Away in a Hack 52 the Walls Came Tumbling Down the Dangers Posed by Advances in Cybercrime Are Growing

ISSN 1393−6956 ga

04 MAGAZINE OF THE YEAR

9 771393 695029 lifetime oflawyers throughout the Legal education Coming ofage dangers of cybercrime LAW SOCIETY AWAY IN A Dealing with the Dealing withthe

HACK the FourCourtsin1922 Solicitors’ Buildingsand The destructionofthe Tumbling down ette of smallerpractices services address theneeds Law Societysupport Small isbeautiful €4.00 APRIL2019

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*US News – Best Lawyers Law Society Gazette | gazette.ie PRESIDENT’S MESSAGE April 2019 1

TEMPUS FUGIT

t’s amazing how time flies – this is my third to the stressful nature of the work, the stressful ‘Presidents Message’, and we are nearly situations in which lawyers find themselves, and halfway through the presidential year. This a variety of other pressures, whether in large profound thought leads me back to the firms or small. We need to look after ourselves, Market Study of Sole Practitioners and Smaller and our colleagues, better (see p21). Legal Practices in Ireland, which you may recall was approved by the Council recently and Ireland’s international role sent to all firms of five solicitors and under. The whole Brexit debacle is a cause for concern IIOne of the conclusions relates to the need to to many solicitors and their clients, to a greater plan for the eventual exit from practice, including or lesser degree. It is a fact that, after Brexit, making pension provision. This is something that Ireland, Malta and Cyprus will be the only took a back seat during the recession, but no one English-speaking, common law countries in the would be naïve enough to assume that any State EU. This gives impetus to a Government-led pension in the future will be adequate, and we plan to try to establish Ireland as a venue for should all look to provision for old age, almost international litigation and dispute resolution from the moment of qualification. – and, indeed, to have Irish law increasingly It is the intention of the Council that the report included in international contracts. will not gather dust. As a result, the Law Society This project was launched officially in the has begun to implement a range of supports and Irish Embassy in Washington recently, where tools for sole practitioners and smaller practices the chief justice, the attorney general, the chair (see p28). Don’t forget that you can access the of the Bar Council and I were speakers, together report at www.lawsociety.ie. with representatives of the IDA (see p15). PIAB practitioners need to be alert to a We are confident that this is an initiative we number of recent developments. Changes to the can grow, and which may well have significant Civil Liability and Courts Act 2004 and the PIAB positive consequences, both for the profession Act 2003 came into effect on 28 January and and Ireland Inc. 3 April 2019 respectively. The most significant Ken Murphy and I continue our tour of development is that the section 8 (of the 2004 act) requirement to provide a letter, before action, has been reduced to just one month, unless reasonable cause can be shown. In addition, rules in respect of affidavits of verification, WE WANT TO SEND OUT A CLEAR cooperation with PIAB during the assessment MESSAGE THAT ‘IT’S OKAY NOT TO BE process, and the Statute of Limitations have been introduced (see p32). OKAY’ AND THAT MENTAL-HEALTH

Wellbeing ISSUES NEED TO BE PROPERLY The whole area of wellbeing and mental health IDENTIFIED AND TREATED is receiving increasing scrutiny. The Council recently heard a presentation by Psychology at Work, outlining their research and evaluation of the mental health supports provided by the Law Society to its members. the country. It’s great to meet colleagues at the An implementation plan has been initiated various bar association meetings and clusters, by the Society, sending out a clear message that to brief these meetings, and hear about the ‘it’s okay not to be okay’ and that mental-health concerns of colleagues. I look forward to issues are like any other health issues – they meeting many more of you throughout the need to be properly identified and treated. The course of the year. As ever, if you have any legal profession, internationally, is recognised as queries, comments or issues, I can be PATRICK DORGAN, having a high level of mental-health issues due contacted at [email protected]. PRESIDENT 2 April 2019 CONTENTS Law Society Gazette | gazette.ie

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LAW SOCIETY GAZETTE • Vol 113 No 3 Volume 113, Coming of age Tumbling down Small is beautiful Legal education The destruction of the Law Society support throughout the Solicitors’ Buildings and services to address the lifetime of lawyers the Four Courts in 1922 needs of smaller practices number 3

LAW SOCIETY €4.00 APRIL 2019 ga ette 28 56

APRIL 2019

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9 771393 695029 fax: 01 672 4801 ISSN 1393−6956 dangers of cybercrime email: [email protected]

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No material from the Gazette may be published or used without the permission of the copyright holder. The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting, or refraining from acting, as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter.

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The Law Society Gazette is a full participating member of the Press Council of Ireland and supports the Office of the Press Ombudsman. This scheme, in addition to defending the freedom of the press, offers readers a quick, fair and free method of dealing with complaints about Gazette articles. To contact the Office of 52 the Press Ombudsman, visit: www.pressombudsman.ie or www.presscouncil.ie Law Society Gazette | gazette.ie CONTENTS April 2019 3

34 44 62

FEATURES

38 Away in a hack 52 The walls came tumbling down The dangers posed by advances in cybercrime are growing. The Four Courts are regarded as the home of the Irish Diane Reidy considers the recently enacted Criminal Justice legal system. Their destruction on 30 June 1922 was (Offences Relating to Information Systems) Act 2017 ‘unexpected’ and described at the time as a deplorable disaster. John Garahy surveys the fallout

44 Castaway If your holiday turns sour, the liability of package-holiday 56 Rock of stages providers can become a legal quagmire. Stephen Healy A solicitor’s working life inevitably evolves through slaps on the sunscreen various stages. David Cowan dusts off the evidence for some anthropological analysis

48 Let battle commence The right of a company to be represented by someone other than a lawyer was considered by the Supreme Court in October 2018. Emma Slattery lets slip the dogs of war

REGULARS

4 The big picture Standout photo of the month 60 Books The Taxation of Capital Gains: Finance Act 2018 and Building an Outstanding Legal Team – Battle-tested Strategies 6 People from a General Counsel

14 News 62 Briefing 62 Eurlegal: Unlocking e-commerce via the 28 Analysis Geoblocking Regulation 28 News in depth: Law Society to develop supports 66 SBA accounts 28 for smaller practices 67 Regulation 32 News in depth: Implicit dangers in the legislative 28 changes that affect PI litigation 68 Professional notices Final verdict 34 Comment 72 34 Viewpoint: Is it time to change how candidates are ordered on the ballot paper? 37 Letters 4 April 2019 ??????????IN FOCUS | ?????????? Law Society Gazette | gazette.ie

THE BIG PICTURE PIC: EPA-EFE/NEIL HALL Law Society Gazette | gazette.ie ??????????IN FOCUS | ?????????? April 2019 5

BREAK FOR THE BORDER The changes in road markings on the A13 Road near Derry reveal subtle – and not so subtle – differences between the Republic of Ireland (left) and Northern Ireland. The mechanism known as the ‘backstop’, has been one of the main sticking points that has tied up the Brit- ish Parliament in knots. It is seeking to negotiate a path towards Brexit, but must uphold the legally binding Good Friday Agreement 6 April 2019 PEOPLE Law Society Gazette | gazette.ie

MIDLANDS MINES LOCAL TALENT PIC: PAULA NOLAN PHOTOGRAPHY

The Midland Bar Association held a very successful CPD event, followed by its AGM, at the Tullamore Court Hotel on 6 February. The new committee, elected for a two-year term, comprises Dermot Scanlon (chair), Mary Clear (secretary) and Patrick Fox (treasurer). The CPD event dealt with the anti-money-laundering landscape, Solicitors Accounts Regulations and disciplinary matters and procedures, including inspections from the Law Society. Accountants Michael Casey and Michael Kinsella (BCA Chartered Accountants, Tullamore) and colleague Sean Sexton made the presentations. (Front, l to r): Michael Byrne, Caren Farrell, Claire Hickey, Gill Allen, Denise Biggins (outgoing secretary), Brian Mahon, Dermot Scanlon (president), Patrick Dorgan (Law Society president), Anne Marie Kelleher (outgoing president), Ken Murphy (director general), Mary Clear (secretary), Jane Farrell, Verona Smyth, Rita Tynan and Emeria Flood; (middle, l to r): Marc Bairead (outgoing treasurer), Joseph Brophy, Tom O’Donovan, Seamus Tunney, Brian O’Brien, Martin Reidy, Corona Grennan, Brian O’Meara (outgoing assistant secretary), Dermot Murphy, James Fox, Mary Ward, John Wallace, Bernadette McArdle, Michelle Mellotte, Emma Egan and Aisling Penrose; (back, l to r): Mark Scanlon, Niall Moran, Kevin McGee, Patrick Martin, Matt Shaw, Patrick Fox (treasurer), Marcus Farrell, John Reedy and Tom Farrell DIET OF WURZBURG

The Wicklow Bar Association recently visited Wurzburg in Bavaria, Germany, and attended its district and regional courts, accompanied by Winter Staatsanwaltin (state attorney of Wurzburg). The group also attended a reception at the city hall and council chambers and enjoyed a tour of the School of Law at the University of Wurzburg, given by Professor Eric Hilgendorf. Members of the association on the visit included Gerarda Benville, Rory Benville, Augustus Cullen, Emer Cullen, Jennifer Haughton, Aine Hogan, Tom Honan, Pauric Hyland, Richard Joyce, Karl Karney, Fergus Kinsella, Cathal Louth, Michael O’Neill, Donal O’Sullivan, Damian Sheridan, Heather Sheridan, Andrew Tarrant, David Tarrant and Declan Whittle Law Society Gazette | gazette.ie PEOPLE April 2019 7

SLA EXUDES SOUTHERN CHARM ALL PICS: TONY O'CONNELL

The annual dinner of the Southern Law Association (SLA) took place at Maryborough House Hotel on 22 February. Attended by 300 practitioners and special guests, the speeches were given by Richard Hammond (president, SLA), Suzanne Rice (president, Law Society of Northern Ireland), Patrick Dorgan (president, Law Society of Ireland) and Robert Baker (vice-president, SLA). Pictured are (front, l to r): Julie Rae, Sean Durcan, Catherine O’Callaghan, Robert Baker (vice-president, SLA), Richard Hammond (president, SLA), Patrick Dorgan (president, Law Society of Ireland), Emma Meagher Neville, Brendan Cunningham and Joan Byrne; (back, l to r): John Fuller, Gerald O’Flynn, Johnathan Lynam, Fiona Twomey, Barry Kelleher, Kieran Moran, Don Murphy and Dermot Kelly

Catherine O’Callaghan (secretary, SLA), Richard Hammond (president SLA) Robert Baker, Richard Hammond (president SLA) and Catherine O’Callaghan and Emma Meagher Neville (PRO, SLA) (secretary, SLA)

Joyce Good Hammond (Hammond Good Ken Murphy (director general, Law Society) and Judge Mary Dorgan with her brother Patrick Solicitors) and Richard Hammond Suzanne Rice (president, Law Society of Northern Dorgan (Law Society president) Ireland) 8 April 2019 PEOPLE Law Society Gazette | gazette.ie

