Sweden has Anglo-American appropriate in the present context of Ireland. declined significantly, but opponents, University in income inequality and poverty. Instead, I particularly sex-worker advocacy groups, Prague, where he is propose a more compassionate approach The model say that the law has increased the now based towards the sex worker in particular. Support for the measure, unusually, stigmatisation of a sex worker, with It may come as a surprise to some might align traditional conservatives occasionally grave repercussions. that prostitution itself is not illegal and many feminists. Both would agree in Ireland, although most activities with Plato’s assertion that “the excess of Going underground around it are. The Criminal Law (Sexual liberty, whether in states or individuals, There is also a strong suspicion Offences) Act 1993 prohibits soliciting seems only to pass into excess of slavery”. that draconian laws drive the trade or importuning another person in a Freedom to sell sexual services is seen underground, as sex workers try to street or public place for the sole as a form of bondage damaging to the ensure their clients avoid prosecution. purpose of prostitution. This applies sex worker, or prostitute, and the wider One sex worker and campaigner Laura equally to prostitute and client. It also society. Lee has even taken a legal challenge prohibits living off the earnings of the The terminology itself causes to Northern Ireland’s legislation to prostitution of another person, and difficulties, as it has been argued that the the European Court of Human Rights. keeping a brothel or other premises for term ‘sex worker’ legitimates this form She claims it has created problems, the purpose of prostitution. Furthermore, of employment. However, it is employed as clients now refuse to use an online the Criminal Law (Human Trafficking) in international literature on the subject screening process, thereby putting Act 2008 criminalises the trafficking of and is preferred for that reason. The term sex workers in danger. Apart from the persons for sexual exploitation. ‘prostitution’ is retained in relation to the threat of increased violence against sex It seems very likely that the Criminal profession itself. workers, this could have implications for Law (Sexual Offences) Bill 2015 will Advocates of alternative approaches the spread of STDs. enjoy overwhelming support in the might refer to the ideas on liberty Other countries have experienced Oireachtas, considering the endorsement espoused by John Stuart Mill, who wrote serious problems after liberalisation. of the two former government parties, that “mankind are greater gainers by A 2012 paper in the journal World as well as the support that Sinn Féin suffering each to live as seems good to Development found that “countries with and Fianna Fáil gave to a private themselves, than compelling each to live legalised prostitution have a statistically member’s bill (the Criminal Justice as seems good to the rest”. It is thus significant larger reported incidence (Sexual Services) (Amendment) Bill) argued that the right of an individual, of human trafficking inflows”. Since introduced by Thomas Pringle in 2013, who has reached maturity before the law, full legalisation in 2000 (including which purported to create a similar to freely sell sexual services should not pimping and brothel keeping) in the offence. Interestingly, independent be impeded by the criminalisation of his Netherlands, prices for sex have fallen TDs Clare Daly and Mick Wallace clients. and sex workers’ “emotional well- opposed that bill on grounds of efficacy, In Ireland, it is estimated that around being is now lower than in 2001 on increased stigmatisation, and with the 1,000 individuals (overwhelmingly all measured aspects, and the use of argument that it unfairly infringed on an women) are available or made available sedatives has increased”, according to a law society gazette www.gazette.ie April 2016 ???????????????COMMENT 27
It might be more appropriate to view prostitution as a response ‘to poverty and inequality
2007 evaluation by a Dutch justice no provision in the legislation for may leave them little’ option. Further exploitative relationships would ministry. educating, rather than shaming, criminalisation could make some of remain. Police resources could Michelle Goldberg, who wrote individuals as to the exploitative them less safe. be devoted to tackling the worst an incisive article for The Guardian relationship involved or curing what Moreover, it is apparent that excesses of the trade and protecting (8 August 2014) on the subject, may be compulsive behaviour. prostitution is increasingly sex workers. makes the good point that: It might be more appropriate to migrating into the ever-expanding The state might also assist sex “Deciding which model works view prostitution as a response to transnational pornographic industry, workers who wish to end their better is as much an ideological as poverty and inequality. Certainly, estimated to be worth approximately participation, with specialist an empirical question, ultimately history bears this out. In Naples $100 billion. In the absence of a programmes that could include depending on whether one believes in 1944, the British intelligence more generalised shift in attitudes counselling services. that prostitution can ever be simply officer Norman Lewis discovered an towards exploitation, is a potential On its face, legislation that a job like any other.” intelligence report indicating that user of a sex worker not likely to criminalises the purchase of But even if we accept that 42,000 out of a ‘nubile’ female migrate into this sphere, where a sexual service may seem an prostitution is inherently violent and population of 150,000 had turned there may be even greater scope attractive policy, but it may have exploitative, what if the effect of to prostitution due to the extreme for slavery, including underage dangerous side effects for those the legislation is to drive a reduced poverty experienced in the city after participation? who feel compelled, or sometimes level of trade further underground? the Allied invasion. All this in a As an alternative, an approach choose, to work in the trade. Similarly, we may regard drug use as traditional Catholic society. that falls short of legalisation Besides outright slavery, it is a social ill, but has criminalisation but that includes some form poverty and inequality that drives not allowed criminal networks to Song of choice of official registration would participation, alongside a failure thrive off illegality? There are now huge disparities reduce the level of trafficking to address, through education, the Moreover, we should be of wealth and poverty in Europe, and underage participation. If exploitative relations that permeate aware of the damaging effects especially with the presence of an individual chooses to transact our societies. This legislation will do of criminalisation in terms of migrant populations, many of whom with an unregistered sex worker, nothing to alter these factors, and recidivism. Imprisoning more do not have employment visas. then he might be prosecuted for potential users are likely to gravitate people is surely a course to be Individuals may not be forced into purchase. Prohibitions against to the internet for avoided where possible. There is prostitution, but their circumstances brothel-keeping, pimping and other satisfaction. 28 ANALYSIS law society gazette www.gazette.ie April 2016 news in depth THEY THINK IT’S ALL OVER...
It’s late in the Setanta contest and, so far, it’s 2-0 to the Law Society against MIBI. But could this game go to extra time? Our analyst Stuart Gilhooly checks his watch
here was a time when the name trouble in 2013 and, by 16 April 2014, to mediate what had become an Setanta was a byword for Gaelic were in a position where they could no impasse. Tstrength, or symbolised all that was longer trade and went into liquidation. All such efforts were stonewalled, great about Irish mythology. Nowadays, It was unprecedented in Ireland, in the and a position of implacability built it’s a word associated with the Europa sense that no company that traded only up, which is still in place over a year League on Thursday nights, or another in car insurance had gone bust before. later. in an impressive array of excuses for There is little doubt that the Stuart Gilhooly insurers to increase premiums. regulators took their collective eyes Spot the difference is senior vice- Inevitably, the average car insurance off the ball, but we were advised that What is the difference between the president of the customer takes little or no interest there was no recourse against them in MIBI and the ICF? The essential Law Society in the rather mundane and overly situations such as this. difference is 35% of the damages. If complex machinations of a court the MIBI are liable, then they must case to determine liability for the Who picks up the tab? pay all damages. If not, then the ICF defunct insurer’s claims and instead So who was liable for their outstanding will discharge the liabilities – but only – in as much as they care at all – claims? This is where the problem up to 65% of the claim, to a ceiling of takes the insurance lies. The Law €825,000. The remaining 35% would industry’s disingenuous Society immediately have to be sought directly from the protestations at face The Law identified the Motor policyholder or from whatever sum, if value. Society, very Insurers’ Bureau any, remained when the liquidation Indeed, such has of Ireland (MIBI) was completed several years from been the dissembling shortly after the as the appropriate now. All legal costs would be payable by the powerful and far- liquidation, advised entity and advised its in either scenario. reaching insurance lobby members accordingly. How did the dispute come to be since the decision in the ‘that solicitors Indeed, the Minister litigated? The President of the High Court of Appeal that it is should consider for Finance initially Court is the guardian of the ICF, which almost appropriate that told the Dáil that may only pay out if it is the fund of Setanta was originally joining the MIBI to he agreed with this, last resort. Given the uncertainty named for a fictional any proceedings before withdrawing this with the MIBI position, he brought and entirely incredible comment sometime an application to the High Court character whose feats or Injuries Board later following legal whereby the Accountants Office of the made no sense on closer applications, and it advice. High Court asked the Law Society to examination. is expected that most The “unequivocal” prosecute an action that would decide It is time now to set legal advice received by overall liability for the claims. the record straight. The will have taken the MIBI – by a person The case commenced last April Law Society has always up this advice who to this day remains and was heard in the High Court stood on the side of the anonymous – stated in July 2015. The decision of Mr victim throughout this that the Insurance Justice Hedigan was delivered on 4 debacle but, predictably, despite several Compensation Fund (ICF) should pick September 2015 and emphatically attempts, there has been no media up the tab and that the MIBI had no debunked all of the MIBI arguments. coverage of the trials and traumas of ’ liability. It essentially confirmed that clause those personal injury victims who have The Law Society obtained its own 4.1.1 of the 2009 MIBI Agreement had to wait two years (and counting) for legal advice, which confirmed that the meant what it appeared to mean – compensation. This is the true story of position was anything but unequivocal that where any judgment for damages what happened. and that a strong case could be made arising from a road traffic accident that the MIBI would be liable. It remains unsatisfied for a period of 28 Who and what? subsequently engaged in considerable days, the MIBI must discharge it. Setanta Insurance was a company correspondence with the MIBI and They argued that this did not apply set up in Malta that traded in Ireland the Department of Transport in efforts to insolvency, whereas the Law Society selling, exclusively, car insurance. It to see their legal advice, or at least produced considerable evidence that would appear that they ran into some identify its author, and to attempt it did. This included, among many law society gazette www.gazette.ie April 2016 ANALYSIS 29
Colleagues need to be vigilant with their files to ensure, ‘insofar as possible, compliance with conditions precedent’ other submissions, the fact that So what does this mean? It is taken up this advice. If not, it is Is this the end at last? Sadly, it the MIBI paid out in the only other clear that where liability of the worth considering whether it should would appear not. The MIBI have remotely comparable case, when MIBI can be proven, they now now be done, given the verdicts of publicly indicated an intention the Equitable Insurance Company must pay all claims. However, four superior court judges and the to make a further appeal to the went bust in 1964 (although that the extent of such liability is still contents of the 2009 agreement. Supreme Court, although at time liquidation was not confined to car somewhat nebulous. There are Of some relevance may be the of going to press, they had not yet insurance claims only). many cases in which judgment has fact that the second anniversary of done so. It does appear, though, been obtained and the MIBI are not the liquidation of Setanta is fast that they will ask the Supreme Court Court of Appeal parties to the proceedings, as their approaching, and that is the day to hear an appeal and, in order to The MIBI appealed, and it was involvement could not have been on which the policyholders became succeed in having the matter heard, expedited into the hearing list of anticipated. The Court of Appeal uninsured. they will need to persuade the the Court of Appeal by the judiciary, has made reference to the difficulty Supreme Court that it is a matter of who recognised the urgency of the that some claimants would have What of the policyholders? general public importance or in the situation. It was heard in January had in complying with conditions In the Court of Appeal, the judges interests of justice. 2016 by President Ryan, Ms Justice precedent in the agreement and made reference to what would So, it would appear that the Finlay Geoghegan and Mr Justice this, obiter dicta, is likely to be of be unfairness if anyone who, wait goes on for the 1,700 Hogan. A unanimous judgment importance. acting appropriately by obtaining claimants who have still received was given on 2 March, affirming The Law Society, very shortly insurance, was subsequently no compensation. In the meantime, the order of the High Court finding after the liquidation, advised that punished by the MIBI seeking though, colleagues need to be the MIBI liable for all claims, but solicitors should consider joining recompense under their agreement, vigilant with their files to ensure, expressly stating that they were the MIBI to any proceedings or but this statement by the judges is insofar as possible, compliance with subject to proof of liability in each Injuries Board applications, and not binding, given that it was not conditions precedent. individual case. it is expected that most will have germane to the decision made. The fight goes on. 30 COVER STORY law society gazette www.gazette.ie April 2016 PIC: GETTY IMAGES/GAZETTE STUDIO
Lorcan Roche is a freelance journalist and award- winning author
at a glance
n William Patrick Corrigan qualified as a solicitor in 1912 n By the time of the Rising, he was already a squad commander in the Irish Volunteers n Corrigan is credited – along with William Wylie – with arranging the first negotiations between the fledgling Irish State and Britain in 1920 law society gazette www.gazette.ie April 2016 COVER STORY 31 The quiet
Dublin solicitor William Corrigan fought in the 1916 MANRising and played an active and instrumental role in the independence struggle from 1914 to 1919. Lorcan Roche profiles this modest man
he 1916 Rising required that men and women, at least on the outgunned, outnumbered insurgent side, were enormously idealistic, committed and determined. The aftermath of the conflict, in which death sentences were handed down by an outraged empire, required that survivors maintain silence and, in some cases, withstand privation, intimidation, brutality and Ttorture. History, however, is not best served by such strong, stoic types: they tend to talk down their deeds, minimise their involvement, and avoid detailed discussion of events for years, even among their own, even when legitimately applying for State pensions or after being proposed by their peers for medals of valour. History, if it is to breathe fully and deeply, requires participants who are not afraid to add detail, colour, pride – even ego. Sometimes, we have to wait till hard-boiled revolutionaries grow older and soften (or at least until some of their comrades do) in order to move beyond fact into feeling.
The commitments Facts tell us that William Patrick Corrigan was born in 1888, the youngest son of an undertaker and Irish Parliamentary Party member. That he went to Blackrock College and was a talented rugby player. That he attended Trinity College and qualified as a solicitor in 1912. That he immediately went to work at his older brother Michael’s firm, founded six years earlier, which then became Corrigan & Corrigan and is still located on St Andrew’s Street. Facts tell us that William joined the Volunteers “very early in 1913” and that when the Redmond split in that organisation occurred in 1914, he was offered an officership – which he declined. 32 COVER STORY law society gazette www.gazette.ie April 2016
What facts don’t reveal is how quickly the perceived ringleaders at Pentonville), Committee by one Capt George Irvine Corrigan’s intelligence and leadership abilities Corrigan emerged “with a big grin on his – himself promoted upon Corrigan’s were noted, and not just by the Redmond face” and was threatened with another round recommendation to Eamonn Ceannt – was faction. By the time of the Rising, the 28-year- of rationing. Corrigan seemed to have a devil- less circumspect: “Willie Corrigan was nearly old solicitor was already a squad commander in may-care attitude to life, and death, which done in ... a bullet glanced off a window, B Company, 4th Battalion, Dublin Brigade – a inspired his men, and incensed his captors. shattering the glass, which got into his eye.” man whose opinion was sought by Volunteer Certainly, he had bottle. And brains. If you Corrigan describes his activity at the South leaders (Ceannt and Boylan) on who should encountered him on the playing field, battle Dublin Union thus: “There was very little be promoted and who should not. The facts field, in college, court, prison, or across the fighting in the South Dublin Union. We don’t immediately tell us how well thought of desk of a solicitor’s office, you’d remember were in a wooden hut at the back of it, and it he was by the men he fought beside around the him. Even if he said very little. was a regular sieve. There were three or four Blackpitts area and, shortly after, by the men of us knocked out, out of nine or ten.” he was variously imprisoned with in Mountjoy, Home is the hero But a statement made by one Gerard ‘Ger’ Portland, Lewes and Pentonville. Nor do Corrigan’s 1934 testimony to the Military Doyle of Mount Merrion to the Bureau of facts tell us, at least not directly, that Corrigan Advisory Committee reveals the man’s Military History goes much further. Doyle, was tough as old teak. Or that he seemed, initially refreshing but ultimately infuriating thankfully, was one of those who allowed somehow, to combine the poise of a Trinity lack of ego: “On Easter Monday morning, I history to breathe deeply. He details the grad with the street-smarts of a regular Dub. mobilised my men; I got as many as I could. mayhem around the Union when George That he could get up people’s noses, especially I went out to Kimmage myself. We left there Irvine, William Corrigan and their men (one the noses of policemen who faced him in the and went down by the back of the pipes to of whom had been grievously wounded) were witness box. That he elicited envy as well as Emerald Square, and from that to the back trapped in a wooden hut, outnumbered and admiration, and that he was extraordinarily of the gate of the Union. We did not put up entirely outgunned: “They [the British] got lucky (see panel). much of a show there. We were riddled out a machine gun into position and opened fire Testimonies from fellow prisoners reveal of it in no time. I was slightly wounded on on the hut. At the same time, the gateway that, when put on bread and water rations the right side of the face.” from the South Circular Road was burst in solitary confinement in Pentonville Slightly wounded? A statement to the open and troops started to make short dashes (there were concerted attempts to ‘break’ Military Service Pensions Collection through. A sergeant came around in front
FOCAL POINT circle of friends William Wylie was seven years older than which Wylie famously replied: “In earnest? I Corrigan. He was also educated at TCD and was should think I was! He is a solicitor and, before called to the Bar in 1906. The budding legal this show started, I got a case from him to advise eagles and dedicated sports fans would have one of his clients. There was a cheque for five been aware of one another at Trinity and of guineas with it and I haven’t cashed it yet and, their respective burgeoning reputations. Wylie if you execute, the cheque might not be met, so was a first-rate scholar and noted cyclist (he yes, I was very much in earnest.” is referenced in Ulysses, racing on his bike A stunned silence ensued. Then the court against his fellow law students). officers broke down in laughter, after which Corrigan had also briefed Wylie several times Blackader is reported to have said: “All right in 1912 and 1913. Wylie took silk in 1914, The staggeringly arrogant General John Maxwell Wylie, your five guineas is safe. We will before joining a programme for British officers recommend a reprieve!” at the outbreak of WWI. After Easter Week, As Sean Enright writes in his excellent Easter The incident reveals the cavalier attitude Wylie was given the task of prosecuting the 1916: The Trials, Corrigan and Wylie met in a that prevailed among the British military, legal dozens of rebels selected for trial, 15 of whom corridor of Richmond Barracks. Corrigan was and political establishment to the lives of the would be executed. The staggeringly arrogant, bandaged and bloodied. rebels, as well as the canny Wylie’s ability to poorly informed General John Maxwell, ‘Military “My God, Corrigan, what are you doing here?” see through their haughty prejudice. Corrigan Commander of Ireland’, indicated that these asked Wylie. Corrigan said he was next to be was sentenced to death with a recommendation trials would take the form of field general tried and wondered if he had any chance? Wylie of mercy. His sentence was commuted to five courts martial – Maxwell had stated the rebels responded that the three previous defendants years’ penal servitude. Before departing, he were to be allowed defence lawyers; typically, had been sentenced to death, but that he would told his brother Michael to make sure to thank the Crown did not provide any. To his credit, do his best for his colleague. Wylie gave a Wylie for saving his life. Wylie recognised the deficiency – and most speech in favour of Corrigan and also examined Wylie was appointed to the High Court of probably the illegality – of the proceedings and Corrigan in his own defence. the Irish Free State. He served there, with assisted many of the rebels in their defence. He After the trial (according to Wylie’s biographer, distinction, until 1936. He died in 1964. is remembered fondly by many Volunteers and Leon Ó Brion*), the presiding officer, Brig Gen (*Ó Brion’s very worthwhile WE Wylie and described several times in military archives as Charles Blackader (yes!) commented to Wylie the Irish Revolution, 1916-1921 is out of print, “a gentleman”. that he “seemed in earnest about that man”. To but the National Library holds a copy). law society gazette www.gazette.ie April 2016 COVER STORY 33
of the hut, and he was at once dealt with. Just then, a British soldier had got in close to the back of the hut under cover. When he came to the window, both himself and William Corrigan fired one at the other – Corrigan was wounded on the forehead and his face was filled with broken glass – the soldier was also wounded ... it really looked like we were in a hopeless position because, at this stage, the British troops were firing through the end door on the north side of the hut. A British officer called on Capt Irvine to surrender or they would blow up the hut. Captain Irvine, having consulted with William Corrigan, agreed to do so ... we were then marched up South Circular Road under heavy escort. I helped William Corrigan, as he was then suffering great pain from his eyes and face.”
