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Bar Review July The BarJournal of the Bar of ReviewIreland .Volume 11 . Issue 6 .December 2006 • The Law of Judgment Mortgages • Expecting Too Much of Legitimate Expectation • Recent developments in EU Asylum law BarThe Review Volume 11,Issue 6, December 2006, ISSN 1339 - 3426 Contents 182 News 183 Bar Council Legislation Committee Paul O’Higgins SC Editorial Correspondence to: 184 Expecting Too Much of Legitimate Expectation? Eilis Brennan BL, Niall F Buckley BL and James McDermott BL The Editor, Bar Review, 189 The Law and Practice of Judgment Mortgages Law Library, Neil Maddox BL Four Courts, Dublin 7 DX 813154 193 Legal Update: Telephone: 353-1-817 5505 Fax: 353-1-872 0455 A Guide to Legal Developments from e-mail: [email protected] 16th October, 2006 to 15th November, 2006. Editor: Eilis Brennan BL 206 Ignorantia Juris Neminem Excusat – Editorial Board: Time for the State to Get its Act[s] Together? Paul Gallagher SC (Chairman, Editorial Board) Dr Brian Hunt BL Gerry Durcan SC 209 Defrenne to Cadman. Female Employees and Length of Service Mary O’Toole SC Patrick Dillon Malone BL Brian Byrne BL Conor Dignam BL 212 Asylum procedures: Recent developments in EU law Adele Murphy BL Brian Kennedy BL Siobhan Mullally Vincent Browne BL Mark O’Connell BL Paul A. McDermott BL Tom O’Malley BL Patrick Leonard BL Paul McCarthy BL Des Mulhere The Bar Review is published by Thomson Round Hall in association with The Bar Council of Ireland. Jeanne McDonagh For all subscription queries contact: Jerry Carroll Thomson Round Hall Consultant Editors 43 Fitzwilliam Place, Dublin 2 Dermot Gleeson SC Telephone: + 353 1 662 5301 Fax: + 353 1 662 5302 Patrick MacEntee SC Email: [email protected] web: www.roundhall.ie Thomas McCann SC Subscriptions: January 2006 to December 2006 - 6 issues Eoghan Fitzsimons SC Annual Subscription: E195.00 Donal O’Donnell SC E Annual Subscription + Bound Volume Service 300.00 Pat Hanratty SC For all advertising queries contact: James O’Reilly SC Tom Clark, Direct line: 44 20 7393 7835 E-Mail: [email protected] Gerard Hogan SC Directories Unit. Sweet & Maxwell Telephone: + 44 20 7393 7000 The Bar Review December 2006 Design: the Design Room T: 497 9022 Cover Illustration: Brian Gallagher T: 497 3389 E: [email protected] W: www.bdgart.com December 2006 - Page 181 NEWS Thomson Round Hall Criminal Law Conference 2006 Pension Lawyers Essay Competition The Association of Pension Lawyers in Ireland is holding its 3rd annual essay competition. The essay title is "Trust Law and Pensions - Is it time for a change?" First prize is e3,000 with a second prize of e1,000. The competition is open to all students of law, and to solicitors and barristers up to 2 years qualified. The closing date for entry is 28th February, 2007. Entries should be sent to Peter Fahy, Association of Pension Lawyers in Ireland, c/o O'Donnell Sweeney Solicitors, One Earlsfort Centre, Earlsfort Terrace, Dublin 2. The rules of the competition and guidance on the possible direction an essay might take are available from the same address. L-R: Pictured at the Thomson Round Hall Criminal Law Conference 2006 were Catherine Dolan, Commercial Manager at Thomson Round Hall; Mr James Hamilton, the DPP; An Tanaiste and Minister for Justice, Equality and Law Reform Michael McDowell TD; and The Hon. Mr Justice Nicholas Kearns of The Supreme Court. IRISH FINANCIAL SERVICES REGULATORY AUTHORITY Panel of Assessors - Expressions of Interest Sought Pursuant to Regulation 35(1) of the Market Abuse (Directive 2003/6/EC) Expressions of interest from persons residing outside Ireland are welcome, on Regulations, 2005 and Regulation 93(1) of the Prospectus (Directive the basis that the candidate would be available to travel to Ireland to conduct 2003/71/EC) Regulations, 2005, the Irish Financial Services Regulatory assessments. Authority (‘the Financial Regulator’) may decide to appoint an assessor(s) to conduct an assessment as to whether a person has committed a breach of the Any potential conflicts of interest should be highlighted. relevant Regulations and if so, the sanction(s) the assessor considers appropriate. Remuneration will consist of an annual retainer with an additional daily rate. The precise terms will be set out on appointment. The appointment of assessors may also occur in relation to Transparency Regulations pursuant to the Transparency Directive 2004/109/EC. Expressions of interest enclosing a comprehensive curriculum vitae, should be addressed to: The Financial Regulator is inviting expressions of interest from persons who could be subsequently invited to apply for inclusion on a panel (or panels) from The Head of Markets Supervision Department which assessors would be appointed. Irish Financial Services Regulatory Authority PO Box No 9138 It is likely that assessors will have significant prior experience of tribunals, College Green arbitration or court procedures. Knowledge of the securities market and/or the Dublin 2 Irish