ROYAL OCCASION FOR SOUTHSIDE SOLICITORS ALL PICS: DERMOT BYRNE PHOTOGRAPHY

The solicitors of south Dublin held their 34th annual dinner at the Royal St George Yacht Club on 1 February 2019, organised by Justin McKenna (Partners at Law). Pictured are (l to r): Maria Dorgan, Ken Murphy (director general), Judge Anne Watkin, Greg Ryan (president, Dublin Solicitors’ Bar Association), Minister Josepha Madigan, Patrick Dorgan (president) and Yvonne Chapman

Laura McKenna BL, Judge David Kennedy, Geraldine Kelly and Judge Anne Gerard I Lambe, Justin McKenna, Minister Josepha Madigan and Kevin Watkin O’Higgins Law Society Gazette | gazette.ie PEOPLE April 2019 9

Paul Ryan and Ken Byrne

Christina Duffy, Ronan Cogan and Clare McKenna

Diego Gallagher

Brian Harpur, Angela McCann and Raphael King

Jeremiah McCarthy, Bernadette Kirby BL, Mary McCarthy, Rosaleen Connolly and Frank Cantwell and Joanne Sheehan Peter McCabe 10 April 2019 PEOPLE Law Society Gazette | gazette.ie

MAJESTIC NIGHT AT MOUNT FALCON

The Mayo Solicitors’ Bar Association dress dance in Mount Falcon, Ballina, attracted legal luminaries and practitioners from far and wide, including (front, l to r): Judge Fiona Lydon, Mr Justice Michael Peart, Judge Dermot Simms, Judge Patrick Durcan and Suzanne Rice (president, Law Society of Northern Ireland); (back, l to r): Mark Ryan (president, Dublin Solicitors’ Bar Association), Dermot Morahan (president, Mayo Solicitors’ Bar Association), Judge Eoin Garavan, Patrick Dorgan (president, Law Society of Ireland) and Enda Lavery (chairman, Belfast Solicitors Association)

Claire O’Grady, Eithne Foy and Aoife O’Malley Dermot Morahan (president, Mayo Deirdre Loftus and Marc Loftus Solicitors’ Bar Association) and (vice-president, Mayo Solicitors’ Bar Stacey Morahan Association) Law Society Gazette | gazette.ie PEOPLE April 2019 11

Charlie Gilmartin and Sandra Murphy

Neil Reilly, Samantha Geraghty, Siobhan Durcan, Paul Cunney, Niamh Murtagh, Pat O’Connor, Gillian O’Connor, Colleen O’Connor and William O’Connor

Siobhan Murphy and Patrick Murphy BL

Claire O’Grady, Frances Morahan, John Morahan, Stacey Morahan, Dermot Morahan, Fintan Morahan, Ruth Darren McMaster and Kathleen Doocey Coonan and Eithne Foy

Augusta Tuohy, Laura Glennon and Elaine Silke Simon Quinn, Mairead Bourke, Dermot Morahan and Stacey Morahan 12 April 2019 PEOPLE Law Society Gazette | gazette.ie

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SOCIETY HONOURS CCBE PRESIDENTS PIC: LENSMEN

You focus on your business. We’ll focus on you.

When you’re running your own business you know how important it is to keep your finances in order - like a good accountant (worth their weight in gold) and a bank that gets you - and your business. With dedicated Business Partners, we specialise in supporting affiliated professionals across a range of sectors including financial, legal, medical The Law Society held a special dinner at Blackhall Place on 21 March 2019 in recognition of the election of Law Society past-president James MacGuill to the position of third vice-president of the Council of Bars and Law Societies of Europe (CCBE). James is set to become president of the body in 2022. The CCBE and pharmacy. represents the bars and law societies of 45 countries, and through them more than one million European lawyers. It is recognised by all of the EU institutions. James will be the second Irish lawyer to become CCBE president, following in the footsteps of John Fish, who served as president in 2002. James will be the first past-president of the Law Society to be elevated to this position. The dinner was hosted by Law Society President Patrick Dorgan with other members of the Co- ordination Committee, with James MacGuill and John Fish as joint guests of honour. Other former Law Society representatives to the CCBE were present, including Geraldine Clarke and Michael Irvine. (Front, l to r): Geraldine Clarke (past-president, Law Society), John Fish, Patrick Dorgan (president, Law Society), James MacGuill (third vice-president, CCBE), and Michele O’Boyle (senior vice-president, Law Society); (back, l to r): Dan O’Connor (junior vice-president), Ken Murphy (director general), James Cahill (Council member), Michael Irvine (past-president), Cormac Little (Law Society representative, CCBE), Mary Keane (deputy director general) and Cormac Ó Culáin (secretary, Irish delegation to the CCBE) To experience a new way to bank for business, call our Business Support Team BIG WHEEL KEEP ON TURNIN’

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There was a great turnout for the recent Diploma Centre alumni evening, which focused on key legal issues facing charities today. The Law Society event was run in collaboration with The Wheel and featured speakers Helen Martin (director of regulation, Charities Regulatory Authority), Ivan Cooper (director of advocacy, The Wheel) and Breda Crehan-Roche (chief executive, Ability West)

KBC Bank Ireland plc is regulated by the Central Bank of Ireland. 14 April 2019 NEWS | BRIEFS Law Society Gazette | gazette.ie

TRUST AND INTEGRITY DATA-DRIVEN REFORMS IN THE PROFESSIONS TO SHAKE UP YOUTH JUSTICE Two significant initiatives in the reform and development of youth justice have been announced by David Stanton (Minister of State for Equality, Immigration and Integration). Building on research by the University of Limerick, the changes will kick-start devel- The findings of the research, opment of a new youth justice which are due in June, will be strategy, as well as a reform and used as the basis for the design development programme for of new, more effective ways the network of 106 Garda Youth of working, using the same Diversion Projects (GYDPs) resources. around the country. Minister Stanton said: “The The Irish Interprofessional Association held a working lunch at the King’s Inns on 8 March, where Mr Justice Peter Kelly (president of the High Court) delivered The GYDP Action Research next steps with these research an address on the theme of trust and integrity in the professions. Solicitors, Project will work with 15 studies will be different. We barristers, accountants, dentists, doctors, engineers and pharmacists were all GYDPs across ten counties, have a determined collaboration represented. Council member Michelle Ní Longáin and Teri Kelly (director of over a two-year period to tease of committed officials and local representation and member services) represented the Law Society. (From l to r): Teri Kelly, Dr Paddy Hillery (chair of the Irish Medical Organisation’s NCHD out best practice in working practitioners ready for change, Committee) and Mr Justice Peter Kelly with young people at risk. and a team based in the Univer- sity of Limerick that is produc- CHIEF JUSTICE PRINT TO BENEFIT ing top-class practical research.” CALCUTTA RUN SEXUAL Northern Irish art publisher Hanna Fine Art, in association OFFENCES with the Law Society of Ireland and the Bar of Ireland, have AND announced the forthcoming release of a rare and valuable HOW TO print signed by Chief Justice Frank Clarke. BALANCE Irish artist Stephen Mc- Clean’s critically acclaimed RIGHTS painting of the Round Hall in The sixth annual Criminal Jus- Dublin’s Four Courts has been tice Agencies’ Conference will printed in a limited edition of take place on 4 June at the Con- only 150. ference Centre, Dublin Castle. Each print has been signed The theme of this one-day con- by the chief justice and the art- ference will be ‘Sexual offences: ist to create an important and the challenge of balancing rights historic piece of legal memo- in the criminal justice system’. rabilia, which will be sold to Chief Justice Frank Clarke and Paul Hanna (Hanna Fine Art) Charlie Flanagan (Minister raise funds and awareness for for Justice and Equality) and Irish charities, including the Anyone wishing to reserve (£250 unframed), please contact Claire Loftus (Director of Pub- Calcutta Run – the Legal Fun- one of the few remaining prints Maria Hanna at 085 112 2388 or lic Prosecutions) will be among draiser. at the published price of £295 [email protected]. the main speakers. Law Society Gazette | gazette.ie NEWS April 2019 15

LEGAL SECTOR ‘BREXIT DIVIDEND’ PROMOTED IN WASHINGTON DC A campaign to promote Ireland as an international legal centre received a soft launch in front of a carefully selected audience of leading American lawyers in the Irish Embassy in Washington DC on 15 March 2019. The event was part of the traditional St Patrick’s Day celebrations in the US capital that included, as always, a visit by the Taoiseach to the White House and Capitol Hill. This year, among the Irish Gov- ernment’s policy objectives is the promotion of a project initiated by the Bar and the solicitors’ profession to encourage the international legal world to use Irish law and Irish legal services in contracts, transactions and dispute resolution. The visiting speakers to the specially invited audience of American lawyers in the Irish Embassy in Washington DC were This policy was adopted by the (l to r): Seamus Woulfe SC (attorney general), Mr Justice Frank Clarke (chief justice), Micheál P O’Higgins SC (chair of the Bar of Ireland), Gemma Allen (IDA) and Patrick Dorgan (president of the Law Society) Cabinet in early January of this year. It was initiated in a submis- egation was Chief Justice Frank As Ken Murphy said in an arti- He added: “Ultimately, the aim sion to Government last year, on Clarke, who has been a passionate cle on the front page of the Global is to see increased numbers of which the Law Society, the Bar of advocate of this initiative. Legal Post: “We believe the uncer- international commercial agree- Ireland, and some of the largest When Brexit takes effect, Ire- tainty surrounding the enforce- ments with Irish jurisdiction Irish law firms collaborated. land will be the only legal juris- ability in the EU of judgments of clauses included in them, in their In late February, Attorney diction (other than Malta and the UK courts, post-Brexit, will dispute resolution provisions.” General Seamus Woulfe invited a Cyprus) that is a common law make dispute resolution in Irish The Government’s next move Law Society delegation to accom- jurisdiction and a member state courts more attractive to interna- will be to appoint an implementa- pany him to Washington DC for of the European Union. tional litigants.” tion board for this project. the launch of this campaign. A number of events were organised by the Irish Embassy, to which leading Irish American lawyers CHILD LAW EXPERT MOVES TO were invited so that they could be introduced to this initiative. CALDWELL & ROBINSON The Law Society delegation Eminent Irish family law- adoptions, divorces and custody comprised President Patrick Dor- yer Geraldine Keehan has joined agreements, as well as interna- gan, director general Ken Mur- the newly opened Dublin office tional surrogacy cases. She also phy, and Council member Liam of Caldwell & Robinson. The acts for guardians ad litem and Kennedy, who had done a great firm has added to its established advises in relation to the move- deal of drafting work on the origi- presence in Belfast and Derry ment of children between juris- nal submission to Government. with a branch at Mary’s Abbey in dictions. The Bar was represented by its Dublin 7. Philip Gilliland (Caldwell chair Micheál P O’Higgins SC, Previously a family and child & Robinson’s managing part- its director Ciara Murphy, and a law partner at Augustus Cullen ner) said the move would position number of members of the Bar Law, Geraldine advises and acts the firm well for the increased Council. in domestic and international pri- north-south and east-west legal A key figure in the Irish del- vate family law matters, including activity that Brexit is bringing. BOOK NOW

LAW SOCIETY GALA 2019 SUPPORTING THE SOLICITORS’ BENEVOLENT ASSOCIATION Friday 11 October 2019 Shelbourne Hotel, Dublin.