I went down In personal testimony, both to the Military Advisory Committee and later to the Military Service Pensions Committee, Corrigan characteristically downplayed original judgement and to reduce payment to be former colonial master in 1920 (see his role in the conflict and his wounds – considerably. above), namely a meeting of Arthur Griffith something that may have gone against him. Corrigan clearly played an active and and John Anderson (then general permanent Bizarrely – given the clear testimony of Capt instrumental role from 1914 to 1919, during under-secretary in Dublin Castle). Deemed Irvine, Capt Thomas Boylan, which time he was by some observers as “unsuccessful” at the Volunteers such as Ger Doyle, imprisoned, after which he time, the talks on a Sunday at his family firm as well as character references In his initial was directed to “step aside” in Andrew’s Street, were in fact historic and from Eamonn de Valera and interview, from military operations crucial – being the first time the two sides WT Cosgrave – two periods (by Capt Thomas Boylan) showed any willingness to negotiate, even of Corrigan’s service were Corrigan declined to in order to concentrate on if both parties sat in separate rooms with discounted, including, most mention that he had election work: Corrigan’s Corrigan and Wylie moving between them unbelievably, a period from 1 legal mind became a more as intermediaries. When interviewed in April 1916 to 22 April 1916 ‘been present at the valuable asset than his 1949, Corrigan opined that the Armstrong/ (the Rising began on 24 April). landing of arms in military prowess. But, Griffith meeting was “the first step towards Perhaps the Andrew’s Street after his release and almost peace negotiations”. Interesting to note that solicitor was too humble or too Howth in July 1914 from the first week of his Corrigan was more forthcoming in this 1949 circumspect? by the Asgard, or that arrival back in Ireland interview. Had he mellowed? Or did the fact In his initial interview, in July 1917, Corrigan he was being interviewed by Comdt Barry, Corrigan declined to mention he was one of a few was attending and, just as and not a bureaucrat or non-combatant, make that he had been present at trusted men detailed vitally, was seen to attend him feel more relaxed, and more appreciated? the landing of arms in Howth funerals, marches, rifle Corrigan & Corrigan acted as advisers to in July 1914 by the Asgard, or to help with the practice, drills and parades Sinn Féin and the new Dáil government. that he was one of a few trusted successful Kilcoole right up to 1919. Incapable William Corrigan was appointed solicitor to men detailed to help with the gun-running of blandishments or of lies, the attorney general. He died in 1962. He was successful Kilcoole gun-running Corrigan simply expected married to Nan and had one son, Robert, an a week later. a week later the Advisory and Pensions architect. Two of his grandchildren, Michael Perhaps Corrigan’s Committees to take him on P Corrigan and Jean Corrigan-Kilmartin unassuming admission to the his word. When he said he are today working in Andrew’s Street. They Advisory Committee – “I was not an active considered himself “still attached” despite his did not wish to be interviewed for this Volunteer after 1918” – was seized upon as an election’ work, he meant it. Corrigan, however, article; however, it was stressed by one of the excuse for not paying him his due? Perhaps was not one to be dismissed by officialdom, firm’s senior practitioners that this should there was bias against the well-got Blackrock even of the nascent State kind. not be interpreted as anything other than and TCD educated solicitor? Certainly, one shyness. William Corrigan’s family, said the LM Fitzgerald of the Pensions Committee Shake hands with the devil spokesperson, are inordinately proud of seems to have taken a personal, possibly Corrigan is credited – along with William his many achievements and of his prejudicial, interest in Corrigan’s claim. Wylie – with arranging the first negotiations distinguished military, legal Fitzgerald took it upon himself to alter the between the fledgling State and its soon and political record. 34 ???????????????PERSONAL INJURIES law society gazette www.gazette.ie April 2016 Crash test DUMMIES The assumption that the risk of injury relates to the amount of external vehicle damage in all types of crashes has little basis in science. Liam Moloney tests out Newton’s laws of motion
ore and more insurance companies Several studies have analysed test subjects in low- are arguing that the risk of personal velocity rear-end crashes (less than 10mph), finding that as Liam Moloney is injury is related to a vehicle’s external the occupant’s body is pushed forward by the seatback, the principal solicitor of structural damage and its costs of torso sinks into the cushion. This means that the lumbar Moloney Solicitors, repair. They have taken this position lordosis and the thoracic kyphosis become flattened Dublin and Naas. in many cases as a matter of policy and elongated as the seatback is accelerating against the He specialises in andM in an effort to deny compensation to injured victims. occupant’s body. This is an effect similar to an accordion personal injury An insurance claims adjuster might reject a claim for opening and closing. litigation injuries on the basis that, since there is less than €1,000 worth of damage to the vehicle in a repair estimate, the Injury mechanisms occupant of the car could not have been hurt. In low-velocity rear-end crashes – defined as less than On the other hand, the same claims adjuster 10mph ‘delta-V’ (change in velocity) for the target vehicles might assume that, since the car was written off, the – there are several injury-producing variables. This occupant must have significant injuries and authorise a explains the risk for common injury mechanisms in low- compensation payment without any dispute. The simple velocity impacts. fact is that the assumption that the risk of injury relates Rear-end collisions can be quite complex, with elastic to the amount of external vehicle damage in all types of bumpers, elastic seatbacks, and the cantilever seat system crashes has little scientific basis. all working to create a situation in which there is a transfer of the striking vehicle’s kinetic energy, creating injury Occupant dynamics potential at low velocity. In low-speed rear collisions, the bumper of a striking vehicle typically hits the rear bumper of a stationary vehicle, which frequently is stopped at traffic lights at a glance or a stop sign. The striking vehicle’s kinetic energy is then transferred into the target vehicle, resulting in n Minimum impact defences are becoming more and more acceleration to the target vehicle itself. common, and it is very important that we are aware of In lower velocity impacts, there is often negligible how to deal with them from an evidential standpoint permanent deformation, depending on the age of n When they are pleaded, an engineer with specific the vehicle, angle of collision, and structural design experience in dealing with such defences should characteristics of the bumper system. For example, if the be engaged. They should be briefed with the repair striking vehicle’s bumper is higher and the striking car is estimate, photos of the vehicle damage, assessors braking, with the nose of the vehicle diving downward, the report, and garda abstract car frame and seats of the struck car would be accelerated n In low-velocity rear-end crashes, there are several rapidly forward and downward. This can cause significant injury-producing variables physical injury to the occupants of the target vehicle. law society gazette www.gazette.ie April 2016 PERSONAL??????????????? INJURIES 35 Crash test
When considering injury causation and any subsequent post-traumatic ‘symptoms, it is important for a doctor and a bio-mechanist to remember that there is no ‘typical human’ in a crash environment
The likely injury mechanism’ Vs of 7-9mph with little if any important for a doctor and a bio- • Different heights may influence includes the initial extension in physical or observable damage. In mechanist to remember that there the distance between occupants compression/tension of the spine, some cases, when the bumper is is no ‘typical human’ in a crash and the interior of the vehicle, but then a rebound flexion of the taken off the vehicle after a rear- environment. • Women have lower centres of spine that is directly influenced end collision, the damage is often There can be several reasons gravity than men, by the lap-belt restraint system hidden in the bumper structures why an individual can be • Seating locations of occupants, holding the pelvis down and and, in some instances, cannot be different than what was generally • Different seatback angles for inward as the spine lengthens and seen from external observation represented in a group of subjects different occupants, and ramps up the seatback. at all. involved in an accident, including: • Out of position occupants. There are many types of • Different weight of humans, bumper systems in production, There is no typical human • Different human As solicitors, we often receive including isolators, foam, fibre- When considering injury anthropometry – some humans defences from defendants glass and metal beams. causation and any subsequent have shorter/longer legs, arms, pleading a ‘minimum impact’ Many modern cars have delta- post-traumatic symptoms, it is torso, and so on, defence. When this is pleaded, SPEAKERS Patricia Rickard-Clarke, Solicitor Overview of the Assisted Decision-Making (Capacity) Act 2015 Mervyn Taylor, Manager, Sage The Challenges of Developing Support and Advocacy Services for Older People Teresa McColgan, Partner, PwC Family Businesses: Succeeding Across Generations Karl Dowling BL Trust & Estates Litigation & Procedure Update Julie Burke, Tax Partner, Ronan Daly Jermyn Dealing with Revenue Audits and Interventions Post 2015 Code of Practice – Recent Developments from a Capital Taxes Perspective Nigel Anketell, Chartered Accountant UK Inheritance Tax – Principles, Opportunities and “Bear Traps”
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an engineer with specific experience in been absorbed by a rubber seal that attached dealing with such defences should be the glass to the car, and not transferred into engaged. They should be briefed with the the body of the car or to the occupant of repair estimate, photos of the vehicle damage, the car. assessors report, and garda abstract. Mr Tennyson told the court that he had So what should you consider when carried out a review of the literature that contesting a minimum impact defence? was designed to establish a personal injury • Never assume one size fits all approach, threshold below which injury is a very low • Every human being is different, probability. Acceleration was calculated in • Get the age of the occupants, terms of the change of velocity divided by • Establish the physical shapes of the time, expressed in the formula delta-V/time. occupants, The generally accepted threshold is delta-V • Establish whether they have suffered prior of 8km/h, which was roughly equivalent to injuries, double the normal walking speed. • Establish whether they are prone to suffer In summary, he was of the view that there injury, was a very light impact to the tailgate glass, Dancing in the disco, bumper to bumper • Get the specific size and which was incapable of shape of the occupants, transmitting any force to the front bumper will deform backwards. • Get the occupant positioning Rear-end the frame of the vehicle. He stated that a pallet to glass collision has for all body parts, collisions can Consequently, the target a different collision time to a bumper to • Get the occupant’s proximity occupant did not experience bumper collision, and glass does not deform. to the interior of the car. be quite complex, sufficient change in velocity When one changes the collision time, this with elastic bumpers, and, in the circumstances, has a significant effect on the degree of Recent considerations there was no risk of a acceleration experienced by the occupants, ‘elastic seatbacks, The High Court recently whiplash injury to the which produces the injury. considered the question of and the cantilever plaintiff. There clearly was a conflict in this case low-velocity impacts in Thomas between the engineering evidence, and the Neville v COD Plant and Civil seat system all Different type of collision judge decided that conflict in favour of the Engineering Ltd ([2015] IEHC working to create a Another consulting plaintiff’s engineer on that issue. 437). situation in which engineer, Collin Glynn, Judge Barr held that Mr Glynn was correct The case arose out of a road gave evidence on behalf of when he stated that the threshold cannot be traffic accident on 26 April there is a transfer of the plaintiff. He stated that, used when the points of collision involved 2012. The plaintiff’s Ford the striking vehicle’s in a normal rear-end impact, other parts of the vehicle. He found that, Fiesta was stopped in a line of one can use the amount in this particular case, the points of contact traffic when it was struck by kinetic energy, of car damage to estimate were the pallets coming into contact with a number of pallets that were creating injury the speed of the offending the rear windscreen of the car. The glass being carried in the bucket of a vehicle. This would be was toughened glass, and it was designed to JCB owned by the first-named potential at appropriate where there withstand significant blows. The judge held defendant and driven by the low velocity was a normal bumper to that he accepted Mr Glynn’s evidence that, second-named defendant. The bumper collision. However, prior to shattering, the rear windscreen could pallets came into contact with in this case, it was a different withstand and transmit significant loads. the rear windscreen of the plaintiff’s car, and type of collision: the collision impact was The judge went on to hold that he was the window shattered as a result. somewhat’ minor, but the manner in which the satisfied that the forces applied by the pallets Judge Barr stated that it was an unusual vehicle may have been shunted forward was on the windscreen were transmitted from case in that, while the defendants admitted unrelated to the impact damage. The collision the glass into the body of the car. He did not that they were liable for causation of the mechanism – the manner in which the target accept that the rubber seal around the window accident, they defended the case on the vehicle was propelled forward – was separate would have had much effect in reducing the basis that the impact between the pallets to the initial impact. After the first contact, forces transmitted to the rear of the car and to and the rear windscreen of the plaintiff’s the two objects remained in contact, with its occupant. car could not have been sufficient to cause one pushing the other forward without any The judge also held that it was possible the plaintiff to suffer any serious injury. further vehicle damage. that a lower impact time would produce In particular, they asserted that the forces Mr Glynn went on to state in his evidence a higher degree of acceleration and that applied to the plaintiff’s vehicle ceased once that delta-V cannot be used as a sole indicator bumpers were specifically designed to absorb the window broke. They argued, therefore, of a risk of injury. Bumpers are designed to significant loads and to crumple on impact. that no significant forces were applied to engage with each other; they are designed to The judge held that there was a significant the plaintiff’s vehicle sufficient to cause the crumple. When they deform, that elongates collision between the vehicles and, in the plaintiff to suffer any injury. the collision duration, reducing acceleration circumstances, it was possible for the plaintiff The defendants called consulting engineer forces to the occupant of the vehicle. The to suffer a whiplash injury as a result of the Anthony Tennyson, who gave evidence that bumper will absorb some of the collision impact. The judge then went on to assess total it was his view that whatever forces may have energy. Bumpers are designed to deform. damages of €171,633 and made an been applied to the windscreen would have The rear bumper will deform forwards and award to the plaintiff in that sum. 38 ???????????????PRACTICE MANAGEMENT law society gazette www.gazette.ie April 2016 Don’t you FORGET about me Does your firm need a rebrand? Or maybe a refresh? In the first of two articles, Lorraine Lorraine Carter Carter provides some pointers for law firm brand owners with her guide to maintaining is founder and principal of market leadership Persona Branding and Design, an he business world is in a constant state of values, vision, mission, proposition, positioning, award-winning flux. Markets change, new trends emerge, purpose, behaviours, tone, visual collateral, and all multidisciplinary disruptive competitors alter longstanding that entails, with no connections to the legacy entity. company rules, and customer preferences evolve – Alternatively, it can be something less dramatic and of a and all of this affects your brand. Brands more subtle, evolutionary nature, in the form of a brand are constantly evolving to ensure future refresh. growthT and relevance. Even the longest standing and In each instance – be it a total brand overhaul greatest brands in the world need rejuvenation, if not a total or a brand refresh – the change affects the target rebrand, in order to maintain market leadership. audience’s perceptions of the brand. The change gives Like the foundations of a house, a strong brand is an organisation, product or service a new meaning and essential. When cracks appear in the foundations of a image, both in terms of brand experience and culture brand, a wise owner or manager must take action to repair, and its visual brand collateral. prevent deterioration, and take steps to strengthen the In determining whether it’s time for a refresh or brand for future growth. Experts say that organisations and a rebrand, one of the most effective tools is a brand brands change their corporate identities, on average, once every seven to ten years. On a regular basis, diligent brand managers need to take at a glance a step away from an organisation’s day-to-day operations to examine and re-evaluate their position and strength in the n Both refreshing and rebranding require a process of market. If a brand isn’t achieving its objectives or driving due diligence business growth, there’s little time to be lost wondering n Engagement with the external market, customers, what to do about it. stakeholders and influencers is hugely important So what’s the difference between a brand refresh and a n Approaching a rebranding or brand refresh process rebrand, and how do I determine which one is the most without strategic planning, market insights, suitable choice? and customer engagement can have disastrous consequences Shake ’n’ vac n The strategy requires much more than changes to Rebranding or revitalisation can take many guises. It a logo – it requires an understanding of strategic can involve the wholesale change of a company, service objectives for the brand or product, inside and out – including name, culture, law society gazette www.gazette.ie April 2016 PRACTICE??????????????? MANAGEMENT 39
FORGET
audit health-check to examine external and either a rebrand or refresh, and what your overlooked or rushed. internal drivers that affect your brand. Like primary objectives are in making this strategic Broadly speaking, a typical rebrand or any check-up, a brand audit is best done as decision, you should consider the following. refresh process includes: a proactive and preventative measure. Aside • Rebrand/refresh planning – timelines, from determining the health or state of your Refreshers resources, team, brand, a brand audit also helps determine the Establishing the reasons behind any brand • Brand audit health check and research, level of potential change required. change is fundamental. Whether your brand • Brand profiling, architecture, Brands are like living entities: they have audit points to a refresh or a rebrand, both differentiators and positioning statement – life cycles. They start routes require a process of update or overhaul, with much excitement and due diligence to determine • Brand strategy development, promise, grow, and then The strategy the changes required. • Brand design, messaging development, and eventually plateau. A brand leading to a brand Both routes require an application, audit helps you innovate, inclusive approach, from the • Brand testing, research, and refinement reinvent, reinvigorate, and refresh or to rebranding boardroom to the newest before implementation and rollout, ensure market leadership requires much more team member, ensuring that • Brand induction and training throughout and continued relevance ‘than changes to a everyone in the organisation the organisation and external third parties, so you can maximise your sees themselves as an • Internal/external communications commercial return and fend logo; it requires an essential part of the brand. planning and rollout of rebrand or refresh, off your competition. understanding of Engagement with the • Brand style guide development for The scale and depth of external market, customers, protection and management of the brand, a brand audit is largely strategic objectives stakeholders, and influencers • Measure of impact and commercial determined by your primary for the brand is also hugely important. return against previously determined key objectives coupled with There many examples of performance indicators. timelines and resources. brands that failed to address The reasons for rebranding and/or this adequately and consequently suffered at Approaching a rebranding or brand refresh refreshing an organisation, product or service the hands’ of voluble detractors. process without strategic planning, market are numerous, and decisions should not be While it may be tempting to jump into insights, and customer engagement can taken lightly without sound strategic reasons the visual brand design aspects, the process have negative consequences. The strategy before launching into the process. of investigation, discovery, analysis, and leading to a brand refresh or to rebranding Once you know why you’re considering brand strategy development cannot be requires much more than changes to a logo; LAW SOCIETY GAZETTE • Vol 110 No 3 Deep impact The Tempest Rebrand of brothers Low-velocity rear-end Explaining the complaints How your firm can refresh crashes and the minimum and disciplinary provisions or rebrand its image to impact defence of the Legal Services Act boost market share
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it requires an understanding of strategic FOCAL POINT objectives for the brand. Research involves consultation with staff, with existing, lost and prospective customers, top tips for a rebrand or refresh former clients and competitor insights to get • Consult management, • Revisit brand strategy, sales and marketing a full picture of current brand associations, • Conduct a brand audit, messages, and channels, as well as customer perceptions, wants and • Determine refresh or rebrand requirement, • Develop brand strategy and brand profiling needs. • Set objectives, documents to provide the essential brand An investment in time for research and • Establish a timeline, directions or roadmap, assessment is required to flesh out areas of • Set budget appropriately, • Develop brand-design brief, strength and weakness and their impact on • Create a balanced project team internally • Commission brand design agency (with the brand to see whether a total rebrand or and externally, relevant expertise), just a refresh is required. The brand audit will • Evaluate all customer touchpoints, • Determine methodology and markers for also typically reveal new opportunities and • Redevelop and/or overhaul brand measuring ROI, point the way towards what you need to do to proposition, positioning and differentiators, • Plan and execute brand rollout to market. maximise impact.