constitutional and administrative law framework would be a distinct Ireland advantage. You are asked to highlight any prior experience of these types. The closing date for receipt of expressions of interest is 12 January 2007. The Financial Regulator is a component part of the Central Bank and Financial Services Authority of Ireland. The Central Bank and Financial Services Authority of Ireland is an equal opportunities employer. This advertisement can also be viewed on the website www.financialregulator.ie December 2006 - Page 182 BarReview Bar Council Legislation Committee Paul O’Higgins SC When I was called to the Bar in 1977, it was a very different place to the Bar reflect significant legal controversy leading to their enactment. Very often, we know today. It was exclusively located in the Law Library. The library in legislation will reflect trends which have been perceived as important long question encompassed only the main ground floor of the Law Library and the before the legislation itself. Frequently, the area in which legislation takes place balcony immediately above it. There were 300 barristers approximately and it will have been considered in reports by the Law Reform Commission or other was clear that the profession was in danger of an overwhelming invasion bodies (though not necessarily reflecting their views). because an unprecedented 25 barristers or so had decided to begin practice that October. The legal diary occupied approximately half of one side of the What is sought is not a substitute explanatory memorandum, since this is page. Much of that was related to future cases. available officially in any event. The commentary can focus on a section or subsection of legislation as validly as on an act as a whole. What is aimed for The High Court was bulging and a slightly controversial ten member strong. is an insight that is interesting to the layman, but makes a contribution to the This was two up on 1976, appointments having been made to statutory extra analysis or consideration of the legislation in question, which represents added places in the dying days of the 1973 to 1977 coalition Government. value by virtue of the legal expertise which the author can bring to it. Immensely learned and helpful as he was, my master had three devils so that The project has been slow to get off the ground, having taken its first tentative continuous occupation with his business was not likely and there was a grave steps last legal year. This year, it will be put on a more systematic basis. While danger that in my first few years, the time honoured process of learning by it is hoped that the contributions sought will not be bland, it is not intended observation would teach me more about the etiquette of drinking of coffee that they should reflect a party political bias one way or another. They are than about winning cases. The coffee itself was more likely to be bought for, designed primarily to consider the legal merits, or difficulties associated with than by me, and the degree of its general congealment raised the question the legislation concerned. whether it should be properly sold by the slice or the cup. Shortage of money for nicotine could in part be met by spending ten minutes in the upstairs or Upsides downstairs coffee room where the permanent cloud of thick smoke enforced something closer to active than passive smoking on the average customer. (The For the member interested in participating, the benefits are significant. In the Law Library itself was, of course, despite its high ceiling, filled with a significant first place, although the commentaries on the website are not attributed to haze at almost all times) particular members, they obviously achieve significant recognition from professional colleagues who have free access to details of authorship. In ? After a hard day hoping for work and sitting in court watching and hopefully addition, the sum of 500.00 and in exceptional circumstances, more than learning from those who had it, the 35p price of a pint still represented a that is paid for the commentary. Carrying out the exercise also attracts CPD formidable barrier to temptation. While both useful and satisfying, the staple points. It is also envisaged that at the end of the year, a lunch/dinner will be diet of FLAC cases, in the absence of a civil legal aid system, while it might have held to bore or entertain those who have contributed, depending on the enriched the sprit, did nothing to enrich the pocket. contributors’ attitude to such functions. Contributions, with or without adaption have subsequently made their way to the Bar Review. At that time I would have certainly welcomed the opportunity to use my time, increase my skills, make my presence in the library known and make some Downsides? money as well, all opportunities which are presented by the Bar Council The only obvious downside is that in rare circumstances, a particular intended Legislation Committee.
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