SPECIAL GUEST: Oliver Callan Star of ‘Callan’s Kicks’, Ireland’s top impressionist and satirist

This October, the Law Society Gala 2019 will take place in the historic Shelbourne Hotel in the heart of Dublin. This black-tie dinner raises funds for the Solicitors’ Benevolent Association (SBA) and is a social highlight for the solicitors’ profession.

Guest speaker Oliver Callan is back by popular demand to entertain guests for the evening.

Table dinner package for 12 guests: €2,400 (plus VAT). Individual dinner seats: €200 (plus VAT) per person. To book your place, visit www.lawsociety.ie/gala

Law Society Gala profits will be donated to the Solicitors’ Benevolent Association, which provides assistance to members or former members of the solicitors’ profession in Ireland and their wives, husbands, widows, widowers, families and immediate dependants who are in need. Law Society Gazette | gazette.ie NEWS April 2019 17

IWLA PLANS TO INCORPORATE FOR RESEARCH PURPOSES The Irish Women Lawyers’ Asso- PIC: STE MURRAY Association of Female Lawyers ciation (IWLA) is to incorporate of Liberia and made a strategy as a company in order to apply submission to the Courts Ser- for research funding on gender vice, as well as approaching the diversity. In addition, it is pre- King’s Inns to explore opportuni- paring sponsorship offerings ties for collaboration. and working to amplify female The Rathmines event was voices in the media. A corporate attended by Minister Kather- membership proposal is also in ine Zappone, Ms Justice Marie the pipeline. Baker and Ms Justice Caroline These developments were Costello (both Court of Appeal), announced by chair Maeve Del- Ms Justice Úna Ní Raifeartaigh, argy at an IWLA gala evening at Ms Justice Teresa Pilkington the Stella Cinema in Rathmines, and Mr Justice Seamus Noonan Dublin, on 25 February. Mem- (High Court), DPP Claire Lof- bers attended a showing of On tus, Chief State Solicitor Maria At the Stella Cinema event were (l to r): Patrick Dorgan (president, Law Society), Browne, State Coroner Dr Myra the Basis of Sex, a biopic about Ms Justice Catherine McGuinness, Maeve Delargy (IWLA chairperson), Prof Irene pioneering US Supreme Court Lynch Fallon (UCC), and Ken Murphy (director general, Law Society) Cullinane, Judge Pauline Codd judge Ruth Bader Ginsburg. (Circuit Court), and judges Anne Those attending included repre- managing partners from various The body has commissioned Watkin and Patricia McNamara sentatives of the Law Society and law firms, and legal academics. research from barrister Ann (District Court). Also present the Bar of Ireland, the offices of The IWLA’s goal is to be the Conlon into article 41.2 of the were Law Society President Pat- the Chief State Solicitor and the foremost public voice on behalf Constitution on women’s role as rick Dorgan and director general DPP, senior counsel, partners and of women lawyers in Ireland. homemakers. It has also met the Ken Murphy. IRELAND’S TOUGHEST LAWYERS You may have heard some talk of PIC: LENSMEN be mine!). The race will finish a ‘hard border’ over the past few with a marathon from May- months. If you haven’t, go back nooth to Blackhall Place, where to sleep in your hermit’s hut on Brian McMullin, up against Mars, writes Stuart Gilhooly. the North’s Adam Wood, will I thought I’d heard more than attempt to make up my deficit. enough of it, but then Brian The triathlon will encompass McMullin phoned me with the three provinces, six counties, germ of an idea to pit solicitors and at least six border cross- from both sides of the border ings, so hopefully Brexit can be against each other in an Ironman delayed a little longer! We are triathlon. After giving my tenta- raising money for this event, tive support, I thought I’d never and all proceeds will go the hear of it again. But, no – Brian Solicitors’ Benevolent Associa- is a determined man who doesn’t tion. There, but for the grace of take ‘no’ for an answer. Brian McMullin, Stuart Gilhooly, Declan Branagan (Xpediate – sponsor) and God, go us all. Please give gen- And so it has come to fruition. Ivan Feran erously if you can. Thanks to sponsorship from Thread Legal by Expd8, O’Leary an early start, it will commence Jack will swim 3.86km, before Donations may be made by con- Insurances, and Willis Towers in Lough Melvin, Co Leitrim, handing the baton to me and tacting Stuart at stuart.gilhooly@ Watson, this show is about to hit and finish at Blackhall Place, Darren Toombs of the North hjward.ie, Brian at bmcmullin@ the road. And the sea. Dublin. Ivan Feran from the for a 180km cycle (after which brianjmcmullin.com, or Ivan at Taking place on 17 May, with South and the North’s Peter the ‘Toombstone’ is likely to [email protected]. Have you played with us yet? Because we have issues – and clickable things

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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 You can find it atgazette.ie along with our daily news site and other stuff Law Society Gazette | gazette.ie NEWS April 2019 19

EUROPE’S TOP JUDGES ENGAGE IN HIGH-LEVEL DUBLIN TALKS ALL PICS: CIAN REDMOND Dublin Castle hosted judges from all 28 EU supreme courts for a high-level seminar on 25 and 26 March, organised by the Association of Councils of State and Supreme Administrative Jurisdictions of the EU. The aim of the event was to explore greater access to the decisions and jurisprudence of each court in the area of EU law. This would allow courts in each country to reference, cite or rely upon approaches in other coun- • Improve the mutual trust tries. between supreme court judges, The association’s aims are to: • Foster the effective and effi- • Create a better understand- cient administration of justice ing of EU law by the judges in the EU, of the supreme administrative • Provide opportunities for the courts across Europe, exchange of ideas on the rule • Foster a better knowledge of law in the administrative of the functioning of the judicial systems, and other supreme administrative • Ensure access to the decisions courts in the implementation Skirgaile Zalimiene (Supreme Administrative Court, Lithuania) and Baroness of the supreme administrative of EU law, Brenda Hale (president of the British Supreme Court courts implementing EU law. SOCIETY ISSUES CLAIMS HARVESTING WARNING In November 2017, the Law his company. As part of its ongo- been terminated, directed each Further, three solicitors were Society secured orders against ing investigation into the ‘claims- solicitor firm to provide the called before the committee at its non-solicitor businessman David harvesting’ industry, the Society Society with the written under- meetings on 12 July and 15 Octo- Smyth and his company Agenda notified the principals of each of taking that: ber 2018 to assist the Society with Computers Limited, under sec- the solicitor firms identified by • The firm principal and/or the its investigations into the illegal tion 18 of the Solicitors (Amend- Smyth that the Society was con- firm will have no connection practice of ‘claims harvesting’. ment) Act 2002. cerned that they were contraven- with any other person and/or The legal costs of the proceedings In this case, Mr Smyth and ing, or have contravened, or are website and/or enterprise that were ordered against Mr Smyth his company were ordered to likely to contravene, the Solicitors either engages in the activity and the company. These costs cease operating a prominent Acts and/or the 2002 regulations. of ‘claims harvesting’ and/or have been taxed, and the Society claims-harvesting website that The Society requested expressly or impliedly offers is taking the necessary steps to was operating in contravention responses from each firm prin- any inducement to make a enforce the costs order. of the Solicitors Acts, and were cipal, and all responses received claim for damages for personal The Law Society continues directed to provide the Society from the solicitors were then injuries or refers to the provi- to take a strict approach towards with the names of all solicitors referred to the Regulation of sions of legal services in con- solicitors found to be accepting who have received referrals for Practice Committee for its connection with such claims, and paying for such referrals, and personal injury claims via the sideration. • The firm principal will ensure a breach of primary legislation in website. At its meeting on 19 April that all future advertising com- respect of such activities may con- Mr Smyth swore an affidavit 2018, the committee considered missioned by them in their stitute professional misconduct on and the Society received a list each response and, satisfied that capacity as solicitor is done in the part of the solicitor and may of 17 solicitor firms that were in any admitted dealings with the compliance with the Solicitors result in a referral to the Solicitors receipt of claims referrals from claims-harvesting website had (Advertising) Regulations. Disciplinary Tribunal. 20 April 2019 NEWS Law Society Gazette | gazette.ie

ENDANGERED LAWYERS INJURIES TO MOTHERS IN CHILDBIRTH JUDGE MARIA LOURDES AFIUNI MORA, VENEZUELA Injuries to mothers in childbirth and the litigation that follows will be the focus of a medico- legal CPD seminar for charity at King’s Inns on 1 May. The event will take place from 1.30pm to 5.30pm and will attract four hours of general CPD. Judge Bronagh O’Hanlon (High Court) will open the seminar. Organiser Doireann O’Mah- ony BL has lined up a panel of experts to discuss the clinical At the time of her arrest in over 60 times for lack of pros- aspects of birth injuries. She will December 2009, Judge Maria ecution. present the lawyer’s perspective. Lourdes Afiuni was a judge of In January 2018, the Public London-based obstetrician and (psychosexual therapist) will dis- the Criminal Circuit of the Met- Prosecutor’s Office requested gynaecologist Roger Clements cuss how individuals and couples’ ropolitan Area of Caracas, Vene- to end the trial stage and pro- will deal with the avoidance and emotions and behaviours are zuela. She was arrested without ceed to adjudication with the management of injuries from affected by these injuries. a warrant some hours after she evidence so far collected, but spontaneous and instrumental Proceeds will be donated to ordered the conditional release the judge rejected the request deliveries. Professor Marc Win- Nurture Health, a nationwide of a person charged with evad- and argued for the need to hear slet will focus on the recogni- service delivering counsel- ing currency controls, who had further testimonies. tion and treatment of obstetric ling and support surrounding been held for three years in pre- This tends to support the injuries. Other speakers include conception, pregnancy, child- trial detention, outside the two widely held impression that urogynaecology consultant Char- birth and related difficulties for years’ maximum prescribed. judges and the legal profes- lotte Chaliha and consultant urol- women and their partners. She was eventually charged sion are operating in a climate ogist Ronald Miller. The cost of attending the with corruption, being an of fear of reprisals for actions Physiotherapist Maeve Whelan CPD event is €150. For further accessory to an escape, crimi- not liked by the government. will examine available treatment information, contact Doireann at nal conspiracy, and misuse of Amnesty International and options, while Sue Newsome [email protected]. authority. During her detention, Human Rights Watch regard her Judge Afiuni was subjected to as a political prisoner. Hearings multiple violations, including throughout the rest of 2018 JURY-SUMMONS ADMIN to her personal integrity, her were adjourned every two right to health, and her right to weeks, and did not take place TO BE IN MAYO be treated with humanity and because the court was not sit- Jury summons administration ment of Agriculture, Food and respect for the inherent dignity ting. It seems that her trial will is to be centralised in Castlebar, the Marine – will now upload all of the human person. now not conclude until the Co Mayo, the Courts Service relevant documentation through She was released to house political situation is resolved. has announced, in order to cre- the new portal. arrest in 2011 after emergency Interestingly, she is quoted as ate a more efficient system. In Paperwork that was previously surgery for cancer. In June 2013, saying: “I knew conditions were addition, all documents for legal brought to the Courts Service her house arrest was lifted on tough but didn’t realise just actions initiated outside the manually will now go online. A health grounds, with restrictive how degraded. If I was back on jurisdiction that concern an Irish Courts Service spokesman said conditions: she was required to the bench, I’d find it difficult to citizen or company will now be that this would lead to greater report to the authorities every send anyone to jail unless the managed centrally by the Courts accuracy and efficiencies. 15 days and to refrain from talk- system was changed.” Service. The Courts Service has also ing to the media, practising law, All 60 organisations and Gov- reminded solicitors that they can using her bank account, or leav- Alma Clissmann is a member ernment departments with pros- now lodge applications electron- ing the country. of the Law Society’s Human ecutorial duties – including An ically for leave to appeal in the Her case has been adjourned Rights Committee. Post, the Environmental Pro- Supreme Court in cases where all tection Agency, and the Depart- parties are legally represented. Law Society Gazette | gazette.ie NEWS April 2019 21