Dominos deliver • Promise and mission statement, stationery, website, social media platforms, Define deliverables to the organisation. • Brand story, apps, brochures, uniforms, PowerPoint or These typically include a brand-positioning • Value proposition (for aligning brand Keynote templates, sales supports, vehicle statement that summarises the pertinent product and services to customer livery, signage, site interiors and exteriors, research and brand-profiling outputs communications), exhibition stands, and possibly music, video regarding the unique selling points and • Identification of target audiences, and more. key brand characteristics that set the brand • Development of buyer personas and key It’s critical that your new or revitalised apart and make it different, distinctive and messages crafted for each. brand collateral properly reflects your memorable, while also providing the roadmap brand, is consistent throughout every for the brand moving forward. Deliverables might also include problem touchpoint and, most importantly, reflects Brand messaging delivers some or all of the statements and problem solutions. and amplifies your key brand differentiators following: Lastly, the design aspect of visual and/ and brand personality in a way that’s • Values, or audio deliverables should be identified really meaningful to • Vision, – for example, logo and tagline, packaging, your primary audience.
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Web: www.probategenealogy.ie Tel: +353 1 6710338 Email: [email protected] 42 REGULATORY AFFAIRS law society gazette www.gazette.ie April 2016 O brave new WORLD Director of regulation John Elliot provides an overview of key aspects of the Legal Services Regulation Act concerning the new complaints and disciplinary system for solicitors and barristers
John Elliot is director of art 6 of the Legal Services Regulation Act 2015 creates a regulation at the new complaints and disciplinary system. Part 6 will come Law Society of into operation when decided by the Minister for Justice. Ireland The new Legal Services Regulatory Authority will deal with complaints and will have limited powers of sanction. Informal resolution of complaints about inadequateP services and excessive costs will be encouraged. The authority will have a Complaints Committee, which will have the power to make referrals to the new Legal Practitioners Disciplinary Tribunal. The tribunal will refer serious cases to the High Court for decision on sanction. Being members of a regulated profession, solicitors are exposed to the occupational hazard of complaints being made against them, no matter how well their practice is run. For this reason, the new at a glance complaints and disciplinary system should be of interest to all solicitors. n The new complaints and disciplinary The act introduces a new and extensive definition of misconduct, system is very similar to the existing but does not significantly add to the effective scope of the current system: the three-tier structure of a definition, except that the following may be considered to be complaints committee, a disciplinary misconduct: tribunal, and the High Court • An act or omission connected with provision of legal services that n Complaints may be made only to the were to a substantial degree of an inadequate standard, and Legal Services Regulatory Authority, and • An act or omission occurring otherwise than in connection with the Law Society must refer any complaints the provision of legal services justifying a finding that the legal it receives to the authority practitioner is not a fit and proper person to engage in the provision n Complaints that have already been of legal services. dealt with by the Law Society cannot be reopened New complaints system n The new system appears to envisage a The new complaints and disciplinary system is very similar to higher threshold of seriousness having to the existing system. The most significant differences are the new be reached before a matter is referred for institutions, with complaints about solicitors being made to the Legal disciplinary proceedings Services Regulatory Authority rather than the Law Society, and with law society gazette www.gazette.ie April 2016 REGULATORY AFFAIRS 43
The authority can investigate a legal practitioner where no complaint has been ‘received and may continue to investigate a complaint even where it has been withdrawn WORLD by the complainant ’ PIC: WIKIMEDIA COMMONS
‘This thing of darkness I acknowledge mine’
disciplinary cases being heard by the Legal time limit for conduct complaints. The authority can investigate a legal Practitioners Disciplinary Tribunal rather Complaints may be made only to the practitioner where no complaint has been than the Solicitors Disciplinary Tribunal. The authority, and the Law Society must refer received and may continue to investigate a existing three-tier structure of a complaints any complaints it receives to the authority. complaint even where it has been withdrawn committee, a disciplinary tribunal, with the Where the Law Society, in the exercise of its by the complainant. High Court at the apex of the system, in statutory functions, forms the opinion that Complaints procedures are to be as essence, remains the same. An administrative an act or omission of a solicitor constitutes informal as is consistent with the principles of filtering and resolution process is also misconduct, it must notify the authority, fair procedures and so that undue expense is provided for. unless the matter constitutes a breach of the not incurred. A client may make a complaint to the Solicitors Accounts Regulations or should be authority about legal services of inadequate investigated in connection with such a breach. Preliminary review standard or excessive costs. There is a three- The authority may request the Law Society to The authority must conduct a preliminary year time limit for making such complaints, investigate a complaint. The authority must review of a complaint to determine whether which compares with the existing five-year notify the Law Society of complaints about or not it is admissible. It must first notify the limit. Any person may make a complaint to solicitors and send relevant documentation to legal practitioner of the complaint and request the authority about misconduct. There is no the Law Society. his or her observations. The act allows the Meet your new partner.
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Everything you need to run a firm. For further details and booking forms, see www.stephensonsolicitors.com and the Manage time, bills, documents, tasks, calendars, flyer in this issue of the Law Society Gazette. and client communications. Places are filling up fast, so early booking is advisable. Integrate with the tools you use. We look forward to seeing you all there. Including QuickBooks, Bundledocs, Xero, Google Drive, Gmail, Outlook, Dropbox, Stephenson Solicitors 55 Carysfort Avenue, NetDocuments, and more. Blackrock, Co Dublin. Phone: +353 1 2756759 Visit clio.eu/signup to sign up for a free Fax: +353 1 2109845 trial now or email us at [email protected]. www.stephensonsolicitors.com law society gazette www.gazette.ie April 2016 REGULATORY AFFAIRS 45
rejection of complaints that are frivolous or sanction. At this stage, the range of sanctions the Complaints Committee or by the Law vexatious, without substance or foundation, available to the Divisional Committee is Society. This means that the current right out of time, or relate to a matter already much wider than are currently available to of members of the public to make direct decided under the act, the Solicitors Acts, or the Law Society’s Complaints and Client disciplinary applications will cease. in civil or criminal proceedings. One effect Relations Committee. Effectively, this signals The tribunal has a statutory objective that of this is that complaints that have already a significant shift in the dividing point its regulations be as informal as is consistent been dealt with by the Law Society cannot be between what is dealt with by a complaints with the principles of fair procedures and that reopened. committee and what is dealt with by a undue expense is not likely to be incurred The authority is required to facilitate disciplinary tribunal. by any party who has an interest in the informal resolution of complaints relating The new system appears to envisage a application. The tribunal may deal with cases to inadequate service or excessive costs, higher threshold of seriousness having to on the basis of affidavits where the parties where the client and the legal practitioner be reached before a matter is referred for consent. It may require submission of a agree. Where the parties do not accept disciplinary proceedings. The range of written outline of the evidence expected to be the authority’s invitation sanctions available to the given by witnesses, and there are provisions of informal resolution or Divisional Committee to discourage irrelevant evidence. Inquiries the attempt to resolve is The current right includes powers to make will generally be in public. There is provision unsuccessful, a written of members of directions in relation for the tribunal to obtain expert advice or procedure is commenced. In to completing services, assistance. appropriate cases, the authority the public to make participating in professional The tribunal has available to it a wider may issue directions. The direct disciplinary competence schemes, range of sanctions compared with the range of directions available ‘applications waiving and refunding Solicitors Disciplinary Tribunal. The range at this stage is similar to those fees, complying with of sanctions includes powers relating to available to the Law Society’s will cease undertakings, withdrawing professional competence schemes, waiving Complaints and Client or amending advertisements, or refunding costs, completing services, Relations Committee. imposing monetary sanctions and, on consent, transferring documents, imposing conditions Both the client and the legal practitioner imposing conditions on the practising on a practising certificate, as well as a range may seek a review by a Review Committee certificate.’ of monetary sanctions. In relation to financial of the authority’s decision. There is a right In issuing directions with financial sanctions, the aggregate amount of money of appeal against the Review Committee’s implications, the Divisional Committee is that the legal practitioner can be ordered to decision to the High Court. under statutory obligation to have regard to pay may not exceed €15,000, and the tribunal Statements made in the course of the means of the legal practitioner. is to have regard to the means of the legal attempting to resolve a complaint by the The legal practitioner (but not the practitioner. complainant or the legal practitioner may complainant) has a right of appeal to the High There are provisions for appeal to the High not be used in disciplinary proceedings. Court. In addition, interestingly, the authority Court and further appeal to the Court of Costs arising from the attempt to resolve may appeal a decision of its own Divisional Appeal. a complaint are to be borne equally by the Committee to the High Court. Where the tribunal decides that the parties, unless the parties agree otherwise. Where the Divisional Committee considers issue of sanction should be dealt with by that the act or omission is of a kind that is the High Court, the tribunal is to make Complaints Committee more appropriate for consideration by the a recommendation to the High Court on The authority will establish a Complaints Legal Practitioners Disciplinary Tribunal, it sanction. The sanction powers of the High Committee. This committee will have a may make an application for the holding of an Court will be broadly similar to the High ! lay majority, and a minimum of eight of its inquiry. Court’s existing powers of sanction and will up to 27 members will be nominated by the The authority is to publish six-monthly include strike-off and suspension. Law Society. The committee will operate reports on the performance of its functions The act provides for determinations of the in divisions – referred to as a ‘Divisional under part 6. Where the Complaints tribunal and orders of the High Court to be Committee’ – with a lay majority and a Committee has decided that the complaint furnished to the Registrar of Solicitors and to lay chair. A Divisional Committee is to merits the imposition of a sanction, and be published. investigate complaints referred to the where the authority considers it appropriate, Complaints Committee by the authority. the name of the legal practitioner may be Transitional arrangements The Divisional Committee will operate included in the report. Complaints about inadequate services by written procedure. It may require the and excessive fees made before the complainant to provide information and Disciplinary tribunal commencement of the new system will verify information by affidavit. The Divisional The Legal Practitioners Disciplinary Tribunal continue to be dealt with under the existing Committee may require the complainant and will have a lay majority, and a minimum of system to conclusion. However, if the act the legal practitioner to appear before the six of its up to 33 members will be nominated or omission giving rise to the complaint committee. by the Law Society. The chairperson of occurred before the commencement of the Where the Divisional Committee considers the tribunal is appointed by the President new system, but the complaint is made after that a complaint is not one to be referred to of the High Court and may be either a lay commencement, it will be the authority the Legal Practitioners Disciplinary Tribunal, person or a legal practitioner. The tribunal that deals with the complaint, but under the but that it warrants the imposition of a will act in divisions, chaired by a layperson. existing definition of misconduct (rather sanction, the committee may itself impose a Applications to the tribunal may be made by than the new expanded definition). 46 PROFILE law society gazette www.gazette.ie April 2016 Legal GUARDIAN Arklow-based Deirdre Burke is co-founder of the Guardian Project, which assists children going through separation or bereavement, and is the Law Society’s nominee to the Seanad’s Cultural and Educational Panel. Lorcan Roche meets a solicitor who is determined to humanise the family law experience
Lorcan Roche is a ome people have a heightened sense of the But it wasn’t until her boy was diagnosed (aged two) as freelance journalist other. Such elevated consciousness was part being “profoundly deaf” that Burke decided to marshal her and award- of the reason that, having being called to the experience and expertise and step outside the confines of the winning author bar in 1994, young Deirdre Burke felt, in role of solicitor. In particular, it was the dismissive manner her gut, she’d taken a “wrong step”. in which the diagnosis was delivered that activated Burke’s Having worked for a spell with consciousness. S“wonderful” solicitor Frank Murphy in the Legal Aid “I suppose my son’s diagnosis reinforced a sense inside Board in Wicklow, Burke began to feel – even more me of human-based needs. For information. For support. keenly than she had during training – that she needed The way we were told about his diagnosis was horrendous. greater engagement with clients. Operating at a remove I remember the words: ‘Well, yes, it does appear he is just didn’t suit. She’d begun to question her choices, deaf. Here is the date for your next appointment.’ We indeed the entire ethos underpinning her BCL training were literally shoved out of the room. No support, no at UCD. Where was the emphasis on problem-solving information, nothing. That whole experience influences the for the greater common good? Where was the social way I work and influences my desire to support people and conscience? Was the training fundamentally about to give them as much information as possible ... so that they maintaining the status quo? are not venturing into the unknown at a really peak, terrible Burke was then – and remains – a woman unafraid time of their lives.” to ask questions, one who needs to be at the heart She explains further: “I had just turned 40 ... it was an idea of matters. She went back to the Law Society and that had sat with me for a good few years, primarily because retrained as a solicitor. She went into private practice, of the type of work I did and what I learned doing it. You gravitating immediately towards family and child law. see, in supporting clients and bringing them through, you She had her third child, a boy, in 2002. In 2004, she opened her own practice (DM Burke) in Arklow, where she still works. at a glance Heartbreaking Burke chalked up a lot of experience – separations, n Life as a barrister – and a solicitor divorces and annulments. She did a lot of work in the n The foil that spurred her social consciousness District Courts with unmarried couples and in the Circuit n Human-based needs for information and support with those who had more financial clout. Much of what n Setting up the Guardian Project she saw broke her heart. Especially the hurt in children. n The horrendous set-up of family law courts She wondered, often and aloud, about the deficits in the n Resourcing the system to reduce conflict family law and child-service systems. law society gazette www.gazette.ie April 2016 PROFILE 47
I was always looking for services that would support the family ‘and, in particular, the children while my clients were going through the legal system. Those services were never there. There was a gap ’ 48 PROFILE law society gazette www.gazette.ie April 2016
Happy days – supporters of the Guardian Project visit a local school on the Camino fundraising walk