FREE MOOC ON ARTS AND MEDIA LAW WORKPLACE WELL-BEING THE ECONOMIC BURDEN OF ‘Arts, entertainment and media MENTAL ILLNESS law – issues that take cen- It may seem counter-intui- tre stage’ is the theme for the tive to link mental health to Diploma Centre’s 2019 massive money and profits in a column open online course (MOOC) concerning well-being, but starting on Tuesday 7 May. it is difficult to separate the MOOCs are free online dancer from the dance. When courses open to all and are part we think of disability at work, of the Law Society’s public legal we may focus on back prob- education initiatives. • State funding, tax treatment, lems or accessibility issues. Since it was first launched and other incentives, Similarly, if someone men- in 2014, the Diploma Centre’s • Commissioning and sponsor- tions ‘disease’, we often think MOOCs have attracted over ship deals, of physiological conditions. 2010 and 2030, with 65% of 10,000 participants from over • Rights, risks, and responsibili- So you might be surprised to that burden being carried by 60 countries. Courses feature ties linked to publication, learn that the Global Burden high-income countries like online recorded and streamed • Protecting copyright, of Disease Study, a compre- Ireland. That’s a huge bur- presentations, as well as inter- • ‘Fake news’, hensive and ongoing global den, and it trickles down to active discussion forums and • Dealing with writer’s block, research program assessing every employing organisation, quizzes that allow those taking • Everything you need to know the impact of disease, found including yours. part to engage directly with our about contracts and negotia- that mental, neurological and The impact of mental ill- expert presenters. tions, substance-use conditions are health is measured by (a) how This year’s course will pro- • Challenges facing the music the leading causes of disabil- it relates to the individual and vide a comprehensive guide to industry, ity globally, with mental health to society and (b) the burden legal and business issues for • Using technology and social issues accounting for the larg- it creates. Both of these mea- those working in the arts, drama, media as a tool for good, and est proportion of years lost to sures are important when con- entertainment, media and pub- • Selling your product and going ‘healthy’ living. Depression is sidering the supports required lishing industries. global. the most disabling and preva- to alleviate the psychological It will examine many hot top- lent mental illness, and the burden for the individual and ics, including: The course will run for a five- research confirms that mental the psychological and eco- • The current position of arts, week period, starting on 7 May. illness is now the major health nomic burden on your organ- media, and entertainment To sign up, visit www.mooc2019. challenge of this century. isation. industries in Ireland, lawsociety.ie. Let’s take a look at some It may be time to consider statistics: 27% of adults in the what your organisation can do EU experience a period of men- to support people in respect of NEW PRECEDENT tal illness during their lives. what are often silent and dam- That’s more than a quarter of aging experiences, hidden due COMPLETION NOTICES the people around you strug- to fear and stigma. When we gling with their mental well- think about one-in-four people The Conveyancing Committee bering of some of the general ness at some point; the most experiencing mental ill-health, has revised its precedent comple- conditions in the 2019 contract. frequently occurring conditions it seems clear that this is an tion notices to tie in with the The new precedents are now being anxiety, depression, and issue that needs every employ- recent changes to the contract available on the ‘precedents’ substance-use disorders. Yet er’s attention. Communication, for sale reflected in the 2019 page on the Society’s website. only a quarter of that 27% space to talk, and education edition. The old precedents will also receive any professional help are good starting points. And With the move to pre-contract remain on the precedents page – mostly after years of living remember, if it is good for the investigation of title on 1 Janu- for a period of six months, as a with distressing symptoms. individual, it will likely be good ary 2019, and the introduction of transition measure, to allow for The World Economic Forum for the organisation! the new Conditions of Sale (2019 cases where completion notices suggests that mental ill-health edition), it has been necessary to may be required in relation to will account for a global loss Paul Hughes is a practising amend the precedent completion the 2017 edition of the contract of over US$16 trillion between psychotherapist. notices to reflect the new num- for sale. 22 April 2019 NEWS Law Society Gazette | gazette.ie

FINAL BURREN LAW SCHOOL PROMISES STELLAR CAST PIC: MARY HAWKES-GREENE, BURREN LAW SCHOOL A stellar line-up of speakers has husband Michael Greene and been put together for what looks Brian Sheridan (now a District set to be the very last Burren Court judge) founded the Bal- Law School, in Ballyvaughan, Co lyvaughan event in 1994. Clare, from 3-5 May. The founders’ initial desire This year’s programme will was to increase knowledge about mark the end of a 26-year run, Brehon Law and its core wisdom and will address the future of among those in the legal pro- democracy and the challenges for fession. But 25 years on, Mary human rights and politics – both believes that the time has come at home and abroad. The event to reinvent the school: “One will also examine Ireland’s chang- mustn’t hold on to the same ing relationship with the EU and model all of the time,” she said. the US, and the impact of Brexit “We have had a very loyal and on Northern Ireland. dynamic group of people, but it’s Confirmed speakers include time for a fresh iteration. What Chief Justice Frank Clarke, Barra Barrister Patrick McEntee, former Tánaiste Dick Spring, Judge Ronan Keane we are doing is making space for McGrory QC (former DPP and late Supreme Court Justice Adrian Hardiman at the 1998 school a new model to emerge.” for Northern Ireland), Marion Bookings for this year’s school McKeone (US-based journalist), Crowe (author and broadcaster), “We’re retiring gracefully,” can be made at www.burren- Conor Gearty (professor, LSE), and Dr Brendan Dunford (envi- says Mary Hawkes-Greene, college.ie. Enquiries to julia@ Eamon Ryan TD, Catriona ronmental consultant). who, together with her late burrencollege.ie.

‘BE PROUD OF YOUR PROFESSION’, SAYS SLA PRESIDENT PIC: TONY O’CONNELL Being entrusted with the presi- “The environment in which dency of the Southern Law Asso- we operate is constantly evolving ciation (SLA) is the highlight of and, on some days, it would be solicitor Richard Hammond’s pro- understandable to think that we, fessional career, he told the body’s as a profession, are under siege annual dinner on 22 February. He and, indeed, that the very concept said that fewer than half a dozen of being a ‘professional’ is being of his Leaving Cert class had gone undermined and diluted.” to UCC and that a career in law Hammond reflected on the would not have been an obvious “immense talent” within the legal prediction when he was born to profession, with practitioners con- hard-working, rural stock. stantly innovating and developing In that respect, Hammond their offerings. Joyce Good Hammond, Richard Hammond, Sinead McNamara, and Shane commented that, despite some McCarthy “Undoubtedly, the Southern significant VIP guests at the din- Law Association, the other bar ner, the most special guests from concern that the profession’s col- they trust and appreciate their associations, and the Law Society his perspective were his parents PJ lective self-respect and self-worth own individual lawyer, while of Ireland work hard to ensure and Mary. They had encouraged were constantly being eroded. having a deep mistrust and often that there is a strong counter-point and promoted his education as a “Interestingly, I think that this outright disdain for lawyers gen- advanced against any negativity gateway for anything he might sets the scene for the cognitively erally,” he commented. “There about our profession,” he stated. wish to achieve in life. dissonant position in which many is no doubt that lawyers play a He encouraged pride in the Reflecting on the legal land- in Irish society find themselves, crucial and beneficial role in our profession, saying that each prac- scape in 2019, he expressed a whereby they are quite sure that country, and have always so done. titioner had a part to play. Law Society Gazette | gazette.ie NEWS April 2019 23

IT’S READY, STEADY, GO FOR THE CALCUTTA RUN! The Calcutta Run – the Legal Fundraiser launched its 2019 campaign on 7 March at Walkers’ new offices in the IFSC. A total of 19 law firms were represented, 16 of them by their managing partners. Managing partners pointed out that the Calcutta Run was now firmly embedded into their corporate social responsibility pro- grammes and discussed the array of fundraising events and ideas that were being implemented by their firms in the two-month lead- up to the run. Gavin Duffy (formerly of Dragon’s Den, and MC on the day) reminded those present that run- ners and walkers were now being Maureen Forrest (founder of the Hope Foundation) and managing partners and representatives of 19 law firms at the joined by an ever expanding cote- official launch of Calcutta Run – the Legal Fundraiser 2019 rie of cyclists who could take part in either a 50k/100k fund-raising Law Association for the second dation and the Peter McVerry fundraising event on the official cycle. Cycling enthusiast Patrick time, on 19 May. Over 200 prac- Trust, both involved in alleviat- fundraising day in May. Dorgan (president of the Law titioners, family members and ing homelessness in Calcutta and For more information on the Society) strongly endorsed his friends took part last year, with Ireland. Dublin and Cork events, as well as recommendation. 300 the target this year. Law firms can enter as a ‘sup- the 50/100k Dublin Cycle Sport- In addition, a Cork 5k run is Once again, the charities to porter firm’ and sign up for the ive, visit www.calcuttarun.com or being organised by the Southern benefit will be the Hope Foun- ‘team challenge’ by organising a email [email protected]. FLANAGAN SLAMS INSURANCE COSTS Justice minister Charlie Fla- policy responses should be,” he out of 33 recommendations of nagan has slated the “onerous said. “I am pleased that the Law the Cost of Insurance Working costs” of insurance premiums, Reform Commission has agreed Group had now been completed commenting during a Seanad to prioritise this work and that or categorised as ongoing. debate that the insurance indus- this initiative has been endorsed He added that the new Per- try must do more to drive down by the Cost of Insurance Work- sonal Injuries Assessment (Amend- the cost of premiums. ing Group. ment) Act 2019 would be com- Speaking on 28 March in a “The annual profits of ten menced on 3 April, and would debate on damages for personal major insurance companies reinforce the PIAB process and injuries, he said that the Law amounted to between €6.1 mil- set a three-year review period Reform Commission had com- lion and €201 million at the end for the Book of Quantum. mitted to carrying out a detailed of 2017, with the total assets of He added that the Gov- analysis in order to develop insurance corporations reported ernment would not oppose constitutionally sound legisla- Minister Flanagan: ‘constant hiking by the Central Bank to be €305 the Civil Liability (Capping of tion to delimit or cap damages of insurance costs is threatening billion at the end of last year. General Damages) Bill 2019, as in relation to personal injuries livelihoods’ “There is clearly scope to it was important to facilitate a awards. reduce insurance costs for con- debate. However, constitutional “We now have an ideal benefit of expert analysis of the sumers, and I am calling on the difficulties would need to be opportunity, therefore, to issues concerned to determine industry to act,” he said. addressed at committee stage, debate this matter with the what our optimal legislative and The minister said that 29 he concluded. FIGHTING HOMELESSNESS IN IRELAND AND CALCUTTA FIGHTING HOMELESSNESS IN IRELAND AND CALCUTTA SATURDAYFIGHTING HOMELESSNESS 18 INMAY IRELAND AND CALCUTTA LAW SOCIETYSATURDAY OF IRELAND, BLACKHALL18 MAY PLACE LAW SOCIETYSATURDAY OF IRELAND, BLACKHALL18 MAY PLACE LAWSIGN SOCIETY UP HERE: OF IRELAND, www.calcuttarun.comwww.calcuttarun.com BLACKHALL PLACE SIGN UP HERE: www.calcuttarun.comwww.calcuttarun.com SIGN UP HERE: www.calcuttarun.comwww.calcuttarun.com

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210x275 Gaz March 19 Full page.indd 1 12/02/2019 17:35 Law Society Gazette | gazette.ie NEWS | REPRESENTATION April 2019 25

NEWS FROM THE LAW SOCIETY’S COMMITTEES AND TASK FORCES

CONVEYANCING COMMITTEE KYC AND AML REQUIREMENTS OF CERTAIN FUNDS OPERATING IN THE IRISH MARKET

The Conveyancing Committee is PIC : SHUTTERSTOCK/GAZETTE STUDIO for value in an arm’s-length trans- receiving numerous queries from action, where the funds are pass- solicitors acting for the purchasing through a solicitor’s client ers of properties where the prop- account before being remitted in erty in sale is secured to a fund/ redemption of the facility, is an lender that has its own require- unusual and extraordinary prac- ments in relation to ‘know your tice. client’ (KYC) and/or anti-money- This practice may cause diffi- laundering (AML) as part of the culties with borrowers disposing sale process. of assets in order to discharge The committee is of the view his/her obligations to the fund/ that there are a number of mat- lender, and could potentially ters arising that are causing diffi- result in a loss of value of the asset culty for the profession. and/or the creation of a ‘clog on the equity of redemption’. 1. Letter confirming KYC and/ are of paramount importance requirements have been met. This or AML enquiries and should not be fettered by any is usually a unilateral entitlement 4. Summary Frequently, a letter was being such agreement with, and/or let- to retain the deposit, with no clear Solicitors practising in this sought from the solicitor acting ter to, the fund/lender. objectivity as to the information jurisdiction are regulated and for the purchaser that created Any such letter must be care- required from the purchaser. As required, as a matter of law, to certain obligations directly to the fully drafted to ensure that it such, it leaves the matter largely comply with the relevant money- fund/lender in relation to KYC does not in any way restrict the open to the fund/lender to decide laundering legislation in force. and AML enquiries (as well as solicitor’s obligations under the whether or not the relevant infor- As such, the committee is of the obligations in relation to associ- relevant legislation. The solicitor, mation has been provided. It is the opinion that it is not appropriate ated documentation procured) when providing such a letter, also view of the committee that such a for the fund/lender to seek and that had been carried out by the needs to ensure that his/her client condition is unreasonable, and compel unrelated third parties solicitor in respect of his/her cli- has formally and irrevocably (in should be resisted. (such as third-party purchasers ent. writing) consented to the provi- Indeed, the provision itself may for value), who are independently Following representations sion of such a letter to the fund/ be, in certain appropriate cases, an represented by solicitors with the made by the committee, it has lender and to the commitments unfair contract term. balance purchase moneys flow- been assured by one such equity and obligations created. Such ing through their solicitors’ client fund that this letter will only be obligations and commitments 3. AML requirements of a account, to produce personal and used in exceptional cases, and will may continue beyond the solici- fund/lender on the redemption sensitive data to the fund/lender no longer be accepted in auc- tor/client relationship and may, of a loan and/or to require a letter or other tion scenarios. Practitioners are at a later date, conflict with the It appears that a process has now evidence in this regard. It is quite referred to paragraph 2 below in wishes of the client. crept into the redemption of loans, reasonable and understandable relation to special conditions that where a property is being sold and that an unrelated purchaser will are being insisted upon by certain 2. Special conditions in a loan repaid and the fund/lender, not wish to provide such details funds/lenders. contract for sale entitling in some cases, is requiring KYC to the fund/lender. If the parties (including their vendor to retain deposit and/or AML details of the ulti- These practices being intro- respective legal advisors) decide Some contracts being used con- mate purchaser. duced are unusual and not cus- to proceed on the basis of such tain a special condition entitling While it is accepted that the tomary in this jurisdiction. Such a letter, the form and content the vendor (regardless of whether fund/lender would be entitled to practices may deter purchasers, of such letter needs to be care- or not it is the owner of the prop- complete the usual KYC and/or reducing the pool of potential fully considered. Practitioners erty and/or the fund/lender) to AML enquiries in respect of its buyers and adversely affect the are reminded of their obligations retain deposits and rescind the customer (the borrower), to insist price achievable. pursuant to the relevant legisla- contract for sale if the fund/lender on the same information from an These are not practices sup- tion and to their client, which is not satisfied that its AML/KYC unrelated third-party purchaser ported by the committee. 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TM 1800 882 231 Easy faxing anywhere www.efax.ie/lawsoc Law society ad - maeve - feb '19.indd 1 19/02/2019 10:31

THE VERDICT IS IN: Top Law Firms Choose eFax® Would you like to talk to someone who understands? Why law firms are turning to eFax® as a We have experience of life cheaper alternative to fax machines in the law, and we know that at all stages of their career, Ease: Send and receive faxes by email. people in the legal community Privacy: Maintain client confidentiality with faxes delivered sometimes need extra support securely to you. with personal or professional issues Efficiency: Solicitors, barristers and secretaries can share faxes instantaneously 24/7. Savings: Eliminate hardware, software and fax machine supply costs. Productivity: Easy document management and organisation. Accessibility: Access your faxes from your PC, laptop, tablet or mobile. Call our free, independent, Contact us at 1800 882 231 and mention confi dential Helpline on 1800 991 801 “LAWSOC” for a 30-day trial. or go to www.lawcare.ie Law Society Gazette | gazette.ie NEWS | BAR ASSOCIATION April 2019 27

COMPILED BY KEITH WALSH, PRINCIPAL OF KEITH WALSH SOLICITORS LEST YE BE JUDGED IN TURN The UCC First Year Moot Com- petition 2018/2019 concluded on 26 March, when the two final- ist teams competed against each other in the beautiful surrounds of the University Council Chamber in the North Quad. Emma Neville and Don Murphy were on hand as judges to this hotly contested competition, which saw a record ten teams taking part. Darragh O’Keeffe and Tara Flynn appeared for the ‘appellant’ (who had been convicted of murder) in an appeal to the Supreme Court on the basis that the trial judge erred in not allowing the defence of provo- cation, and that the actions of medical staff amounted to a novus actus interveniens. The talent dis- played by the four students was apparent from how close the final scores were and, although Eve O’Shaughnessy and Max Philpot were announced as the winners, the judges concluded that they wouldn’t want to come up against Eve O’Shaughnessy and Max Philpot (students), Don Murphy and Emma Neville (SLA council members and judges on the any of the four finalists in court. night), and Tara Flynn and Darragh O’Keeffe (students)

CORK ANNUAL SLA DINNER ATTRACTS A CROWD TheFLAC annual Strip Southern Advert v2a Law sol-bar.qxp_Layout Asso- Close 1 13/04/2018to 300 practitioners18:28 Page 1 newly appointed SLA president (president, Law Society of Ire- ciation (SLA) dinner was held at and their distinguished guests Richard Hammond, Suzanne land). A humorous reflection Maryborough House Hotel on attended, as well as Law Soci- Rice (president, Law Soci- from Robert Baker (vice-pres- 22 February, writes Emma Mea- ety director general Ken Mur- ety of Northern Ireland) and ident, SLA) set the tone for a gher Neville (PRO). phy. There were speeches from Corkonian Patrick Dorgan wonderful night.

FLAC I S RECRU I TI N G S O L IC IT O R S A N D B A R R IS T E R S

t We are recruiting solicitors and barristers for FLAC Clinics which operate in partnership with Citizens Information Centres throughout the country. t By volunteering in a FLAC Clinic you can help people in your community to access justice. t You need to be available for 2 hours on one evening per month and training is provided. Please get in touch with us to learn more about volunteering with FLAC.

Contact Kuda at [email protected] or call us at 01 8873600. Also read more at www.flac.ie/getinvolved 1 28 April 2019 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

LAW SOCIETY TO DEVELOP SUPPORTS FOR SMALLER PRACTICES On foot of the recent Crowe report, the Law Society will focus on developing a range of supports and tools for sole practitioners and smaller practices throughout 2019, writes Teri Kelly