are never doing a proper job unless you deal in one hand and a pen in the other, trying to Because without the resources, nothing with the family unit – most especially if you are take instructions and negotiate an agreement changes. Technically, yes, we are complying supporting children. I was always looking for while everyone was looking on.” She rolls her with all of our UN obligations, but we have services that would support the family and, in eyes, and laughs. yet to resource the will to change. What I particular, the children while my clients were You get the feeling Burke doesn’t take herself would like to see is a structure that would turn going through the legal system. Those services too seriously, too often. But she has a vision, on its head and take a different approach and were never there. There was a gap.” wrought from years of working at the coalface. adapt an entirely non-adversarial approach. In truth, it was more of a gaping hole. In This she takes very seriously. If you resource a system that reduces conflict, any event, the Guardian Project was born (see then ultimately you will make a saving in the panel, p49). One-stop shop long run. Burke is open, honest, and unafraid to speak “What I would love to see in our family-court “You save by reducing the impact of her mind, whether discussing ex-Irish Times’ structure is a one-stop shop, where people breakdown on the children. You save by columnist John Waters’ views on fatherhood can get support, individual counselling, family reducing the impact on the adults. And the and separation (“I would not be a fan of his systems counselling, mediation, collaborative beauty of keeping people outside of courts opinions because, obviously, in my work, I see law, child experts who can support the and away from judges is that they can come the other side of things, and I do not agree children, who can deal with access and up with flexible situations that work for their with the theory that men do not get a fair deal parenting arrangements, and financial people particular family. Because every family is in court”) or when describing the grim reality to advise. Within that one-stop-shop, the different. And every child is different. You go of our family law courts: “Dolphin House is a court and the judges would be the very last into a courtroom and judges have very strict horrendous set-up. You can feel the tension in option, so that you actually carry the family parameters. That is where flexibility is lost, the air when you walk in. It is a toxic place”. through a process and see them out the other and then, more often than not, on appeal, the She warms to the theme: “The buildings end, rather than have them at loggerheads whole expensive, time-consuming process and the set-up inside them foster adversarial from the very beginning. Because as I have starts over.” attitudes. The very environments and said, the very nature of our system structures need to be changed. Look at is adversarial.” Consequences of choices Dolphin House – there are no adequate How would such a system be funded? Both the Australian and Canadian models, consultation rooms for people to have privacy. We have a serious problem at the moment in she says, are designed to reduce the You have people thronging the foyer, trying to that the current, outmoded structure is already conflict. Both offer the “softer support get up and down stairs ... the mediation service under-resourced. As a consequence, the voice mechanisms” within the broader public is not adequately presented as an option. of the child is absent.” service. A huge influence on the Australian “Look at Arklow District Court. There is a Doesn’t the new act take care of that? courts was the Aboriginal family structure courtroom – and that is it. You don’t even have “There are wonderful provisions in it for and wider culture, which places a premium an indoor foyer in which to wait. Last week, I hearing the voice of the child, but there is no on the extended family, in particular the was outside, under my umbrella, holding a pad funding. So, in effect, it is mere tokenism. entitlements of grandparents. law society gazette www.gazette.ie April 2016 PROFILE 49
Burke is a pragmatist. As she says, FOCAL POINT you can’t afford not to be in family law. But she is not afraid to dream: “In an the guardian project ideal world, I would love to be able to catch people just prior to the point of The Guardian Project – co-founded with moments – of realising they are not alone – is separation. And to educate and inform Michelle Gaffney and Johanne Kenny – a privilege.” them as to the consequences of the choices opened its doors in Arklow in October The project offers counselling services for they may make as they move forward – 2010. The project allies itself with, among children and young adults aged from five to 21, and of the benefits of choosing the non- other initiatives, the Rainbows peer support including play therapy. It also offers family law confrontational way.” programme, which assists children going mediation, parenting courses, supervised (if Burke prizes individuality. She believes through separation or bereavement. requested) access, and contact facilities. people – rich and poor – should be offered Burke trained as a Rainbows counsellor: Almost entirely volunteer-based (there are choices and that, in order to make those “It is, most commonly, feelings of shame and two administrators on 19-hour-per-week CE choices, they must be armed with all isolation that children of separating families schemes), it currently has more than 30 “very the necessary information. She instils experience. They often believe strongly that active” volunteers. It has an operating budget this philosophy, this belief-system about they are the only one going through it, and of approximately €25,000 and receives an decision-making processes, into her own therein lies the beauty of this kind of support annual grant of approximately €2,000 from children, one of whom is being home- network. It allows the children to share the Tusla. Local fundraising initiatives make up the schooled after falling foul of a nun who experience, feel less alone, and it equips them shortfall. didn’t believe 17-year-olds had the right to deal with things so much better. To be in the For more information, see www.facebook. to dye their hair. Or to speak up about it room with children having those ‘light-bulb’ com/guardianproject. at assembly, especially in front of a visiting school inspector. Like mother, like daughter – the Burke women challenge the received wisdom. Burke is liberal, but not in an affected, trendy way. This is, after all, Arklow – not Greystones! Nor is it the faux ‘D4’ liberalism of one born with a silver spoon in her gob. Burke, whose father worked at sea for Irish Lights, is the youngest of six and the only one in her family to attend college. She has secured the Law Society’s nomination to the Seanad’s Cultural and Education Panel. If elected, she says she will work hard, legislatively and practically, to make the voice of the child heard. Oh, and her son had a cochlear implant, Deirdre Burke, Mary McAleese (then President of Ireland) and Martin McAleese at the opening aged four. He is 13 now and doing very well.
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Damages Tadgh Dorgan and Peter McKenna. Round Hall (2015), www.roundhall.ie. ISBN: 978-0-4140- 508-53. Price: €265 (incl VAT). For many parties to litigation, there are only two sides to two important questions: will I win/lose, and how much will I get/have to pay? THE WORLD’S Given this, it is surprising that academic and practising lawyers have not spent more time BEST LEGAL thinking about the principles behind awards. PRACTICES RELY However, I recognised something of myself in the remarks of Judge Marie Baker in the ON OUR BEST foreword “that many lawyers, and law students, are far less proficient in their understanding of PRACTICES. the principles of the law of damages than they Whether you practise, support, create are, perhaps, of the principles in the law of or enforce the law, Thomson Reuters torts or contact and land law, as the case may delivers best-of-class legal solutions be”. This book admirably seeks to redress the was overturned as excessive, the appellate that help you work smarter, like balance. judges substituted €1.25 million. The court Round Hall, Practical Law, Westlaw IE, It is comprehensive. Space is given over to described the defamation as “towards the and Westlaw UK, as well as tools damages for personal injuries and the somewhat higher end of the scale”, but not such that to help you manage the business mixed judicial reaction to the requirement “it could be classed as one of the most serious of law, like Serengeti Tracker and that the court must have regard to the Book libels to come before the courts”. Thomson Reuters Elite. Intelligently of Quantum. There is a detailed examination An award of well over a million euro sits connect your work and your world of the principles underlying contributory ill, in my opinion, with the maximum tariff through unrivalled content, expertise negligence, mitigation, causation, remoteness, in cases of severe personal injury and with and technologies. and other factors limiting a defendant’s another Supreme Court decision, MN v SM exposure. Damages in employment law for [(2005) 4 IR 461], which was not only cited See a better way forward at professional negligence and under statutory in Leech but is referenced in Dorgan and legal-solutions.co.uk schemes are considered. McKenna’s text. There, the plaintiff had been Defamation is given its own chapter. In the subjected to sexual abuse over a period of five interests of full disclosure, I am the in-house years, which culminated in rape. As there had solicitor for a news media company. been an early guilty plea and an apology to Dorgan and McKenna detail the shifting the plaintiff, the Supreme Court reduced a tariff for general damages in tort claims – from jury award of €600,000 to €350,000. IR£150,000 in 1984 (equivalent to €212,570) While no one could doubt the distress to about €500,000 today. In 2012, Judge suffered by Mrs Leech and while there have MacMenanin noted that €450,000 was a been inflationary pressures since 2005, it is guide to a maximum award for general hard to justify defamation damages of more damages for a plaintiff “whose life has been than three-and-a-half times those given to effectively ruined”. a woman who was raped and subjected to The book states the law as of 1 January sexual abuse over a long period. 2015, so the Supreme Court’s decision in Leech This is perhaps an issue for the second v Independent Newspapers came a little late for edition of this book. It is certainly one that the authors. A jury had awarded Mrs Leech I look forward to reading. €1.872 million over false allegations that she had received government contracts because she Michael Kealey is in-house counsel with Associated had an affair with a minister. While the award Newspapers.
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In our digital issue, you can instantly access links to referenced cases and legislation, as well as pictures, video and audio. For best results, we recommend that you download the issue to your computer or device – it only takes seconds. go on – push our buttons: it’s fun check it out at gazette.ie law society gazette www.gazette.ie April 2016 BRIEFING 53 practice notes
CONVEYANCING COMMITTEE Online records in conveyancing transactions In cases where records accept a photocopy, coloured acting in the transaction – conveyancing purposes and can required for conveyancing copy, printout, or review the such as NPPR certificates be printed off and placed with transactions are maintained online record. Examples are of exemption, certificates of the title deeds. only online, it is the online BER certificates and LPT online exemption or waivers in relation There is no need for either a record that is conclusive records. to the household charge, and purchaser’s or vendor’s solicitor and can be accepted by In conveyancing transactions, so on – the emailed soft copy to certify a copy as being a copy a purchaser’s solicitor. A where a local authority emails of both the email and the of an original of any of the purchaser’s solicitor may documentation to a solicitor attachment is sufficient for above documents.
PRACTICE DIRECTION
CRIMINAL LAW COMMITTEE Practice direction on High Court bail The Criminal Law Committee Since Monday 15 February first and second calling of cases aware that the practice direction would like to draw the attention of 2016, High Court bail applications in the list, but no more than that. emphasises the implementation members to a practice direction are no longer heard on a Monday. If necessary, cases not reached of SI 470/2015. Under SI in relation to High Court bail Instead, bail applications from on Tuesdays will be heard on 470/2015, the affidavit grounding issued on 28 January 2016 by the prisoners who are detained in Wednesdays. an application for bail must be President of the High Court. The prisons in the greater Dublin area The practice direction also sworn by the applicant and must practice direction makes a number are heard on Tuesdays, with the provides that it will not be follow the particular format set out of changes in relation to the days list commencing at 11am. There permissible to adjourn bail in the statutory instrument. From of the week upon which High Court is a first and second calling of applications from prisoners 8 February 2016 onwards, the bail applications are heard and cases on the list, but no more than detained in Dublin prisons to other Central Office of the High Court will also reminds practitioners of the that. Applications for bail from than a day dedicated to such not issue or provide a return date procedures for bail applications prisoners who are detained in applications, and the same will for a notice of motion seeking bail under SI 470/2015 (Rules of the prisons other than in the greater apply in respect of adjournments unless the affidavit of the applicant Superior Courts (Bail Hearings) Dublin area are heard at 11am on for non-Dublin cases. grounding it complies with the 2015). Thursdays. Similarly, there is a Practitioners should also be these rules. DIPLOMA CENTRE
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Solicitors’ Benevolent Association SBA report and accounts 152nd report, 1 December 2014 to 30 November 2015
This is the 152nd report of the So- licitors’ Benevolent Association, RECEIPTS AND PAYMENTS A/C FOR THE YEAR ENDED 30 NOV 2015 DIRECTORS AND INFORMATION which was established in 1863. It is a voluntary charitable body, 2015 2014 Directors consisting of all members of the RECEIPTS € € Thomas A Menton (chairman) profession in Ireland. It assists Subscriptions 400,394 375,477 Brendan Walsh (deputy chairman) members or former members of Donations 183,692 157,341 Caroline Boston (Belfast) the solicitors’ profession in Ire- Legacies – 10,000 Liam Coghlan (Killarney) land and their spouses, widows, Investment income 64,907 47,004 Thomas W Enright (Birr) widowers, family, and immediate Bank interest 958 2,872 Felicity M Foley (Cork) dependants who are in need, and Currency gain 1,733 2,127 William B Glynn (Galway) it is active in giving assistance on Repayment of grants – 52,550 John Gordon (Belfast) a confidential basis throughout 651,684 647,371 Colin Haddick (Newtownards) the 32 counties. Dermot Lavery (Dundalk) The amount paid out during the PAYMENTS Anne Murran (Waterford) year in grants was €611,119, which Grants 611,119 500,436 John M O’Connor (Dublin) was collected from members’ sub- Bank interest and fees 3,072 1,338 John TD O’Dwyer (Ballyhaunis) scriptions, donations, legacies, and Administration expenses 48,536 46,232 Colm Price (Dublin) investment income. There are cur- 662,727 548,006 James I Sexton (Limerick) rently 78 beneficiaries in receipt of John Sexton (Dublin) regular grants, and approximately OPERATING (DEFICIT)/ Andrew F Smyth (Dublin) half of these are themselves sup- SURPLUS FOR THE YEAR (11,043) 99,365 Brendan J Twomey (Donegal) porting spouses and children. Trustees (ex-officio directors) There are 18 directors, three Profit on disposal of investments 104,859 183 John Gordon of whom reside in Northern Provision for (decrease)/increase John M O’Connor Ireland, and they meet monthly in the value of quoted investments (4,514) 69,479 Andrew F Smyth in the Law Society’s offices at SURPLUS FOR THE YEAR 89,302 169,027 Brendan Walsh Blackhall Place. They meet at the Law Society of Northern Ireland Secretary in Belfast every other year. The the following: Law Society of tion, additional fundraising events Geraldine Pearse work of the directors, who pro- Ireland, Law Society of Northern are necessary. Additional subscrip- vide their services entirely on a Ireland, Ashfield Media Group tions are more than welcome, as Auditors voluntary basis, consists in the Ltd, Belfast Solicitors’ Associa- of course are legacies and the pro- Deloitte, Chartered Accountants main of reviewing applications tion, Dublin Solicitors’ Bar As- ceeds of any fundraising events. and Statutory Audit Firm, Deloitte for grants and approving of new sociation, Employment Lawyers Subscriptions and donations will & Touche House, Earlsfort Terrace, applications. The directors also Group (NI), Limavady Solicitors’ be received by any of the directors Dublin 2 make themselves available to Association, Mayo Solicitors’ Bar or by the secretary, from whom all Financial consultants those who may need personal or Association, Medico-Legal So- information may be obtained, at Tilman Brewin Dolphin Ltd, professional advice. ciety of Ireland, Midland Solici- 73 Park Avenue, Dublin 4. Infor- 3 Richview Office Park, The directors are grateful to tors Bar Association, Monaghan mation can also be obtained from Clonskeagh, Dublin 14 both law societies for their sup- Bar Association, Roscommon Bar the association’s website at www. port and, in particular, wish to ex- Association, Sheriffs’ Association, solicitorsbenevolentassociation. Bankers press thanks to Kevin O’Higgins Southern Law Association, Tip- com. I would urge all members Allied Irish Banks plc, 37 Upper (past-president of the Law So- perary Bar Association, Water- of the association, when making O’Connell Street, Dublin 1 ciety of Ireland), Arleen Elliott ford Law Society, and West Cork their own wills, to leave a legacy First Trust, 31/35 High Street, (past-president of the Law So- Bar Association. to the association. You will find Belfast BT1 2AL ciety of Northern Ireland), Ken I would also appeal to those the appropriate wording of a be- Murphy (director general), Alan solicitors who are applying for quest at page 34 of the Law Direc- Offices of the association Hunter (chief executive) and the membership only of the Law So- tory 2015. Law Society of Ireland, personnel of both societies. ciety to pay the subscription to I would like to thank all the di- Blackhall Place, Dublin 7 I wish to express particular ap- the association, which is only €50 rectors and the association’s sec- Law Society of Northern Ireland, preciation to all those who con- per year. retary, Geraldine Pearse, for their Law Society House, tributed to the association when The demands on our association valued hard work, dedication, 96 Victoria Street, applying for their practising are rising due to the present eco- and assistance during the year. Belfast BT1 3GN certificates, to those who made nomic difficulties and, to cover the Charity number: CHY892 individual contributions, and to greater demands on the associa- Thomas A Menton, chairman 56 BRIEFING law society gazette www.gazette.ie April 2016 legislation update
12 January – 11 March 2016