TERI KELLY IS THE LAW SOCIETY’S DIRECTOR OF REPRESENTATION AND MEMBER SERVICES

ver 90% of all solici- It is important that smaller development of a growth strat- tors’ firms in the practices work and, where neces- egy, the Law Society will provide State are run by a sole sary, evolve in response to today’s a sample strategy that can be cus- Opractitioner or have five or fewer more demanding and ‘instant’ tomised by each practice. The solicitors. These small firms have business environment in order to sample strategy will cover activi- their own defined characteristics. serve their clients and succeed. ties such as the definition of cur- Not only must practitioners in The recommendations made in rent service lines, market analysis, 3 smaller firms be accomplished the study are a roadmap for both and options for both organic/ lawyers and provide excellent smaller practices and the Law internal growth (expanding within service to their clients, they must Society to achieve greater success current operations) and inorganic/ also be adept at running a small for small firms. The Society is now external growth (for example, business. After all, that’s what a working to address the study’s 11 via takeovers or mergers). The solicitors’ firm is: a business. recommendations. Throughout growth strategy will also cover tar- It is perhaps not a great rev- 2019, the Small Practice Support get setting, financial and human elation to members that solici- Project will develop a range of resource planning, market activi- A MEDIA tors’ firms are businesses and that supports and tools for sole practi- ties, and monitoring mechanisms. small firms are small businesses. tioners and smaller legal practices. A guided workbook for the RELATIONS However, it is the conclusion of The programme focuses on growth strategy will be provided the Market Study of Sole Practi- delivering supports within four to firms, and this will be followed CAMPAIGN tioners and Smaller Legal Practices main categories, as depicted on by a range of sample scenarios that WILL BE in Ireland – the Society-commis- page 30. will assist sole practitioners and sioned report by consultancy firm smaller practices in understand- UNDERTAKEN TO Crowe – that the Society and Supports for growth planning ing, completing, and implement- small firms themselves, have not A key recommendation of the ing a growth strategy for their DEMONSTRATE focused enough on developing market study is that smaller prac- own business. These scenarios THE VALUE OF practitioners’ skill-sets as business tices should develop a growth will be developed by ‘hot-housing’ owners and operators. strategy that reflects the long- a small number of firms that wish LEGAL SERVICES Practitioners in small firms term vision, purpose, and growth to participate. Each scenario will require business-management ambition for the practice. Devel- be focused on, and tailored to, dif- GENERALLY, skills and access to business sup- oping a growth strategy pro- ferent types of practices, such as AND SMALL ports in order to increase scale vides a focus for the future of the new practices, specialist practices, and take advantage of the oppor- business, in terms of the type of general practices, rural practices, PRACTICES AND tunities present in the market- business and clients it wants to and mid-size practices. This will place. Indeed, smaller practices target, the rationale for doing so, ensure that sole practitioners and THE GENERAL face similar challenges and and what it needs to do to achieve smaller practices will have the PRACTICE MODEL opportunities that are common its ambition. tools they need to assist them to business owners and SMEs in To assist sole practitioners and with developing their own growth SPECIFICALLY other sectors. smaller legal practices with the strategy. Law Society Gazette | gazette.ie ANALYSIS?????????? | NEWS | ?????????? IN DEPTH April 2019 29 PIC : SHUTTERSTOCK/GAZETTE STUDIO

Growing a business is also ing objectives, business-mix in areas ranging from financial dependent on effective marketing definition, and market planning and human-capital benefits to and the ability to communicate by segment. partnering and sharing physical with existing and potential clients and/or intellectual resources. to convince them of their need Expansion collaboration Networking can also assist with to use the services on offer in the The Law Society’s market study furthering business-development LEARNING AND practice. recommends collaboration and opportunities and marketing To assist smaller practices in for- network building: efforts, jointly achieving what KNOWLEDGE- mally planning their approach to • Within the solicitors’ profes- might take longer individually SHARING EVENTS marketing, including client com- sion itself, and creating more significant munications, the Law Society will • By smaller practices with exter- business outcomes. 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Small Practice ful memberships. The Society will also explore collaborating on issues of shared concern with Support Project external bodies that work with SMEs in other sectors.

Learning supports The Law Society will continue to develop and deliver a programme VISION HOW? of learning supports that will To create a more sustainable By providing the following respond to the current needs of smaller practices, including sup- future for smaller practices small practice supports: porting them in their efforts to create sustainable businesses. and monitoring, and terms of method, timing and fre- A range of learning opportuni- • Performance and time manage- quency. The results of the survey Small Practice Growth Guidelines and supports for ties, channels and supports will ment: maximising your time will inform the development of 1 Planning Toolkit 2 network expansion & collaboration be delivered to small practices to and your staff as a valuable a new member communications support their journey in creat- resource. strategy. ing a sustainable future. A Small Growth strategy workbook Listing of potential SME Practice Support Hub will be Learning and knowledge-sharing Foundations for the future organisations to join and benefits developed for lawsociety.ie, with a events will also be developed, and The aspiration of the Small dedicated area for small-business CPD opportunities explored, to Practice Support Project is that Sample growth strategy scenarios Guide for maximising memberships resources. There will be ongo- assist in small business implemen- smaller practices will be fully ing additions to this hub, includ- tation, action-learning and peer equipped – through the range ing monthly Small Practice Sup- sharing. of toolkits and supports pro- Marketing & communications plan Case studies of successful memberships port Bulletins that will aim to vided – to develop and imple- workbook & samples support small firm practitioners Promotion and communication ment growth plans, marketing, with guides to key business areas The value of legal services is not and networking strategies dur- such as: generally understood by the pub- ing 2019. Sole practitioners and Small Practice Learning Supports Promotion and Communication • The value of research and how to lic, and needs to be promoted small practices can then focus THE RECOMMEND- 3 4 get started: market scanning to further by both small firms and on the roll-out and implementa- understand market trends and the Society. To this end, a media tion of these strategies and plans ATIONS MADE IN Small practice support hub with client needs – the why, the how, relations campaign will demon- in 2020, which will assist their THE STUDY ARE Demonstrate value of small practices dedicated area for small practice resources and the benefits, strate the value of legal services growth and help create a founda- • Competitor analysis: why and generally, and small practices and tion for future sustainability. A ROADMAP FOR how to understand your market the general practice model spe- This work was initiated by CPD programme developed for small Promote quality of life in rural Ireland and key stakeholders, cifically. There will be additional former Law Society President BOTH SMALLER practice implementation learning • Client communications: the bene- work to promote the value of life Michael Quinlan, whose aim PRACTICES AND fits of building and maintaining in rural areas and work in small was to help smaller firms achieve Learning and knowledge sharing events Communications preference survey a customer relationship man- practices. Some of this activity sustained growth and realise THE LAW SOCIETY and strategy agement system (CRM) and/or will be in collaboration with local their potential. We will keep a case-management system, authorities and local develop- you informed of our progress TO ACHIEVE Monthly Small Practice Support Bulletins • Marketing content that excites: ment agencies. throughout the year across all GREATER SUCCESS creating great copy for emails, The Law Society currently Law Society communications blogs, and social media, offers many supports for small channels, but especially in the FOR SMALL FIRMS. , on www.lawsociety.ie and What’s included in the monthly Small Practice Support Bulletins? • Finding efficiencies: project plan- practices, and these will be Gazette ning and risk management, expanded significantly over the in the member eZine. THE SOCIETY IS • A guide to networking: where course of 2019. However, the If you would like to pro- NOW WORKING Programme outputs overview The value of research and how to get started and how to generate leads and market study showed us that vide feedback on this project or increase your referral base, there was a disappointing level have any questions on how your TO ADDRESS Understanding the supports developed that Market scanning to understand market trends • Thinking outside the box: the of awareness of existing supports firm can begin implementing will be available to small practices in 2019 and client needs – why, how and benefits. benefits and challenges of among our members. A commu- the recommendations, contact THE STUDY’S 11 shared office space, nications preferences survey will [email protected]. The Competitor analysis Client communications RECOMMEND- • Financial planning: the benefits aim to clarify how members pre- market study can be found on Why and how to understand your market The benefits of building and maintaining a and practice of target setting fer to be communicated with in www.lawsociety.ie/marketstudy. ATIONS and key stakeholders CRM system / case management system

Marketing content that excites Finding efficiencies Creating great copy – emails, blogs and social Project planning and risk management media. (content, titles, creative, writing style) Thinking outside your box A guide to networking The benefits and challenges of shared Where and how to generate leads and office space increase your referral base

Financial Planning Performance / time management The practice and benefits of target setting Maximising your time / your staff as a and monitoring valuable resource 32 April 2019 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

TROUBLED WATERS

There are dangers implicit in the legislative changes that have been made to personal injuries litigation, warns Stuart Gilhooly

STUART GILHOOLY IS A PERSONAL INJURIES PRACTITIONER AND IS A PAST-PRESIDENT OF THE LAW SOCIETY

he much-vaunted Gov- this is to, in fact, make ‘without This change also came into ernment programme for reasonable cause’ now the most effect on 28 January 2019 and insurance reform con- important words in this section. applies to all pleadings and Ttinues apace and has resulted in information provided after that well-signposted, but significant, The sound of silence date. changes to the Civil Liability and New rules of court – because the Courts Act 2004 and the PIAB Act section now contains a manda- Slip slidin’ away 2003. tory requirement – state that The second piece of significant The amendment to section 8 all personal injuries summonses legislation is the PIAB (Amend- of the Civil Liability and Courts issued for accidents occurring ment) Act 2019, which came into Act changes the obligation to on or after 28 January 2019, force on 3 April 2019. All practi- serve a letter from two months where such a notice has not been tioners in the area are advised to ALL PERSONAL to one month, and removes the served within the one-month read it carefully and in full. saver ‘or as soon as practicable period, must provide an expla- Section 51C is a new provision INJURIES thereafter’. nation as to what ‘reasonable that penalises claimants (and Most significantly, it now cause’ existed to explain such a in limited cases respondents) SUMMONSES states that the court ‘shall’ rather failure. If none is provided, or who have not fully cooperated ISSUED FOR than ‘may’ draw inferences from such explanation is not accepted by with the PIAB by providing a failure to do so. The new sec- by the court, then inferences and information or documents to ACCIDENTS tion 8(1) now reads: “Where a costs deductions would seem them or their experts in the form plaintiff in a personal injuries inevitable in most cases. of, for example, special damages, OCCURRING ON action fails, without reason- Of equal importance is the further medical information OR AFTER 28 able cause, to serve a notice in change to section 14 of the such as MRI scans, and previ- writing before the expiration of 2004 act. This section currently ous injuries or details of all other JANUARY 2019, one month from the date of the requires, among other things, claims made when requested by cause of action, on the wrong- that a plaintiff and defendant assessors. In addition, failure to WHERE THE doer or alleged wrongdoer, shall verify all pleadings, and the attend the PIAB medical exami- NOTICE HAS NOT stating the nature of the wrong plaintiff all further information, nation may also be penalised alleged to have been committed provided by way of affidavit and under the section. BEEN SERVED by him or her, the court hear- lodge the affidavit within 21 days This section does not contain ing the action, shall (a) draw of delivery of such pleading or a mandatory requirement in the WITHIN THE ONE- such inferences from the failure information. manner of the above amend- MONTH PERIOD, as appear proper, and (b) where The new section 14 (4)(a) now ments to the 2004 act, but states the interests of justice so require mirrors the penalty provisions that, in the event of failure to MUST PROVIDE (i) make no order as to the pay- in section 8 for failure to do comply with such requests or ment of costs to the plaintiff so, stating the court shall “draw attend a medical examination, AN EXPLANATION or (ii) deduct such amount such inferences from the failure the court may order that no AS TO WHAT from the costs that would, but as appear proper and, where the order as to costs in favour of the for this section, be payable interests of justice so require, offending party may be made or, ‘REASONABLE to the plaintiff as it considers make no order as to the payment alternatively, an apportionment appropriate.” of costs to the plaintiff, or deduct of any such costs. CAUSE’ EXISTED This change came into being such amount from the costs that This requirement applies TO EXPLAIN SUCH on 28 January 2019 and applies would, but for this section, be to all applications made under to all accidents that occur on payable to the plaintiff as it con- section 11 after 3 April, and all A FAILURE or after that date. The effect of siders appropriate”. applications made before that, Law Society Gazette | gazette.ie ANALYSIS?????????? | NEWS | ?????????? IN DEPTH April 2019 33 PIC : SHUTTERSTOCK

where such requests had not a medical report is provided that the actual date of joining a already been made. and the PIAB administration fee new respondent to an application Under section 13, there is no (currently €45) is paid. already made will be the date on longer a requirement to lodge a which the statute stops for the medical report with the appli- The times they are a changin’ purposes of section 50 of the cation form in order to stop As a result of Renehan v T&S 2003 act, as opposed to the date the statute from running. The Taverns (2015 IESC 8), the provi- of the original application. BE AWARE OF application, of itself, is deemed sions of section 50 applied to all Oh, and under section 54, the to suffice for that purpose. How- respondents made under a section Book of Quantum must now be THE DANGERS OF ever, the amendment to section 11 application, no matter when reviewed from time to time, and THE NEW COSTS 13 now states that a preliminary they were joined to the applica- revised at least every three years. notice will be served on a respon- tion. In other words, the date of These are the main alterations. PROVISIONS dent in circumstances where only the initial application stopped the Please read the PIAB Amendment the application form is provided, time for all respondents, even if Act 2019 in full and be aware IN THE CIVIL and the formal section 13 notice they were added years later. of the dangers of the new costs LIABILITY AND that sets the 90-day period in This anomaly has now been provisions in the 2004 act. It isn’t motion will not be served until corrected, so it will now mean getting any easier! COURTS ACT 2004 34 April 2019 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

THE ABCs OF THE VOTING SYSTEM

Ireland’s system of ordering candidates on ballot papers in alphabetical order is manifestly unfair and leads to perceived electoral discrimination. It’s time for a ballot paper for the 21st century, argues Anthony Moore

ANTHONY MOORE IS A BARRISTER PRACTISING ON THE DUBLIN AND EASTERN CIRCUITS AND IS A FIANNA FÁIL CANDIDATE IN THE 2019 LOCAL ELECTIONS

n 24 May this year, vot- argument, Murphy J accepted a defect in the system itself, as a ers will go to the polls that the legislation disadvantaged defect or a want of care or a want in local and European candidates by reference to their of interest by the electorate … I ParliamentO elections and will be surnames, saying: “I am satis- am left with the belief that the asked to vote for their preferred fied that the evidence adduced alphabetical system of listing can- candidates, all neatly arranged proves conclusively that, in Dáil didates as provided for under the before them in alphabetical order Éireann elections over a period [relevant legislation] constitutes a on the ballot paper, according of nearly 40 years, there has been reasonable regulation of elections to their surnames. Under rel- a significant over-representation to Dáil Éireann. It was not argued evant legislation, the names of of candidates whose surnames that any different considerations candidates on ballot papers for begin with letters at the com- applied in relation to elections to ‘WHAT IS elections to the presidency, Dáil mencement of the alphabet. The local authorities.” Éireann, local authorities, and word ‘significant’ was used by DESCRIBED the European Parliament must the expert witnesses to indicate Time for reconsideration? AS A BIAS IN all be arranged alphabetically in a degree of deviation, which was Over 30 years have passed since order of their surnames. not necessarily large, but of such O’Reilly, and the decision seems FAVOUR OF THE This practice came before the a magnitude that it could not be ripe for reappraisal on a number High Court in 1986 in the case explained by chance.” of grounds. CANDIDATES of O’Reilly v Minister for the Envi- However, he was not per- First, it is questionable whether ronment ([1986] IR 143) in the suaded that the system was the ‘human personality’ doctrine WHOSE NAMES context of local elections. The unreasonable or unconstitu- as it is presently constituted would APPEAR AT THE plaintiff there wished to contest tional, saying: “The established preclude reliance on article 40.1 forthcoming local and Dáil elec- propensity of the electorate of the Constitution. The right to TOP OF THE tions and sought a declaration in favour of candidates whose stand for election or participate in that the arrangement was repug- names appear towards the top of the political life of one’s country BALLOT IS NOT nant to article 40 of the Constitu- the ballot paper is not, as I see is well-recognised in key human SO MUCH A tion in failing to provide fairness it, so much a defect in the pres- rights instruments (articles 21 of procedures, or to hold him ent electoral system, but rather and 25 of the 1948 Universal DEFECT IN THE equal before the law. it is a measure of some degree of Declaration of Human Rights and During the trial, the plain- indifference by the electorate or article 25 of the 1966 Interna- SYSTEM ITSELF, tiff abandoned reliance on his some part of it as to how their tional Covenant on Civil and Politi- AS A DEFECT OR right to equality before the law, votes – and in particular their cal Rights). The European Court because the then applicable second and subsequent prefer- of Human Rights has also held A WANT OF CARE case law showed that the right ence votes – are cast.” that the right to stand for election asserted had to derive from the He continued: “It would seem, is “inherent in the concept of a OR A WANT OF rights of citizens as human beings therefore, that what is described truly democratic regime” (Podkol- INTEREST BY THE – an application of the so-called as a bias in favour of the candi- zina v Latvia (2002), application ‘human personality’ doctrine. dates whose names appear at the no 46726/99). The right could, ELECTORATE’ In dealing with his remaining top of the ballot is not so much therefore, be said to form part Law Society Gazette | gazette.ie COMMENT?????????? || VIEWPOINT?????????? April 2019 35 PIC : SHUTTERSTOCK

of the human personality as to Secondly, the characterisa- application for a declaration of THE RATIONALE enable an attack to be mounted tion of the discrimination likely incompatibility with the conven- on the compatibility with article to be suffered by the plaintiff tion under the ECHR Act 2003. IN O’REILLY 40.1 of provisions requiring in O’Reilly as being due to the COULD ALSO alphabetical ordering of candi- essential indifference of the vot- EU law dates’ names. ers does not sit easily with the The rationale in O’Reilly could BE IMPUGNED In that regard, it may be noted modern appreciation of the harm also be impugned before the that, in 2017, in NHV v Minister done to individuals who are indi- Court of Justice of the European BEFORE THE for Justice, the Supreme Court rectly discriminated against as Union (CJEU) on anti-discrimi- relied in part upon international a result of an ostensibly neutral nation grounds via a reference for COURT OF legal commentary to conclude provision, criterion, or practice. a preliminary ruling under article JUSTICE OF that the ‘right to work’ formed Thirdly, the provisions pro- 269 of the Treaty on the Func- part of the human personality. In viding for the current alphabeti- tioning of the European Union. THE EUROPEAN 2018, the High Court held that cal listing of names could also Elections to the European Par- the process of grading the Leav- fall foul of article 14 of the Euro- liament are governed by the Euro- UNION ON ANTI- ing Certificate went to the fun- pean Convention on Human Rights, pean Parliament Elections Act 1997, DISCRIMINATION damentals of human personality which prohibits discrimination, as amended. The act gives effect (Carter v Minister for Education). and become the subject of an to Council Directive 93/109/EC, GROUNDS 36 April 2019 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

as amended, which lays down the arrangements for member state nationals to vote and stand as candidates to the European Parlia- ment in their host member state. In giving effect to the directive, the Oireachtas is implementing EU law, which means that the provisions of the EU’s Charter of Fundamental Rights apply to it. In this regard, article 20 of the charter provides that “everyone is equal before the law”, and article 21.1 goes on to prohibit discrimi- THE TOP TEN nation on a non-exhaustive list of MOST COMMON grounds. Article 21.2 also prohibits discrimination on the grounds SURNAMES of nationality. In C-68/17 IR (2018), a case IN POLAND concerning alleged discrimination on the basis of religion, the BEGIN WITH CJEU made clear that plaintiffs THE LETTERS K, may rely on article 21 of the char- In the EU context, it is diffi- ver voted to scrap the alphabetical ter in disputes concerning EU law cult to see how the discrimination listing of candidates for munici- L, N, S, W AND and that, if necessary, a national caused by the 1997 act’s require- pal elections and replace it with court must disapply national law ments concerning the ordering of a randomised ballot paper. This Z. A POLISH that is inconsistent with it. names on European Parliament followed a motion by a council- NATIONAL It said: “The prohibition of all election ballot papers can com- lor who said that the alphabetical discrimination on grounds of reli- ply with the charter, as a simple listing was biased against candi- STANDING AS gion or belief, now enshrined in example shows. dates whose surnames were Chi- article 21 of the charter, is there- According to the 2016 census, nese, South Asian and Latino, A CANDIDATE fore a mandatory general prin- there were 122,515 Polish nation- among others – a bias more HERE IN THE ciple of EU law and is sufficient, als in Ireland. The top ten most pronounced the longer candi- in itself, to confer on individuals common surnames in Poland date lists were. It was notewor- EUROPEAN a right that they may actually rely begin with the letters K, L, N, thy that, of Vancouver’s ten city on in disputes between them in a S, W and Z. On the assumption councillors holding office at that ELECTIONS, field covered by EU law. Accord- that that is replicated among the time, six had surnames beginning AND BEARING ingly, in the main proceedings, if Polish community living in Ire- with the letters A to D. [a national court] considers that land, a Polish national standing as As the High Court accepted in A SURNAME it is impossible for it to interpret a candidate here in the European O’Reilly, Ireland’s current system the national provision at issue in elections, and bearing a surname of ordering candidates on ballot BEGINNING WITH a manner that is consistent with beginning with any of those let- papers in alphabetical order is ANY OF THOSE EU law, [it] must disapply that ters, may be placed at a disadvan- manifestly unfair to candidates provision.” tage as a result of not being near whose surnames begin with the LETTERS, MAY Article 52 of the charter pro- the top of the ballot paper, and letters H to Z. It must now be vides that any limitation on the would have a reasonable basis for abolished. BE PLACED AT A exercise of rights recognised by it contending that the 1997 act con- Perceived electoral indiffer- DISADVANTAGE has to be provided for by law. stituted discrimination in breach ence to this unfairness is no Proportionality considerations of the articles 21.1 and 21.2 of the reason for maintaining it, par- AS A RESULT OF are relevant: “[limitations] may charter. ticularly in a changing, more be made only if they are necessary diverse Ireland, and given the NOT BEING NEAR and genuinely meet objectives of Proposals for reform very clear non-discrimination THE TOP OF THE general interest recognised by the The present system can be requirements of EU law. It is union or the need to protect the replaced with a fairer one. Last now time for a ballot paper for BALLOT PAPER rights and freedoms of others”. year, city councillors in Vancou- the 21st century. Law Society Gazette | gazette.ie COMMENT | LETTERS April 2019 37