Details of all bills, acts and statutory instruments since 1997 of the Transport (Railway Infrastruc- and provides for related matters. are on the library catalogue – www.lawsociety.ie (members’ and ture) Act 2001; amends sections 27 Commencement: This act (other students’ areas) – with updated information on the current stage a and 27A of the State Airports Act than part 4) shall come into opera- bill has reached and the commencement date(s) of each act. All 2004 and section 106 of the Road tion on such day or days as the min- Traffic Act 1961; gives the force of ister may appoint by order recent bills and acts (full text in PDF) are on www.oireachtas.ie, law to the protocol of 3 June 1999 and recent statutory instruments are available at www. for the modification of the Conven- SELECTED STATUTORY irishstatutebook.ie tion Concerning International Car- INSTRUMENTS riage by Rail of 9 May 1980 and District Court (Form 34.47) ACTS or may shortly require assistance changes the name of the Railway Rules 2016 An incorrect summary note for the in exercising their decision-making Safety Commission. Number: SI 82/2016 Assisted Decision-Making (Cap- capacity; provides for the amend- Commencement: 8/2/2016 Amend the District Court Rules by acity) Act 2015 was published ment of the law relating to enduring the substitution of Form 34.47 in in the January/February 2016 powers of attorney; provides for the Horse Racing Ireland Act 2016 Schedule B annexed to the District Gazette. The correct version is below. ratification by the State of the Con- Number: 2/2016 Court Rules 1997. vention on the International Protection Amends and extends the Irish Commencement: 25/2/2016 Assisted Decision-Making of Adults; and provides for related Horseracing Industry Act 1994, the (Capacity) Act 2015 matters. Greyhound Industry Act 1958, sec- Rules of the Superior Courts Number: 64/2015 Commencement: Subject to sub- tion 10 of the Animal Remedies Act (Order 15) 2016 Provides for the reform of the law section 3, this act shall come into 1993, the Veterinary Practice Act Number: SI 83/2016 relating to persons who require or operation on such day or days as 2005, section 2 of the Forestry Act Amend order 15, rule 16 of the may require assistance in exercis- the minister, after consultation with 2014 and the Horse and Greyhound Rules of the Superior Courts to sim- ing their decision-making capacity, the Minister for Health, may ap- Racing Act 2001; repeals the Horse plify the requirements, on an infant whether immediately or in the fu- point by order; part 8 and the other Racing Ireland (Membership) Act attaining full age, for amendment ture, having regard, among other provisions of this act, insofar as they 2001 and section 2 of the Horse and of the title to the proceedings so things, to the protections afforded relate to an advance healthcare di- Greyhound Racing (Betting Charges that the former infant plaintiff can by the Convention for the Protection rective or designated healthcare and Levies) Act 1999 and provides proceed or defend in his or her own of Human Rights and Fundamen- representative or both, shall come for related matters. name. tal Freedoms, done at Rome on 4 into operation on such day or days Commencement: This act comes Commencement: 25/2/2016 November 1950, as it applies in as the Minister for Health, after into operation on such day or days the State; provides for the appoint- consultation with the minister, may as the minister may appoint by Circuit Court Rules (Gender ment by such persons of other appoint by order order Recognition Act) 2016 persons to assist them in decision Number: SI 84/2016 making or to make decisions joint- Criminal Justice (Spent Credit Guarantee (Amendment) Amend order 59 of the Circuit Court ly with such persons; provides for Convictions and Certain Act 2016 Rules by the insertion of a new rule the making of applications to the Disclosures) Act 2016 Number: 1/2016 8 and Forms 37P, 37Q, 37R, 37S, Circuit Court or High Court in Number: 4/2016 Amends and extends the Credit 37T, 37U, and 37V to the schedule respect of such persons, including Makes provision for the limitation Guarantee Act 2012 to enable the of forms annexed to those rules to seeking the appointment by the of the effect of certain criminal con- Minister for Jobs, Enterprise and regulate the procedure in applica- Circuit Court of decision-making victions in certain circumstances Innovation, pursuant to a counter- tions for an exemption order under representatives for such persons; and after certain periods of time; guarantee scheme made by that section 12 of the Gender Recognition provides for the making of ad- amends the National Vetting Bureau minister, to give counter-guaran- Act 2015 in respect of a child be- vance healthcare directives by per- (Children and Vulnerable Persons) Act tees to promotional financial insti- tween 16 and 18 years of age. sons of their will and preferences 2012 and the Garda Síochána Act tutions for guarantees given by the Commencement: 25/2/2016 concerning medical treatment de- 2005 and provides for related mat- institutions to finance providers in cisions should such a person sub- ters. respect of finance agreements en- Circuit Court Rules (Local sequently lack capacity; provides Commencement: This act shall tered into by the finance providers Elections (Petitions and Disquali- for the appointment, in advance come into operation on such day or with qualifying enterprises; places fications) Act 1974) 2016 healthcare directives, of designat- days as the minister may appoint by a yearly monetary limit on the Number: SI 85/2016 ed healthcare representatives with order potential liability of that minister Amend order 58 of the Circuit the power to, among other things, in respect of all credit guarantee Court Rules and the schedule of ensure that the advance healthcare Public Transport Act 2016 schemes and counter-guarantee forms annexed to those rules by the directives concerned are complied Number: 3/2016 schemes taken together; amends substitution of Form 38A and the with; provides for the appoint- Amends and extends the Dublin the Employment Equality Act 1998, deletion of Form 38B. ment and functions of the director Transport Authority Act 2008, the the National Minimum Wage Act Commencement: 25/2/2016 of the Decision Support Service Taxi Regulation Act 2013, the Rail- 2000, the Workplace Relations Act in respect of persons who require way Safety Act 2005, and section 66 2015 and the Companies Act 2014 Prepared by the Law Society Library law society gazette www.gazette.ie April 2016 BRIEFING 57 regulation
Solicitors Disciplinary Tribunal NOTICE Reports of the outcomes of Solicitors Disciplinary Tribunal inquiries are published by the Law Society of Ireland as provided advertising regulations for in section 23 (as amended by section 17 of the Solicitors In the matter of the Solicitors (regulation 4(a)(ii), (Amendment) Act 2002) of the Solicitors (Amendment) Act 1994 (Amendment) Act 2002 and in 3) Reflected unfavourably on other the matter of the Solicitors (Ad- solicitors (regulation 4(a)(iii)), In the matter of Michael 2) The respondent solicitor vertising) Regulations 2002 (SI 4) Was false and misleading (regu- O’Brien, a solicitor of Michael breached his undertaking to 518/2002) lation 4(a)(v)). A O’Brien & Co, Castle Street, AIB to complete the legal for- Complainant: Registrar of Solicitors Carrick-On-Suir, Co Tipperary, malities of the transfer of land. John McNamara, solicitor The committee was of the opinion and in the matter of the Solicitors On 2 December 2015, the Adver- that the complaint, while justified, Acts 1954-2011 [4405/DT12/12] The tribunal ordered that the re- tising Regulations Division of the was not of sufficient seriousness to Named client (applicant) spondent solicitor: Regulation of Practice Committee warrant an application be made to Michael O’Brien (respondent 1) Do stand admonished and ad- found that John McNamara, solici- the Solicitors Disciplinary Tribunal solicitor) vised, tor, of John McNamara & Associ- under section 7(1) of the Solicitors On 29 September 2015, the Solici- 2) Pay the applicant’s costs in the ates, O’Curry Street, Limerick, was (Amendment) Act 1994. It issued to tors Disciplinary Tribunal found sum of €6,000 plus VAT. in breach of four regulations under the solicitor a reprimand in writing the respondent solicitor guilty the Solicitors (Advertising) Regula- and directed that the said repri- of misconduct in his practice as a In the matter of Aine Feeney tions 2002 (SI 518/2002) and up- mand remain on the record of the solicitor in respect of the following McTigue, a solicitor previously held the complaint of the registrar, solicitor for a period of three years complaint as set out in the affida- practising as Feeney Solicitors, in that the solicitor was in breach from 2 December 2015. vit of the applicant: the respondent First Floor, Lismoyle House, of section 4(2) of the Solicitors solicitor continued to mislead any- Merchants Road, Galway and (Amendment) Act 2002 by publish- This notice is published at the di- one who enquired about this mat- in the matter of the Solicitors ing an advertisement that was: rection of the committee, pursu- ter on the applicant’s behalf. Acts 1954-2011 [10123/DT23/13 1) Likely to bring the profession ant to the provisions of regulation The tribunal ordered that the and High Court record 2015 no into disrepute (regulation 4(a) 15(i) of the Solicitors (Advertising) respondent solicitor: 173 SA] (i)), Regulations 2002, which permits 1) Do stand censured, Law Society of Ireland (applicant) 2) Considered to be in bad taste the publication of such reprimands. 2) Pay to the applicant his costs, Aine Feeney McTigue measured at €10,000 plus VAT. (respondent solicitor) On 8 October 2015, the Solicitors bank account was correctly des- 3557/DT95/14; and High Court In the matter of Michael Disciplinary Tribunal found the ignated, record 2015 no 219 SA] O’Brien, a solicitor of Michael respondent solicitor guilty of mis- 7) Failed to ensure that adequate Law Society of Ireland (applicant) A O’Brien & Co, Castle Street, conduct in that she: narrative was written on Patrick O’Connell (respondent Carrick-On-Suir, Co Tipper- 1) Allowed debit balances total- cheques paid to banks or finan- solicitor) ary, and in the matter of the ling €3,092 to occur on nine cial institutions. On 21 October 2015, the Solici- Solicitors Acts 1954-2011 [4405/ client ledger accounts at her ac- tors Disciplinary Tribunal found DT165/12] counting date of 31 September The tribunal referred the matter the respondent solicitor guilty Named client (applicant) 2011, forward to the High Court and, on of misconduct in his practice as a Michael O’Brien (respondent 2) Allowed a minimum deficit 7 December 2015, the High Court solicitor in four separate referrals solicitor) of €48,678.18 on the client ordered that: from the Society to the disciplin- On 29 September 2015, the Solici- account as of 30 September 1) The name of the respondent ary tribunal, as follows. tors Disciplinary Tribunal found 2011, subsequently adjusted solicitor be struck from the Roll the respondent solicitor guilty to €33,297.78, in breach of of Solicitors, 3557/DT178/13 of misconduct in his practice as a the Solicitors Accounts Regula- 2) The Society recover the costs Failed to ensure there was fur- solicitor in respect of the following tions, of the proceedings in the High nished to the Society an accoun- complaints as set out in the affida- 3) Permitted unauthorised trans- Court and the tribunal, to be tant’s report for the year ended 31 vit of the applicant: fers between unrelated acc- taxed by in default of agree- December 2012 within six months 1) The respondent solicitor was ounts to temporarily clear debit ment. of that date, in breach of regula- unprofessional and negligent balances, tion 21(1),of the Solicitors Accounts in giving a written undertaking 4) Took costs from deposits In the matter of Patrick Regulations 2001 (SI 421 of 2001). to AIB to complete the legal received in a number of con- O’Connell, a solicitor previously formalities in relation to a con- veyancing transactions, practising as Patrick O’Connell, 3557/DT76/14 tract for sale of property when 5) Failed to pay stamp duty that Solicitor, 66 Main Street, Cas- 1) Failed to comply with an under- he failed to get written assur- had been discharged and paid tleisland, Co Kerry, and in the taking dated 28 February 2006, ances from the transferor that by the client and instead used matter of the Solicitors Acts furnished to Bank of Ireland in she would transfer the land and same to pay costs, 1954-2011 [3557/DT178/13; respect of a named client and provide full cooperation, 6) Failed to ensure that a client 3557/DT76/14; 3557/DT77/14; property at Newscastlewest, 58 BRIEFING law society gazette www.gazette.ie April 2016 regulation
Co Limerick, in a timely man- Building Society in respect of in respect of named property at plainants in respect of the prop- ner or at all, his clients and named borrow- Tralee, Co Kerry, and the bor- erty at Castleisland, Co Kerry, 2) Failed to comply with an un- ers and property at Ennis, Co rowers and his named clients in and his clients and the named dertaking dated 10 February Clare, in a timely manner or at a timely manner or at all, borrowers in a timely manner 2004, furnished to the com- all, 3) Failed to comply with an un- or at all, plainant in respect of his named 5) Failed to comply with an under- dertaking dated 30 January 11) Failed to comply with an un- client and property at Limerick taking dated 4 September 2008, 2004, furnished to the com- dertaking furnished to the com- City in a timely manner, furnished to EBS Building plainants in respect of property plainants on 10 June 1998 in re- 3) Failed to comply with an un- Society in respect of his cli- at Tralee, Co Kerry, and in re- spect of property at Tralee, Co dertaking dated 11 April 2006, ent and named borrowers and spect of the borrowers and his Kerry, in two separate folios, furnished to the complainant property at Farranfore, Co named clients in a timely man- and the named borrowers in a in respect of the complainant’s Kerry, in a timely manner or at ner or at all, timely manner or at all, bank and in respect of his client all, 4) Failed to comply with an un- 12) Failed to respond to the and named borrower and prop- 6) Failed to comply with an under- dertaking furnished to the Society’s correspondence dated erty at Castleisland, Co Kerry, taking dated 22 April 2008, fur- complainants on 1 July 2003 in 7 August 2012, 8 October 2012, in a timely manner, nished to EBS Building Society respect of property at Listowel, and 31 January 2013 within the 4) Failed to respond to the in respect of his client and Co Kerry, and his clients, the time provided in that letter, in a Society’s letters dated 8 named borrower and property named borrowers, in a timely timely manner, or at all, October 2012 and 18 January at Castleisland, Co Kerry, in a manner or at all, 13) Failed to attend the meeting of 2013 in a timely manner, within timely manner or at all, 5) Failed to comply with an un- 3 July 2013, despite being re- the time provided in those let- 7) Failed to comply with an un- dertaking furnished to the quested to do so by letter dated ters, or at all, dertaking dated 29 November complainants on 1 July 2003 8 May 2013 and by letter dated 5) Failed to comply with a direc- 2006, furnished to EBS in respect of named property 24 June 2013, tion made by the Complaints Building Society in respect of in Listowel, Co Kerry, and the 14) Failed to comply with the di- and Client Relations Com- his client and named borrower borrowers and his named cli- rections of the Complaints and mittee at its meeting of 30 April and property at Newcastlewest, ents in a timely manner or at Client Relations Committee 2013 that he pay a contribution Co Limerick, in a timely man- all, made at its meeting of 30 April of €500 towards the costs of ner or at all, 6) Failed to comply with an un- 2013 that he make a contribu- the Society due to his failure to 8) Failed to reply to the Society’s dertaking dated 4 September tion of €500 towards the costs correspond with the Society. correspondence, in particular, 2007, furnished to the com- of the Society due to his failure the Society’s letters of 1 July plainants in respect of property to correspond with the Society. 3557/DT77/14 2013, 13 August 2013, and 13 at Knocknagoshel, Co Kerry, 1) Failed to comply with an un- September 2013 in a timely and the named borrower in a The Solicitors Disciplinary Tribu- dertaking dated 20 July 2000, manner or at all, timely manner or at all, nal ordered that the four matters furnished to EBS Building 9) Failed to attend the Complaints 7) Failed to comply with an un- should go forward to the High Society in respect of his cli- and Client Relations Com- dertaking furnished on 25 Court and, on 11 January 2016, ents and the named borrower mittee meeting of 12 December November 1998 to the com- the High Court ordered on con- and property at Killarney, Co 2013, despite being required to plainants in respect of a named sent that the respondent solicitor Kerry, in a timely manner or at do so by letters dated 3 October borrower and property at not be permitted to practise as all, 2013 and 3 December 2013, Castleisland, Co Kerry, in a a sole practitioner or in partner- 2) Failed to comply with an un- 10) Failed to pay the sum of €700 timely manner or at all, ship; that he be permitted only dertaking dated 5 January 2006, levied by the Complaints and 8) Failed to comply with the to practise as an assistant solici- furnished to EBS Building Client Relations Committee undertaking furnished on 1 tor in the employment and under Society in respect of his named at its meeting of 12 December August 2007 to the complain- the direct control and supervi- client and the borrower and 2013 and requested of him by ants in respect of named prop- sion of another solicitor of at least property at Castleisland, Co letter dated 18 December 2013 erty at Rathmore, Co Kerry, ten years’ standing, to be approved Kerry, in a timely manner or at in a timely manner or at all. and the named borrower in a in advance by the Law Society of all, timely manner or at all, Ireland. 3) Failed to comply with an un- 3557/DT95/14 9) Failed to comply with the un- dertaking dated 31 January 1) Failed to comply with an un- dertaking furnished to the In the matter of Kevin Martin, 2008, furnished to EBS dertaking furnished to the complainants on 30 September a solicitor practising as a part- Building Society in respect of complainants on 1 July 2003 in 2005 in respect of named prop- ner in Malone & Martin Solici- his client and named borrower respect of property at Listowel, erty in Castleisland, Co Kerry, tors, Market Street, Trim, Co and property at Castleisland, Co Kerry, and of the borrow- and the borrowers and his Meath, and in the matter of the Co Kerry, in a timely manner ers and his named clients in a named clients in a timely man- Solicitors Acts 1954-2011 [7034/ or at all, timely manner or at all, ner or at all, DT136/14] 4) Failed to comply with an un- 2) Failed to comply with an un- 10) Failed to comply with the Law Society of Ireland (applicant) dertaking dated 19 December dertaking dated 3 April 2004, undertaking furnished on 3 Kevin Martin (respondent 2003, furnished to EBS furnished to the complainants February 2005 to the com- solicitor) law society gazette www.gazette.ie April 2016 BRIEFING 59 regulation
On 12 January 2016, the Solicitors 20 September 2012, 25 October Jones & Company, Solicitors, July 2012, 2 November 2012, Disciplinary Tribunal found the 2012, 20 November 2012, 11 Church Lane, Mullingar, Co 20 November 2012, 11 July respondent solicitor guilty of pro- January 2013 and 27 August Westmeath, and in the matter 2013, 25 September 2013, and fessional misconduct in his practice 2013 within the time provided in of the Solicitors Acts 1954-2011 25 November 2013 in a timely as a solicitor in that he: those letters, in a timely manner, [3976/DT16/15] manner, within the time pro- 1) Failed to comply with an un- or at all, Law Society of Ireland (applicant) vided, or at all, dertaking dated 16 November 3) Failed to respond to three let- Peter D Jones (respondent 3) Failed to comply with the direc- 2007, furnished to Fresh ters sent to him by a named firm solicitor) tion made by the Complaints Mortgages Limited (now Mint of solicitors on behalf of Mint On 19 January 2016, the Solicitors and Client Relations Com- Fund Limited) in respect of his Funding Limited on 1 July 2013, Disciplinary Tribunal found the mittee on 28 January 2014 that named clients and borrowers 22 July 2013 and 16 August respondent solicitor guilty of mis- he furnish certain information and property in Co Meath in a 2013. conduct in his practice as a solici- in respect of the complaint on or timely manner, tor in that he: before 13 April 2014 in a timely 2) Failed to respond to the The tribunal ordered that the re- 1) Failed to comply with an un- manner. Society’s correspondence and, spondent solicitor: dertaking furnished to the in particular, the Society’s let- 1) Do stand censured, complainants, Bank of Ireland The tribunal ordered that the re- ters of 8 February 2010, 23 2) Pay a sum of €4,000 to the com- Mortgages, on 30 July 2007 in spondent solicitor: February 2010, 10 March 2010, pensation fund, respect of named property at 1) Do stand advised and admon- 14 April 2010, 9 June 2010, 27 3) Pay a sum of €2,000 in respect Mullingar, Co Westmeath, and ished, July 2010, 10 November 2010, of the costs of the Law Society his clients and named borrowers 2) Pay a sum of €3,500 to the com- 7 December 2010, 11 January of Ireland. in a timely manner, pensation fund, 2011, 8 February 2011, 10 2) Failed to respond to the 3) Pay a sum of €2,500 as a contribu- January 2012, 27 January 2012, In the matter of Peter D Jones, Society’s correspondence of tion towards the whole of 24 July 2012, 31 August 2012, a solicitor practising as Peter D 13 June 2012, 6 July 2012, 30 the costs of the Society.
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eurlegal News from the EU and International Affairs Committee Edited by TP Kennedy, Director of Education, Law Society of Ireland THE FAILING FIRM/DIVISION DEFENCE: RARE, BUT RELEVANT
n October 2015, the Competi- cluding chemotherapy and antimi- Baxter and Fannin Compounding in a substantial lessening of com- tion and Consumer Protection crobials, for example, antibiotics. would disappear. In addition, these petition in Ireland. That said, the ICommission (CCPC) – for- Many Irish hospitals compound hospitals also expressed concern CCPC continued, in accordance merly the Competition Authority medicines in their respective in- about security of supply in the with its 2013 Guidelines for Merger – cleared Baxter Healthcare Lim- house pharmacies. However, due event that Baxter decided to close Analysis, to examine the relevant ited’s proposed acquisition of the to their toxic nature, the commer- either the Deansgrange or San- ‘counterfactual’, that is, the situa- medical compounding business of cial preparation of these products dyford compounding facilities. In tion that would prevail in the ab- Fannin Limited. is subject to strict health and safety its review, the CCPC found that sence of the proposed acquisition. The CCPC’s decision is the first regulations. In addition, due to li- hospitals with their own in-house Often, this is the situation prior by an Irish regulator to allow a censing regulations, hospitals with pharmacies could threaten to in- to the proposed merger. How- transaction to proceed on the basis their own in-house compounding crease their own production of ever, the pre-transaction situation of the failing firm/division defence capacity cannot supply compound- compounded medicines, deterring is not relevant where the target in over 20 years. It also marks the ed medicines to other hospitals. any post-transaction price increase business would exit the market if first successful reliance on this ar- Therefore, hospitals with no in- by Baxter. However, other hospi- the proposed acquisition does not gument under the current Irish house compounding tals, with no in-house proceed. merger control regime. Indeed, this ability must purchase Potential pharmacy, would ob- decision represents one of the rare chemotherapy prod- viously be unable to Failing firm/division defence global examples of the actual appli- ucts from commer- reliance on do likewise. The failing firm/division de- cation of this defence. cial suppliers (such a failing firm/ The CCPC consid- fence allows the CCPC to clear a as Baxter and Fannin ered that the sourcing merger that would otherwise lead The target business Compounding). division defence of compounded che- to a substantial lessening of com- Fannin Compounding (part of the Baxter and Fannin will‘ inevitably motherapy products petition. However, the burden of DCC Healthcare division of DCC are the sole com- from Britain was un- proof lies on the merging parties plc) manufactures and supplies mercial suppliers of be a last resort likely to be a viable to demonstrate that the target aseptically prepared compounded chemotherapy prod- alternative: it is not meets the failing firm/division test medicines to Irish hospitals and ucts to Irish customers. From feasible to import medicines with by providing the necessary evi- clinics. Medical compounding in- 2011 to 2014, Baxter’s share of this a shelf life of less than 48 hours. dence. volves the mixture of pharmaceu- relevant market ranged from 60- Baxter/Fannin’ Compounding also Under the guidelines, there are tical products in the exact form 70%, with Fannin Compounding argued that the relevant hospitals four cumulative elements to the prescribed for a particular patient representing the remainder. The would have the ability to resist any CCPC’s failing firm/division test. before being inserted into ‘delivery latter’s turnover and market share price increase post-transaction. devices’ such as syringes or infu- have both decreased over this pe- However, the CCPC found that 1. The division must be unable to sion bags. Baxter (a subsidiary of riod. This is because some public hospitals with their own com- meet its financial obligations in the US-based healthcare company Bax- hospitals have sourced product in- pounding facilities are unlikely near future. ter International Inc) also supplies creasingly from their own pharma- to supply the non-compounding A strict interpretation of this compounded medicines to custom- cies, while others have purchased hospitals, given rising demand for criterion would focus solely on ers in Ireland and Britain from its additional chemotherapy products cancer treatment (partly as a result whether DCC has the ability to facility in Deansgrange, Co Dublin. from Baxter. of an aging population) from their maintain its support of Fannin The Sandyford, Co Dublin-based own patients, allied to the require- Compounding without endan- Fannin Compounding had suffered Merger to monopoly ment to seek the relevant licence. gering its own financial situation. continuing financial losses in recent The CCPC was concerned that Given the costs and difficulties of However, the CCPC instead ad- years. Therefore, in early 2015, Baxter, as the only supplier in the constructing and staffing a com- opted a more nuanced approach, DCC began a process of finding a sector, would have the incentive pounding unit, the CCPC also assessing whether DCC had both suitable purchaser for the business. and the ability to raise prices for found that new entry was unlikely the ability and incentive to meet This process ultimately led to the chemotherapy products post-com- to be timely, likely and sufficient. the target’s ongoing and future proposed sale to Baxter. The par- pletion. As part of its investigation, Based on the evidence, the financial obligations. (This inter- ties notified the transaction to the the CCPC surveyed 17 hospitals. CCPC was concerned that Baxter pretation is consistent with the CCPC in June 2015. Each of these hospitals argued would, post-acquisition of Fan- European Commission’s approach that the price of compounded nin Compounding, have both in its September 2013 decision in Compounded medicines medicines would increase post- the incentive and the ability to Nynas/Shell/Harburg Refinery). Compounded medicines may be transaction, since the competi- increase the price of compounded At the CCPC’s request, Grant used for a variety of treatments, in- tion that currently exists between chemotherapy products, resulting Thornton examined Fannin law society gazette www.gazette.ie April 2016 BRIEFING 61 eurlegal PIC: i STOCK
Compounding’s records and income to cover its fixed costs. Apart from Baxter, two alternative is likely to lead to an increase in found that it has been loss-making Accordingly, neither receivership potential purchasers were identi- prices (particularly given the diffi- since 2013. The accountancy firm nor examinership will remedy its fied. One declined the opportu- culties of importing such products also considered that Fannin Com- financial issues. Therefore, the nity to bid due to the high cost of from Great Britain). The CCPC pounding faces various operation- CCPC agreed that there is no real investment required to revitalise was thus satisfied that the pro- al risks, most notably ensuring the prospect of using any available in- the target. The other stated that posed acquisition would not give safety of its products. Accordingly, solvency mechanism to reorganise recent financial difficulties made rise to a substantial lessening of the CCPC accepted DCC’s argu- Fannin Compounding. Fannin Compounding an unat- competition. ment that there was no prospect of tractive acquisition target. The Fannin Compounding returning 3. The assets of the failing firm would CCPC thus found that Baxter is Other examples of the defence to profitability in the near future. exit the relevant market in the ab- most likely to be the only com- Although it is rarely used, the fail- Without the proposed sale to Bax- sence of a merger transaction. pany seriously interested in ac- ing firm defence has previously ter Healthcare, the CCPC thus The CCPC concluded (after re- quiring Fannin Compounding. been successfully argued in Ire- found that DCC has no economic viewing various DCC internal Accordingly, it concluded that land and elsewhere. incentive to continue its support documents) that it was highly there is no credible alternative less Prior to the entry into force of of Fannin Compounding. likely that, without the sale to anti-competitive outcome to the the current Irish merger control Baxter Healthcare, Fannin Com- proposed sale. regime in January 2003, qualifying 2. There must be no viable prospect of pounding would be closed and mergers were the subject of man- reorganising the business through the that the relevant assets would in- Clearance datory notification to what is cur- process of receivership, examinership evitably exit the relevant market. The CCPC therefore found that rently known as the Department or otherwise. each of the four elements of the for Jobs, Enterprise and Innova- Grant Thornton stated that the 4. There is no credible less anti-com- failing division test is met. In ad- tion. The parties also had the op- target’s difficulties were not re- petitive alternative outcome than the dition, it considered that there tion, but not the obligation, of no- lated to its balance sheet (or in- notified merger. would be a significant reduction in tifying any transaction to the then debtedness), but rather stem from PWC was appointed to find a manufacturing capacity in Ireland Competition Authority under or- its inability to generate sufficient buyer for Fannin Compounding. for chemotherapy products, which dinary Irish competition rules. In LAW SOCIETY PROFESSIONAL TRAINING
Centre of Excellence for Professional Education and Training
To view our full programme visit www.lawsociety.ie/Lspt
DATE EVENT DISCOUNTED FULL FEE CPD HOURS FEE* 12 May The Secret to a Successful Practice: Wellness for Success: €150 €176 5 Management & Professional Stress, burnout and unprofitable work practices need not hold you back Development Skills by Group Study any longer. This one-day event will change the way you work so you are calmer, more energised and more in control
12 May Essential Solicitor Update 2016 Part I €75 1 Regulatory Matters In partnership with Leitrim, Longford, Roscommon, Sligo and Midlands (including financial compliance) & Bar Associations Landmark Hotel, Carrick-on-Shannon, Co Leitrim Attendance on Day 1 & 2 - €160 1 General & 2 M & PD Skills by – Practice Regulation - Financial Compliance Group Study – Assisted Decision Making (Capacity) Act 2015 – Criminal Litigation - Bail, custody, advising clients in Garda 4 CPD Hours stations, unconstitutional evidence
13 May Essential Solicitor Update 2016 Part II €105 2 Regulatory Matters Landmark Hotel, Carrick-on-Shannon, Co Leitrim (including anti-money laundering – Workplace Relations Act 2015 Hot lunch and networking drinks compliance) & 2 General & – Conveyancing update included in price 2 M & PD Skills by Group Study – Technology update for the small practice – Legal Services Regulation Act 2015: general overview and impact Attendance on Day 1 & 2 - €160 6 CPD Hours – Probate Practice: drafting, taxation and will trusts – Regulation Compliance - anti-money laundering – Legal costs: the current and future regimes
19 May In-house and Public Sector Committee Panel Discussion €25 2.5 M & PD Skills by Group Study Challenges and opportunities facing the in-house sector
26 May Energy Law Seminar: EU Energy Union €105 2 General – by Group Study Ireland’s role in partnership with the EU and International Affairs Committee 17 June Essential Solicitor Update 2016 €105 2 Regulatory Matters (including Shannon Suite, Strand Hotel, Limerick – in partnership with Clare and anti-money laundering & financial Limerick Bar Associations Hot lunch and networking drinks compliance) & 2 General & 2 M & PD – Workplace Relations Act 2015 included in price Skills by Group Study – Legal Services Regulation Act 2015: general overview and impact – Regulation Compliance - anti-money laundering 6 CPD Hours – Assisted Decision Making (Capacity) Act 2015: an overview – Companies Act 2014: Pitfalls and Practicalities
10 & 11 Wills, Probate & Estates Master Class €850 €750 CPD Hours Per Module: June 10 & 11 June - Module 1: Wills, Trusts, Probate & Estates 10 General (by Group Study) Lectures and workshops providing an update on will drafting, probate and administration dealing with advising the LPR on capacity and other Delegates are required to and issues, non-contentious and contentious applications to the Probate attend both Modules Officer and the Courts when necessary, administering trusts on death either by will or otherwise.
24 & 25 24 & 25 June - Module 2: Taxation Issues June 2016 Building on Module 1 with lectures and workshops on taxation of estates dealing with CAT and other taxes arising including Discretionary Trust Tax and taxation issues (CAT and CGT) on the break up / dissolution of Trusts, wrap-up lecture and Module, incorporating all issues arising.
ONLINE COURSES: To Register for any of our online courses OR for further information email: [email protected]
For full details on all of these events visit webpage www.lawsociety.ie/Lspt or contact a member of the Law Society Professional Training team on p: 01 881 5727 e: [email protected] f: 01 672 4890 *Applicable to Law Society Skillnet members
LSPT Gazette ad April 2016.indd 1 09/03/2016 14:42 LAW SOCIETY law society gazette www.gazette.ie April 2016 BRIEFING 63 PROFESSIONAL TRAINING eurlegal
1994, the Competition Authority sition involving two Greek air- purchaser of the relevant hospi- to significant competition con- reviewed Barlo Group plc/King- lines. In its investigation, the com- tal and that the target could not cerns. In such cases, the parties’ Centre of Excellence for span Group plc. This transaction mission established that Olympic remain a viable competitor on its advisors should first consider Professional Education and Training concerned the proposed sale of Air would have been forced to exit own. whether any entry, countervail- the Veha radiator factory in Wick- the Greek domestic air transport ing buyer power, or efficiencies low Town to Barlo. In its assess- sector due to financial difficulties Broader relevance arguments are relevant. If not, ment, the Competition Authority but for its acquisition by Aegean While the failing firm defence is they should then evaluate wheth- To view our full programme visit www.lawsociety.ie/Lspt noted the acceptance of the failing Airlines. This was despite the fact unlikely to be available to the vast er any suitable structural or be- firm defence in US merger con- that the two parties were each oth- majority of notifications, time will havioural remedies are available. trol decisions since the 1930s. It er’s closest competitors on various tell whether the CCPC’s clearance Potential reliance on a failing DATE EVENT DISCOUNTED FULL FEE CPD HOURS also considered that the target was domestic air routes in Greece. of Baxter/Fannin Compounding firm/division defence will inevi- FEE* facing a likely imminent closure In 2009, the US Federal Trade heralds an increased reliance on tably be a last resort – above all, 12 May The Secret to a Successful Practice: Wellness for Success: €150 €176 5 Management & Professional and that the relevant assets were Commission examined the pro- it. Parties seeking to invoke this since businesses are, understand- Stress, burnout and unprofitable work practices need not hold you back Development Skills by Group Study likely to exit the market in the posed merger of two Texas hos- argument should be buoyed by ably, reluctant to admit they face any longer. This one-day event will change the way you work so you are absence of the proposed sale to pital groups, Scott & White and the Baxter/Fannin decision. That financial difficulty. calmer, more energised and more in control Barlo. Accordingly, the authority King’s Daughters. Under this said, the CCPC will require very 12 May Essential Solicitor Update 2016 Part I €75 1 Regulatory Matters found that the proposed transac- transaction, the owner of a hospi- detailed corroborative evidence to Cormac Little is a partner and head In partnership with Leitrim, Longford, Roscommon, Sligo and Midlands (including financial compliance) & tion would not infringe Irish com- tal in Bell County, Texas, planned support any potential reliance on of the competition and regulation unit Bar Associations Landmark Hotel, Carrick-on-Shannon, Co Leitrim Attendance on Day 1 & 2 - €160 1 General & 2 M & PD Skills by petition rules. to acquire its only competitor in this defence. at William Fry. He led the team ad- – Practice Regulation - Financial Compliance Group Study In its 2013 decision, Aegean/ that county. In clearing the trans- Of course, the failing firm de- vising DCC plc on the merger control – Assisted Decision Making (Capacity) Act 2015 – Criminal Litigation - Bail, custody, advising clients in Garda 4 CPD Hours Olympic II, the European Com- action, the FTC concluded that fence is unlikely to be relevant aspects of the sale of Fannin Com- stations, unconstitutional evidence mission cleared a proposed acqui- there was no viable alternative each time a transaction gives rise pounding.
13 May Essential Solicitor Update 2016 Part II €105 2 Regulatory Matters Landmark Hotel, Carrick-on-Shannon, Co Leitrim (including anti-money laundering – Workplace Relations Act 2015 Hot lunch and networking drinks compliance) & 2 General & – Conveyancing update included in price 2 M & PD Skills by Group Study New framework for transatlantic data flows – – Technology update for the small practice – Legal Services Regulation Act 2015: general overview and impact Attendance on Day 1 & 2 - €160 6 CPD Hours the EU-US Privacy Shield – Probate Practice: drafting, taxation and will trusts – Regulation Compliance - anti-money laundering Following on from the important US that possibilities under US law by the European Commission and national data protection authorities – Legal costs: the current and future regimes CJEU ruling in Case C-362/14, Max- for public authorities to access the US Department of Commerce. and the courts of the EU. It is likely 19 May In-house and Public Sector Committee Panel Discussion €25 2.5 M & PD Skills by Group Study imillian Schrems v Data Protection personal data transferred under National intelligence experts that the framework will come under Challenges and opportunities facing the in-house sector Commissioner (6 October 2015), in the new arrangement will be sub- from the USA and representa- close scrutiny and potentially legal 26 May Energy Law Seminar: EU Energy Union €105 2 General – by Group Study which the Luxembourg court ruled ject to clear conditions, limitations tives from the European data challenge if it is not considered to Ireland’s role in partnership with the EU and International Affairs that the Safe Harbour Agreement and oversights, thereby preventing protection authorities will also provide sufficient protections. And Committee was invalid, the European Commis- generalised access. In addition, be invited to participate in the if it does come before the CJEU in 17 June Essential Solicitor Update 2016 €105 2 Regulatory Matters (including sion and the USA reached a politi- Europeans will have the possibility joint review. Luxembourg again, it will be up Shannon Suite, Strand Hotel, Limerick – in partnership with Clare and anti-money laundering & financial cal agreement on transatlantic data to direct enquiries or complaints to • Effective protection of EU citi- to that court to decide if this new Limerick Bar Associations Hot lunch and networking drinks compliance) & 2 General & 2 M & PD transfers on 2 February 2016. This a new ombudsman (within the US zens’ rights, with several redress framework is merely old wine in – Workplace Relations Act 2015 included in price Skills by Group Study new framework, termed the EU-US Department of State) who will be possibilities. new bottles or something that actu- – Legal Services Regulation Act 2015: general overview and impact – Regulation Compliance - anti-money laundering 6 CPD Hours Privacy Shield, will protect the independent from the national se- ally provides sufficient protection – Assisted Decision Making (Capacity) Act 2015: an overview fundamental rights of Europeans curity services. The first step in the implementation for EU data subjects. – Companies Act 2014: Pitfalls and Practicalities where their data is transferred to The new EU-US Privacy Shield of the Privacy Shield is the draft- the USA and will also create legal will include the following elements: ing of an ‘adequacy decision’ by the Recent developments 10 & 11 Wills, Probate & Estates Master Class €850 €750 CPD Hours Per Module: June 10 & 11 June - Module 1: Wills, Trusts, Probate & Estates 10 General (by Group Study) certainty for businesses. • Strong obligations on US com- European Commission. This ade- On 29 February 2016, the European Lectures and workshops providing an update on will drafting, probate panies handling Europeans’ per- quacy decision must then be vetted Commission issued the legal texts and administration dealing with advising the LPR on capacity and other Delegates are required to Greater protection sonal data and robust enforce- and approved by both the consult- that will put in place the EU-US and issues, non-contentious and contentious applications to the Probate attend both Modules The new arrangement will impose ment. ing committee of the EU member Privacy Shield. These texts include Officer and the Courts when necessary, administering trusts on death either by will or otherwise. stronger obligations on companies • Clear safeguards and transpar- states and the Article 29 Working the principles that companies have in the US to protect the personal ency obligations on US govern- Party. This whole process may take to abide by, as well as written com- 24 & 25 24 & 25 June - Module 2: Taxation Issues data of Europeans and stronger ment access. Under the new ar- another three months to complete. mitments by the US Government (to June 2016 Building on Module 1 with lectures and workshops on taxation of estates monitoring and enforcement by the rangements, the US has ruled out be published in the US Federal Reg- dealing with CAT and other taxes arising including Discretionary Trust US Department of Commerce and indiscriminate mass surveillance Not everyone is convinced ister). On the same date, the Euro- Tax and taxation issues (CAT and CGT) on the break up / dissolution of Trusts, wrap-up lecture and Module, incorporating all issues arising. Federal Trade Commission. There on the personal data transferred Some privacy activists remain un- pean Commission also made public will also be stronger cooperation to the USA. Interestingly, an an- convinced by the Privacy Shield, its draft adequacy decision. ONLINE COURSES: To Register for any of our online courses OR for further information email: [email protected] between the aforementioned enti- nual joint review will be con- as they argue that the ultimate fate ties and the European data protec- ducted to monitor the function- of the shield lies not with the Eu- Dr Mark Hyland is lecturer in law tion authorities. The new frame- ing of the new framework. This ropean Commission or the US De- at Bangor University Law School, For full details on all of these events visit webpage www.lawsociety.ie/Lspt or contact a member of the Law Society Professional Training team on work includes commitments by the joint review will be carried out partment of Commerce, but with the Wales. p: 01 881 5727 e: [email protected] f: 01 672 4890 *Applicable to Law Society Skillnet members
LSPT Gazette ad April 2016.indd 1 09/03/2016 14:42 64 NOTICES law society gazette www.gazette.ie April 2016 professional notices
WILLS RATES Broderick, Roger (deceased), late of Ross na Narna, Lis- carroll, Mallow, Co Cork, professional notice rates and formerly of Rockspring, RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: Liscarroll, Mallow, Co Cork, who died on 20 November • Wills – €147 (incl VAT at 23%) 2015. Would any person hav- • Title deeds – €294 per deed (incl VAT at 23%) ing any knowledge of a will • Employment/miscellaneous – €147 (incl VAT at 23%) made by the above-named deceased please contact Fiona HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €33 EXTRA O’Sullivan, David J O’Meara & Sons, Solicitors, Bank Place, ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE Mallow, Co Cork; tel: 022 MADE PAYABLE TO LAW SOCIETY OF IRELAND. Deadline for May 2016 Gazette: 20 April. 21539, email: fiona.osullivan@ djomeara.ie For further information, contact the Gazette office on tel: 01 672 4828. No recruitment advertisements will be published that include references to years of post-qualification experi- ence (PQE). The Gazette Editorial Board has taken this decision based on legal advice, which indicates that Campbell, Patrick Joseph (de- such references may be in breach of the Employment Equality Acts 1998 and 2004. ceased), late of 56 Elm Mount Park, Dublin 9; 19 Stoneybatter, Dublin 7; and 16 Rosapenna Pa- Hammond, Hammond Good, low, and formerly of Gurteen, & Co, Solicitors, Emmett Street, rade, Belfast, who died on 18 April Solicitors, HG Legal Chambers, Coolgreaney, Co Wexford. Would Ballymote, Co Sligo; tel: 071 918 2001. Would any person having Main Street, Mallow, Co Cork; any person having knowledge of a 9962, fax: 071 918 9970, email: knowledge of the whereabouts of DX 31011; tel: 022 22201, email: will executed by the above-named [email protected] any will made by the above-named [email protected] deceased, who died on 10 Decem- deceased please reply to box no ber 2015, please contact Cooke Lenahan, Brian (deceased), late 01/03/16 Doherty, Martin (deceased), & Kinsella, Solicitors, Wexford of 13 Dollymount Grove, Clon- late of 30 Hampstead Court, Al- Road, Arklow, Co Wicklow; tel: tarf, Dublin 3. Would any person Cunningham, PJ (Patrick Jo- bert College, Dublin 9, who died 0402 32928, fax: 0402 32272; having knowledge of the where- seph) (deceased), late of Cor- on 3 December 2015. Would any email: [email protected] abouts of the original will, dated 2 creigha, Middle Chapel Road, person having knowledge of the May 1977, executed by the above- Cootehill, in the county of Cavan, whereabouts of any will executed Kelly, Patrick (deceased), late of named deceased, who died on 26 who died on 1 February 2016. by the said deceased please contact Carrownacluane, Drumnacool, Co November 1985, please contact Would any person having knowl- Lydon Solicitor, Teeling Street, Sligo, who died on 13 November Anthony T Hanahoe, ME Hana- edge of the whereabouts of any Ballina, Co Mayo; tel: 096 71752, 2015. Would any person having hoe Solicitors, Sunlight Cham- will made or purported to have email: [email protected] knowledge of the whereabouts bers, 21 Parliament Street, Dub- been made by the above-named of any wills made by the above- lin 2; DX 1011; tel: 01 677 2353, deceased, or if any firm is hold- Halpin, Arthur (deceased), late named deceased please contact fax: 01 671 2660, email: info@ ing same, please contact Richard of 35 Fernhill, Arklow, Co Wick- William Henry, William G Henry hanahoe.ie law society gazette www.gazette.ie April 2016 NOTICES 65 professional notices
Ireland, for a term of 800 years tate or any superior interest in the 2) Act 1978: notice of intention Murphy, James (deceased), from 11 June 1873, subject to property situate at Kilmaine, in to acquire a fee simple (sec- late of 63 Willow Park Grove, the yearly rent of £4.7.6 (€5.55) the county of Mayo, comprising tion 4) – an application by John Glasnevin, Dublin. Would (and as to an expired superior in- 40 perches or thereabouts statute Lewis and Miriam Lewis (‘the any solicitor holding or hav- terest lately held under and being measure and more particularly set applicants’) ing knowledge of a will made part of a lease dated 22 February out and annexed to a lease dated Notice to any person having an by the above-named deceased, 1866 from the Reverend Fran- 16 December 1929 and made interest in the freehold interest who died on 22 February 2016, cis Richard Maunsell and Daniel between the Reverend Thomas of the following property: all that please contact Paul Devlin; tel: Maunsell to Frederick Stokes for Ormsby of Milford, Cloghans the premises at the rear at 20 John 087 278 0650, email: pauld@ the term and subject to the rent as in the county of Mayo, clerk in Street, Kilkenny, held under a outlook.ie therein). holy orders, William E Rutt- lease of 20 John Street, Kilkenny, Take notice that Rory O’Ferrall ledge of Hollymount in the said dated 1 November 1922, between and Roy Willoughby, on behalf county, esquire, and the Reverend Edward Healy, John A Healy, O’Donoghue, Margaret Mary of the trustees of the Methodist JC Matthews of Kilmaine in the Kate Kennedy, Maria O’Mahony (orse Margaret) (deceased), late Centenary Church, intend to sub- county of Mayo, clerk in holy or- and Richard Walshe of the one of 11 Peter O’Donovan Crescent, mit an application to the county ders, being the select vestry of the part, and John Francis Lewis of Ballincollig, Co Cork, who died registrar for the county/city of parish of Kilmaine and county of the other part for a term of 99 on 12 April 2015. Would any per- Dublin for the acquisition of the Mayo of the one part, and Martin years, subject to payment of the son having any knowledge of the freehold interest and all interme- Walsh of Kilmaine in the county yearly rent of £32.10.0 per annum whereabouts of any will executed diate interests in the said property, of Mayo, farmer, of the other thereby reserved unto the cov- by the above-named deceased, or and any party asserting that they part, being the subject matter of enants and conditions on the part if any firm is holding same, please hold the freehold interest or any the said lease for term of 99 years of the lessee therein contained. contact Paula Desmond, Irwin intermediate interests in the said from 1 December 1929 at a rent Take notice that Miriam Lewis Kilcullen & Co, Solicitors, 56 property are called upon to fur- of £6 per annum. and John Lewis, being the per- Grand Parade, Cork; tel: 021 427 nish evidence of their title to the Take notice that the applicant sons currently entitled the lessees’ 1361, email: [email protected] said property to the below-named intends submitting an applica- interest in the lease, intend to ap- solicitors within 21 days from the tion to the county registrar of the ply to the county registrar of the TITLE DEEDS date of this notice. county of Mayo for the acquisi- county of Kilkenny for the acqui- In the matter of the Landlord In default of any such notice tion of the freehold interest of sition of the freehold interest and and Tenant Acts 1967-2005 and being received, the said Rory the said property, and any party all intermediate interest in the in the matter of the Landlord O’Ferrall and Roy Willoughby asserting that they hold a supe- aforesaid property, and any party and Tenant (Ground Rents) (No intend to proceed with the appli- rior interest in such property are asserting that they hold a superior 2) Act 1978 and in the mat- cation before the county registrar called upon to furnish evidence of interest in the aforesaid property ter of an application by Rory at the end of 21 days from the date title of same to the below signed is called upon to furnish evidence O’Ferrall and Roy Willoughby of this notice and will apply to the within 21 days from the date of of their entitlement to same to the on behalf of the trustees of the county registrar for the county/ this notice. below named within 21 days from Methodist Centenary Church city of Dublin for such directions In default of any notice as re- the date of this notice. and School, and in the matter as may be appropriate on the basis ferred to the above being received, In default of any such notice of the property known as King- that the person or persons ben- the applicant intends to proceed being received, the said Miriam sland Park Church and School, eficially entitled to any intermedi- with the application before the Lewis and John Lewis intend to Victoria Street, off South Cir- ate interest or interests including county registrar at the expiry of proceed with an application be- cular Road, Dublin 8 the freehold interest in the said the said period of 21 days and will fore the Kilkenny county regis- Any person having any inter- property are unknown or unascer- then apply to the county registrar trar at the end of the 21 days from est in the freehold estate or any tained. of the county of Mayo for such the date of this notice and will intermediate interest in all that Date: 1 April 2016 directions as may be appropriate the hereditaments and premises Signed: Orpen Franks (solicitors for on the basis that the person or known as Kingsland Park Meth- the said Rory O’Ferrall and Roy Wil- persons beneficially entitled to odist Church and School, situate loughby), 28-30 Burlington Road, superior interests including the Is your client at the junction of Victoria Street Dublin 4 freehold in the said premises or interested in selling (formerly Kingsland Park) and St unknown or unascertained. or buying a Kevin’s Road, off South Circular In the matter of the Landlord Date: 2 April 2016 7-day liquor licence? Road, being part of the former and Tenant Acts 1967-2005 Signed: Edward Fitzgerald & Son Portobello Estate, in the parish and in the matter of the Land- (solicitors for the applicant), Main If so, contact Liquor of St Peter and city of Dublin, lord and Tenant (Ground Rents) Street, Ballinrobe, Co Mayo Licence Transfers held under an (unmerged) lease Number 2 Act 1978 and in the dated 11 June 1873 from Fred- matter of the premises at Kil- In the matter of the Landlord Contact erick Stokes to Robert Kerr and maine in the county of Mayo and Tenant Acts 1967-2005 and 0404 42832 others, trustees of the Primitive Take notice that any person hav- in the matter of the Landlord Wesleyan Methodist Society of ing an interest in the freehold es- and Tenant (Ground Rents) (No STAGE IN PARIS 2016 OCTOBER–NOVEMBER 2016
The Paris Bar organises every year an International Candidates must: Stage in Paris and invites a limited number of • Be qualified in Ireland and registered in the lawyers from each jurisdiction to participate. The Law Society. stage is a fantastic opportunity for lawyers to • Have a good knowledge of French. discover and practice French law in the heart of • Be under 40 years old. Paris. • Have insurance cover (for accidents and damages). The stage takes place during the months of October and November and entails: one month Tuition is fully covered by the Paris Bar; attending classes at the l’Ecole de Formation candidates must be willing to cover other du Barreau and one month of work experience expenses (travel, accommodation, meals) in a law firm in Paris. The programme also includes a visit to Brussels to know the European If you are interested, please email Eva Massa Institutions. ([email protected]) with your CV and a letter explaining your interest in the stage (both The Irish participant will be selected by the EU documents in French and English) & International Affairs Committee of the Law Society of Ireland. Deadline for applications: Friday, 13 May 2016.
1The EU & IA Committee will sponsor the participant with €2,000; applications for a grant can be made to the French Embassy in Dublin.
Stage in Paris 2016 Gazette ad April 2016 chosen.indd 1 22/03/2016 14:45 law society gazette www.gazette.ie April 2016 NOTICES 67 professional notices
apply for such directions as may from 1 January 1935, subject to In the matter of the Landlord be appropriate on the basis that the yearly rent of £5. and Tenant Acts 1967-2005 and FREELANCE the person or persons beneficially Please take notice that Paul in the matter of the Landlord LEGAL SECRETARY entitled to the superior interest Brooks, as lessee under the said and Tenant (Ground Rents) (No including the freehold reversion lease, intends to submit an appli- 2) 1978: notice of intention to AVAILABLE in the aforesaid premises are un- cation to the county registrar for acquire fee simple (section 4) – with excellent word known and unascertained. the county of Dublin for acquisi- an application by Sean O’Neill processing skills and digital Date: 1 April 2016 tion of the freehold interest and (‘the applicant’) transcription. Signed: WA Smithwick & Son (so- all intermediate interests in the Notice to any person having an Also experienced in licitors for the applicants), 43 Parlia- aforesaid property, and any party interest in the freehold interest probate, conveyancing ment Street, Kilkenny asserting that they hold a superior of the following property: all that and litigation. interest in the aforesaid property and those the property known Contact Ann Rooney In the matter of the Landlord is called upon to furnish evidence as no 10 Old Golf Links Road, on 086 325 2136 and Tenant Acts 1967-2005 and of title to the aforementioned Newpark, Kilkenny, held under a in the matter of the Landlord premises to the below named lease made on 16 April 1915 be- and Tenant (Ground Rents) (No within 21 days from the date of tween Henry McCreery and John title to same to the below named 2) Act 1978 and in the matter of this notice. Murphy for a term of 99 years within 21 days from the date of 58A Homefarm Road, Drum- In default of any such notice from 29 September 1914, subject this notice. condra, Dublin 9: an applica- being received, Paul Brooks in- to the payment of the yearly rent In default of any such notice tion by Paul Brooks tends to proceed with the applica- of £7 sterling, thereby reserved being received, the said Sean Take notice that any person hav- tion before the county registrar at unto the covenants and conditions O’Neill intends to proceed with ing any interest in the freehold the end of 21 days from the date on the part of the lessee therein an application before the Kilken- estate or any intermediate in- of this notice and will apply to the contained. ny county registrar at the end of terest in all that and those 58A county registrar for the county of Take notice that Sean O’Neill, 21 days from the date of this no- Homefarm Road, Drumcondra, Dublin for directions as may be being the person currently en- tice and will apply for such direc- Dublin 9, being currently held by appropriate on the basis that the titled to the lessee’s interest in tions as may be appropriate on the Paul Brooks under indenture of person or persons beneficially the lease, intends to apply to the basis that the persons beneficially lease dated 31 August 1935 and entitled to the superior interest, county registrar of the county of entitled to the superior interests made between Grace O’Dowd, including the freehold reversion, Kilkenny for the acquisition of including the freehold reversion Frances Butterly, Eileen Joyce, in the property are unknown or the freehold interest and all inter- in the aforesaid premises are un- STAGE IN PARIS 2016 Emily Hickey, Nora Farley and unascertained. mediate interests in the aforesaid known and unascertained. Finola Hammond of the first part, Date: 1 April 2016. property, and any party asserting Date: 1 April 2016 Thomas Coghlan of the second Signed: O’Callaghan Kelly (solici- that they hold a superior interest Signed: WA Smithwick & Son (so- OCTOBER–NOVEMBER 2016 part, and Rose Jordan of the third tors for the applicant), 51 Mulgrave in the aforesaid property is called licitors for the applicant), 43 Parlia- part, for the term of 150 years Street, Dun Laoghaire, Co Dublin upon to furnish evidence of their ment Street, Kilkenny
The Paris Bar organises every year an International Candidates must: Stage in Paris and invites a limited number of • Be qualified in Ireland and registered in the lawyers from each jurisdiction to participate. The Law Society. n Experienced Medico Legal Services stage is a fantastic opportunity for lawyers to • Have a good knowledge of French. discover and practice French law in the heart of • Be under 40 years old. Company Paris. • Have insurance cover (for accidents and damages). n Largest panel of medical experts in Ireland The stage takes place during the months of October and November and entails: one month Tuition is fully covered by the Paris Bar; n attending classes at the l’Ecole de Formation candidates must be willing to cover other MedLaw Ireland collates and manages all du Barreau and one month of work experience expenses (travel, accommodation, meals) medical notes which guarantees a prompt in a law firm in Paris. The programme also includes a visit to Brussels to know the European If you are interested, please email Eva Massa service Institutions. ([email protected]) with your CV and a letter explaining your interest in the stage (both For immediate assistance with Medico Legal Reports, contact us The Irish participant will be selected by the EU documents in French and English) & International Affairs Committee of the Law Tel: +353 1 2135621, email: [email protected] Society of Ireland. Deadline for applications: Friday, 13 May 2016. www.medlaw.ie 1The EU & IA Committee will sponsor the participant with €2,000; applications for a grant can be made to the French Embassy in Dublin.
Stage in Paris 2016 Gazette ad April 2016 chosen.indd 1 22/03/2016 14:45 68 FINAL VERDICT law society gazette www.gazette.ie April 2016 cogito ergo doleo Self-driving car crashes A self-driving Google car has learned a lesson straight out of the Conor McGregor school of mixed martial arts – don’t mess with the big guy! The car tangled with a public bus and came off worst, The Guardian reports. Surprisingly, video footage shows that the Google car seems to have been at fault. The collision happened on 14 February 2016, when the Google vehicle struck the side of the bus in the Silicon Valley city of Mountain View. Footage recorded by cameras on the bus shows a Lexus SUV edging Where eagles dare, the Met may follow into the path of the bus that Scotland Yard may start using Police have warned that they A spokesman for the US was rolling by at about 15mph. eagles (yep – real eagles) to can be used to case homes for conservation organisation, the Google’s cars have been hit take down drones, according burglary, and there have been National Audubon Society, nearly a dozen times since to The Guardian. Metropolitan reports of drones found in the said that eagles were capable road testing began in spring commissioner Bernard Hogan- grounds of prisons with drugs of avoiding the drones’ rotors: 2014, with Google blaming Howe has been impressed by attached. “They seem to be whacking other drivers. In a first, Google a Dutch programme that has According to Guard From the drone right in the centre so has accepted at least partial trained the birds to hunt and Above, the Hague-based firm they don’t get hit – they have responsibility for this crash, in bring down drones. There are that trains the birds of prey, the incredible visual acuity and they which no one was hurt. concerns that the use of drones to approach is “a low-tech solution can probably actually see the commit crime is on the increase. for a high-tech problem”. rotors.”
‘Dead’ wife spotted on TV Comes with a butler A Moroccan man who believed Recently, however, friends in a cell at Grimsby police station. his wife was dead found out watching a show that sets out To raise his spirits, he took some she was in fact still alive, after to reunite ‘lost’ families heard a photos and wrote a TripAdvisor-style she was spotted on a television woman they were sure was Mrs review, which was shared thousands programme, The Independent Mohamed appealing to find her of times on Facebook. reports. Abragh Mohamed husband. She called in to TV “The staff are pleasant enough,” thought his spouse had died programme Al Mokhtafoun (‘The he wrote. “Had my own en suite in a car crash two years ago. Disappeared’) and gave his name room and butler ... who would come She had been taken to the Ibn and address, saying they had “lost with tea and newspapers.” Rochd hospital in Casablanca, touch” two years ago. It sparked He was not such a fan of the where doctors said she would a social media furore, as it was “all-day breakfast” of beans and probably not survive. revealed that Mr Mohamed had, sausage with gravy. “It’s missing Mr Mohamed travelled four in fact, buried a different woman a few items, such as bacon, hash hours to his home in a small at the funeral. brown, toast, egg, etc.” mountain village and back to “I did not know it was a “Ideal place for winding down after He later commented that he the hospital, but was told on different body that we buried a hard day. I’d definitely come had received “hardly any negative his return that she had died. and my wife was still alive,” back.” A four-star review of a feedback whatsoever” – however, he “I had to receive her body, Mr Mohamed said. The “minimalistic” room with en suite acknowledged that the police were apparently wrapped in a shroud exact circumstances of what “and butler” went viral when it taking it more seriously. “There and already inside a coffin,” Mr happened following the crash became apparent that the room in is going to be an independent Mohamed said. The body was are as yet unknown. Medical or question was an English jail cell, investigation as to how it happened buried in their hometown in administrative incompetence have reports ABC, Australia. ... I don’t think they see 2014. been blamed for the error. Christian Willoughby was placed the humour in it,” he said. ROBERT WALTERS SPECIALIST LEGAL RECRUITMENT
The Robert Walters legal division in Dublin recruits temporary, contract and permanent roles within private practice, fi nancial services and commerce & industry.
Our legal team has considerable experience working in a very small market where confidentiality is key. Working on a non-commission basis, we take the time to meet with you to understand exactly the kind of role you are looking for. We appreciate that finding the right position can take some time and we look to partner with you throughout that process, from keeping you informed of potential opportunities and assisting with interview preparation through to managing the offer process.
Many of our previous candidates are now our clients, as we strive to build long-term relationships based on honest feedback at all times. Working with you, we will give you all the information you need to ensure that when you take the step of transitioning from your current role, you will move to the exact position you seek.
Should you be considering a move either in-house, or to private practice, please email Claire Dunwoody at [email protected] or Laura Tierney at [email protected] or alternatively call 00353 1 633 4111. www.robertwalters.ie AUSTRALASIA ASIA AFRICA EUROPE AMERICAS LONDON DUBLIN • LONDON
We work closely with our Irish clients and are recruiting for positions in the following practice areas: DUBLIN Our Magic Circle, U.S and International law • Banking & Finance • Employment firm clients are seeking ambitious Irish solicitors • Corporate & Funds • Banking & Asset Finance for opportunities within their London offices. • Litigation & Dispute Resolution • Corporate & Funds We are currently recruiting for roles within most • Tax • Commercial Litigation practice areas including: • Pensions
OUR GLOBAL CLIENT BASE ENABLES US TO SOURCE OUTSTANDING LEGAL OPPORTUNITIES FOR IRISH SOLICITORS. WE ARE RECRUITING FOR ASSOCIATE ROLES IN THE FOLLOWING JURISDICTIONS: CAYMAN/BVI•DUBAI•HONG KONG•JERSEY ROGERS’ bespoke, attentive and professional careers service enables Irish solicitors to maximise their market potential. Whether actively seeking a new position or not, we are always happy to offer advice to you. Contact Greg Rogers LL.B, Solicitor on +353 (1) 2091917 or by email to [email protected] www.rogers-recruitment.com
Rogers Law - Gazette Advert (March2016).indd 7 23/03/2016 12:36
POSITION AVAILABLE Want to place your recruitment advertisement here?
Contact Seán Ó hÓisín Tel: 01 8375018 Mobile: 086 8117116
Email: [email protected] LONDON DUBLIN • LONDON
We work closely with our Irish clients and are recruiting for positions in the following practice areas: DUBLIN Our Magic Circle, U.S and International law • Banking & Finance • Employment firm clients are seeking ambitious Irish solicitors • Corporate & Funds • Banking & Asset Finance for opportunities within their London offices. • Litigation & Dispute Resolution • Corporate & Funds We are currently recruiting for roles within most • Tax • Commercial Litigation practice areas including: • Pensions
OUR GLOBAL CLIENT BASE ENABLES US TO SOURCE OUTSTANDING LEGAL OPPORTUNITIES FOR IRISH SOLICITORS. WE ARE RECRUITING FOR ASSOCIATE ROLES IN THE FOLLOWING JURISDICTIONS: CAYMAN/BVI•DUBAI•HONG KONG•JERSEY ROGERS’ bespoke, attentive and professional careers service enables Irish solicitors to maximise their In-House Funds Lawyer market potential. Whether actively seeking a new position or not, we are always happy to offer advice to you. Contact Greg Rogers LL.B, Solicitor on +353 (1) 2091917 or by email to [email protected] u Competitive package and benefits www.rogers-recruitment.com u Excellent work/life balance u Growing company
Rogers Law - Gazette Advert (March2016).indd 7 23/03/2016 12:36 This high performing funds/investment house is seeking to recruit a mid-level funds lawyer to join its in-house legal team. With substantial funds under management, the role has arisen due to the company’s successful expansion. The successful candidate will work closely with the business, advising on new and existing funds/managed investments and their documentation, marketing as well as relevant regulatory legislation. The successful candidate will have a number of years’ experience gained from a major funds firm and/or financial institution. You will have strong communication and stakeholder management skills and now wish to carve out your career in-house within this exciting and progressive company.
Please contact Sharon Swan for a confidential discussion quoting Ref 2054.
Investment Funds, New York u Junior/Mid-level, $180k+ Public Law/Regulatory Litigation, Dublin u Junior/Mid-level Our client is a top-ranked US finance firm with operations across all major A leading firm is seeking to recruit candidates with experience in administrative financial centres. The firm provides a comprehensive service to some of the and regulatory law. Solicitors and barristers with experience advising Parliament- largest participants in the global funds industry. Opportunities exist for Irish ary inquiries are of interest to our client. You will be joining a team renowned qualified fund lawyers to join the firm’s New York office. Relocation package for its enviable regulatory practice. This firm promotes work/life balance while on offer. Ref 2050 providing excellent career prospects for the right individual. Ref 2030
Commercial Litigation, Dublin u Junior/Mid-level Associate Commercial Property, Dublin u Partner This firm really stands out from the crowd and has one of the best staff This commercial property practice is busy and growing. An opportunity exists retention rates around. The firm is seeking a litigator who wishes to get for a partner to join the team. You will inherit an enviable list of clients while involved in exciting and challenging work. The ideal solicitor for this role managing/mentoring a team of established employees. Partners who enjoy will have a passion for litigation and will join a firm that can provide business development and networking are encouraged to apply, as you will be real career opportunities. Excellent terms on offer with this role. Ref 2043 expected to build upon the existing business over time. Ref 2051
Commercial Property Lawyers, Dublin u Mid-level Associate Corporate, Dublin u Equity Our client is seeking property lawyers for various opportunities. You will be Very impressive full-service firm has an opening for an additional partner to expected to manage an existing caseload incorporating: sales and purchases; join its award winning corporate group. The firm has an excellent reputation transfer of equity; development work; landlord and tenant disputes; and lease across all practice groups; advising clients from high-net-worth-owner manager extensions. Opportunity to work three or four days per week on offer or work- businesses through to multi-jurisdictional listed companies on matters from-home option will be considered. Ref 2047 including M&A, private equity and capital markets. Ref 2048
Contact Sharon Swan for a confidential discussion on 01 685 4017 or e-mail [email protected]. www.mantrasearch.ie Mantra International Search 38/39 Fitzwilliam Square Dublin 2
aw a ette 1603.indd 15 03 016 11 7 30 IN TUNE
CORPORATE ASSOCIATE The corporate department of one of Ireland’s Big 6 law Over the last 12 months, we have acted successfully firms seeks to recruit an ambitious associate to its high for 6 of the 7 largest law firms in Ireland. We also profile team. The firm has acted on the majority of the work with the leading mid-tier, international and headline domestic and global transactions in Ireland over boutique law firms in Dublin and Cork. If you are an the last five years and enjoys an unrivalled position in the ambitious lawyer considering a move to another Dublin market. In joining the team, you will advise a broad firm, we are in an excellent position to advise you range of blue chip clients on big-ticket public and private on your options and guide you into the perfect role. M&A in addition to providing high level strategic advice. Suitable candidates will have gained a minimum of 2 For an exploratory conversation in strict confidence on years’ corporate M&A experience with a Big 6, mid-tier or these or other non-advertised opportunities, please submit international firm in Dublin or with a City of London firm. your CV to [email protected] or contact me Basic salary and bonus will be at the upper end of the Irish by phone on +353 1 632 1852. market.
FUNDS ASSOCIATE The funds department of this leading Big 6 Irish law firm seeks to appoint a talented associate to its reputable team. The firm has successfully grown its share of the funds market in Ireland over the last five years and advises major institutional clients across the spectrum of UCITs and alternative products. In addition to advising on a broad range of fund structures, the successful candidate will also be exposed to high level client activity and marketing initiatives. Suitable candidates will have gained a minimum of 2 years’ Irish funds experience with a Big 6, mid-tier or international firm in Dublin. A robust and compelling financial package will be on offer for the successful appointee into the role.
DUBLIN | CORK | GALWAY | www.hrmrecruit.com
HRM_LSG_03_16.indd 1 23/03/2016 15:06 www.benasso.com
www.benasso.com www.benasso.com Recognising talent’s one thing... finding the truly successful Recognising talent’s one thing... Recognisingfit is another talent’s one thing... finding the truly successful finding the truly successful fit is another fitTalk is toanother the Irish Legal Recruitment Specialists
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You will deal mainly with high net worth individuals, providing advice on matters. You will have excellent communication and interpersonal skills as well patentretailers,For disputes moredesigners, informationand domainpublishers name on of thesedisputes.books, and Clientsmagazines other include vacancies,and manufacturers, newspapers, please visittax planning, trusts administration as well as standard wills and probate as a proven track record of business development. Highly competitive salary retailers,advertisingour websitedesigners, agencies or and publisherscontact website Michaelowners.of books, The Benson magazinessuccessful bcl candidateand solr. newspapers, in will strict have matters. You will have excellent communication and interpersonal skills as well previous exposure to IP and general commercial work from a recognised and benefits package. advertisingconfidence agencies at: and Benson website &owners. Associates, The successful Suite candidate 113, will have as a proven track record of business development. Highly competitive salary previouspractice togetherexposure with to soundIP and academics. general commercial work from a recognised and benefits package. practiceThe together Capel withBuilding, sound academics. St. Mary’s Abbey, Dublin 7. T +353 (0) 1 670 3997 E [email protected] Legal Recruitment Specialists Forwww.benasso.com more information on these and other vacancies, please visit Forour morewebsite information or contact on Michael these andBenson other bcl vacancies, solr. in strict please visit ourconfidence website at: or Bensoncontact &Michael Associates, Benson Suite bcl 113,solr. in strict confidenceThe 2503Capel Publication:Building, at: Benson St. Law & Mary’s Associates, Society Abbey, Gazette Suite Dublin Inside 113, 7. Back Page Insertion date: November 08 Size: Full Page Colour Draft 6 TheT +353 Capel (0) Building, 1 670 3997 St. Mary’s E [email protected] Abbey, Dublin 7. Legal Recruitment Specialists T +353 (0) 1 670 3997 E [email protected] Legal Recruitment Specialists
2503 Publication: Law Society Gazette Inside Back Page Insertion date: November 08 Size: Full Page Colour Draft 6 2503 Publication: Law Society Gazette Inside Back Page Insertion date: November 08 Size: Full Page Colour Draft 6