THE MENTAL-HEALTH COST OF ‘NEVER-OFF’ SYNDROME From: Jennifer O’Sullivan, Younger until he was ready to set the stig- PIC : SHUTTERSTOCK mused, were essential to success- Members’ Committee, c/o Law mas aside and find a way for him- ful living as a functioning human Society of Ireland, Blackhall Place, self. being. Dublin 7 This point was then further dis- We know how to live and how n a world where we are more cussed by Steve Bowcott, CEO of to love. But to work? What about connected than ever, we seem John Sisk & Sons Construction, the stress and the inevitable men- Ito be becoming more and more when he addressed the question tal-health implications of living in disconnected from ourselves. A of why his company was spend- a state of stress caused by excessive byproduct of this disconnection is ing so much money protecting work and inevitable responsibility? poor mental health. workers on site from falling struc- Those in the know will tell us We all intuitively know what tures, when a large proportion of that stress, per se, is good for us. It mental health is, and we don’t employee fatalities were from sui- sion-wide, practical approach to is necessary and inevitable. But we need to discuss its ins and outs. It cide. mental health to be implemented should not live in a constant state is more useful to assess how men- This certainly shook the audi- as a matter of policy, as is evi- of distress. Distress, it is reported, tal health affects us collectively ence, and he proceeded to speak dent from previous statements can be neutralised by managing as a profession. I read a statistic in-depth about his employees’ of the Law Society’s immediate our perceptions of situations, as recently that mental health will struggles and how he, as a member past-president Michael Quinlan, well as building resilience through affect one in four people at some of senior management, felt respon- and now Patrick Dorgan (see disassociation. stage in their lives. However, I sible to act. This got me thinking ‘President’s message’, Law Society Disassociation can be effected maintain that mental health issues about my own profession. Gazette, Jan/Feb 2019). through practices like mindful- will affect all of us, on some level, Our profession is suffering from Individual breakthroughs can ness meditation, yoga, and pilates. at some point in our lives. the ‘never-off’ syndrome. We are only be made when we have the In simple terms, it means taking a In December 2018, I attended now more productive, responsive, right tools to build resilience step back, being truly present, and the Mental Health Summit at and efficient than ever before – but and educate ourselves on mental watching a situation from the third the Aviva in Dublin. Brent Pope at what cost? Mental-health condi- health. This early intervention person. This harks back to the old opened proceedings with an tions are diseases of public-health approach is necessary, therefore, advice of “act as you would if you account of his own struggle with importance, constituting about from our profession’s policymak- were advising a friend”. mental health. He spoke of the 14% of the global burden of dis- ers. This will allow us to transcend There is no health without guilt attached to mental health, eases (Martin Prince et al (2007), ourselves and, more importantly, mental health. Mental health is asking: “Why me? I have every- ‘No health without mental health’, help ourselves in our day-to-day irrational, and we won’t always thing I need. I am not homeless. The Lancet (370) pp859-77). Men- professional lives. understand why it affects us when Why do I feel like this? Why can’t tal-health illnesses are, indeed, one Taking a step back and looking it does. Proactive steps must be I just be happy?” of the leading causes of workplace at mental health from a wider per- taken by us and by management in He also spoke about the societal absenteeism or loss of job oppor- spective, we could seek guidance legal services firms, as well as poli- pressure on men to supress their tunity. from those in the know. Freud cymakers, to encourage an open emotions and how this pressure Solicitors are not immune to spoke of the capacity to live, to conversation in our profession stifled his mental-health journey this. We therefore need a profes- work, and to love. These, he about mental health. ORDERS OF ATTACHMENT AND COMMITTAL From: Kate Mulkerrins, executive of attachment and committal not, and led to delays in the exe- sioner will ensure that any such director of legal and compliance, addressed to An Garda Síochána cution of same. orders served upon their office Garda Headquarters, Phoenix Park, are served at Garda Headquarters It is therefore submitted that it will be forwarded to the appropri- Dublin 8 for execution. is in the best interests of all con- ate garda division for execution. am writing to you in respect of On occasion, however, these cerned if such orders were served I would be obliged if you could the service of orders of attach- orders have been served at local on the Commissioner of An advise your members that High Iment and committal upon An garda stations, which in turn has Garda Síochána at Garda Head- Court orders of attachment and Garda Síochána. As you will be led to some difficulties. In this quarters, Phoenix Park, Dublin 8; committal are to be served at aware, it is the policy of the Garda respect, some documents that D08 HN3X. Garda Headquarters – and not at Síochána that High Court orders purported to be such orders were The Office of the Commis- garda stations. 38 April 2019 ??????????COVER | STORY?????????? Law Society Gazette | gazette.ie PIC : GAZETTE STUDIO LawLaw Society Society Gazette Gazette | |gazette.ie gazette.ie ??????????COVER | STORY?????????? AprilApril 2019 2019 3939

Away in a hack The dangers posed by advances in cybercrime are growing. Diane Reidy considers the recently enacted Criminal Justice (Offences Relating to Information Systems) Act 2017

DIANE REIDY IS A SOLICITOR AT EDWARD O’SULLIVAN SOLICITORS, TRALEE 40 April 2019 COVER STORY Law Society Gazette | gazette.ie

n our increasingly sophisticated an offence for “a person who without lawful technological and interconnected excuse operates a computer (a) within the world, the dangers posed to AT A GLANCE State with intent to access any data kept online security by advances in n For several years, the law in Ireland either within or outside the State, or (b) cybercrime are growing. The dealing with computer crime was little outside the State with intent to access any borderless and anonymous more than an afterthought, neither data kept in the State”. Property was defined nature of the internet has added specifically drafted nor designed with as including data, and ‘data’ was defined as a new dimension to traditional computer crime in mind meaning information in a form that could crimes like fraud and theft, n It is a welcome step forward that be accessed by means of a computer and allowing criminals to expand their criminal Ireland has finally enacted a single, included a program. enterprises across several jurisdictions. unifying piece of legislation, dedicated It is clear from the wording that the The construct of ‘cyberspace’ has also to dealing with cybercrime offence is extremely wide in its application. produced its own unique forms of crime, n The 2017 act is a long overdue Firstly, it is immaterial whether the offender such as hacking, denial-of-service attacks, and necessary addition to the law’s succeeds in accessing data. Rather unusually and cracking – all facilitated through the capacity to tackle new waves of for Ireland, this is an ‘attempt’ offence, medium of the internet. cybercrime which is complete whether or not the For several years, it was acknowledged offender does in fact access any data. that the law in Ireland dealing with When one considers the sparsity of computer crime was an afterthought. prosecutions under section 5, an issue with The principal offences in the area were the previous law on hacking becomes clear. to be found in the Criminal Damage Act Its status as a summary offence made it 1991 and the Criminal Justice (Theft and difficult to prosecute. The limited 12-month Fraud Offences) Act 2001, neither of which time frame within which the prosecution were specifically drafted or designed with must be initiated was problematic. The computer crime in mind. The inherent Garda Computer Crimes Investigation Unit, limitations of these acts presented a which deals with such investigations, often fundamental challenge to the effective requires months to properly establish and policing of crimes involving computers. reconcile the internet protocol (IP) addresses In May 2017, the then Tánaiste and in cases. Given the often complex and Minister for Justice Frances Fitzgerald technical nature of such investigations, it is brought forward new legislation in the form clear that this time frame was unsatisfactory of the Criminal Justice (Offences Relating in some cases. to Information Systems) Act 2017. She described the act as “landmark legislation Stop the lights in this jurisdiction”, being “the first Irish A less harmful sort of Hacker Prior to evaluating the new offence created statute specifically and solely dedicated to by the 2017 act, let us first consider the cybercrime”. a minimum of eight offences necessary directive to which it gives effect. The for a uniform criminal policy concerning objective of Directive 2013/40/EU of the Chancing your arm computer-related crime. European Parliament and of the Council In tandem with advancements in, and an The 1991 Criminal Damage Act was the of 12 August 2013 on attacks against increased reliance on technology, came first piece of legislation in Ireland that information systems is the approximation of recognition that specific laws were needed addressed computer-related offences, in the criminal law of the member states in the to address the rise of computer-related any form, by criminalising the offence of area of attacks against information systems, offences. As early as 1989, the Council of hacking. Section 5 of the act defined, for by the establishment of minimum rules Europe sought to address the matter, and the first time in Irish law, the offence of regarding the definition of offences, relevant issued guidelines for member states listing “unauthorised accessing of data”, making it sanctions, and improved cooperation. The

LEGISLATION ALONE IS NOT A PANACEA FOR CYBERCRIME, NOR INDEED ANY FORM OF CRIMINALITY. CRIMINAL SANCTIONS CAN ONLY EVER BE ONE WEAPON IN THE ARMOURY OF PREVENTING AND RESPONDING TO HACKING ATTACKS Law Society Gazette | gazette.ie ??????????COVER | STORY?????????? April 2019 41

THE DIRECTIVE RECOGNISES THAT INFORMATION SYSTEMS ARE A KEY ELEMENT OF POLITICAL, SOCIAL, AND ECONOMIC INTERACTION AND, TO ENSURE THE SAFETY OF THE COMMON MARKET, SUCH SYSTEMS MUST BE PROTECTED

directive recognises that information systems introduced a new definition of ‘information is arguable that P committed an offence. are a key element of political, social, and system’ and ‘data’, both of which replicate However, if we consider the elements economic interaction and, to ensure the the definitions set out in the EU directive. of section 2 of the 2017 act, it would safety of the common market, such systems Section 2 provides that it shall be an appear that he has not committed a crime. must be protected through an effective offence for a person, without lawful Firstly, P has lawful authority to access the comprehensive framework of prevention authority or reasonable excuse, to information system. Secondly, he has not measures accompanying criminal law intentionally access an information system infringed a security system to gain such responses to cybercrime. by infringing a security measure. Therefore, access. The scope of the original hacking The directive comprises five categories to establish an offence, the prosecution offence has, therefore, been considerably of offences. The first category, stipulated must prove that the accused accessed restricted. by article 3 of the directive, refers to illegal an information system, with intent, by When considering the actions of P, access to information systems, namely the circumventing a security measure, and one must wonder whether it is indeed offence of hacking. The offence involves that he did so without lawful authority appropriate that such action would not intentionally accessing, without right, the or reasonable excuse. It is evident that be the subject of a criminal offence. The whole or any part of an information system the newly enacted offence corresponds previous approach to unauthorised access by infringing a security measure. This article closely with the provision contained in the was extremely broad. In the drafting of must be considered in conjunction with directive. the new offence, the legislature has sought paragraph 11 of the directive, which provides Section 2 applies where the person to limit the scope to cases involving the that criminal penalties be applied by member carrying out the offence is in Ireland, circumvention of code-based restrictions, states for cases “which are not minor”. and also where the data is located in the such as a password gate, before criminal It provides clarity on when a case may be jurisdiction but the person committing liability would be triggered. Clearly, this considered minor – for example, “where the the offence is located outside Ireland. was the premise on which the provisions of damage caused by the offence and/or the Significantly, the 2017 act also increases the the 2013 directive were framed. risk to public or private interests, such as penalties that may be imposed for an offence Indeed, the criminal justice system to the integrity of a computer system or to under section 2. may not be the appropriate response to computer data, or to the integrity, rights or Section 8 provides that, on summary P in our above scenario. The scope of a other interests of a person, is insignificant conviction, the court may impose a fine of criminal offence should not be so broad as or is of such a nature that the imposition of up to €5,000 or a term of imprisonment to allow its intrusion into what amounts a criminal penalty within the legal threshold not exceeding 12 months, or both. The to a potential breach of employment law or the imposition of criminal liability is not commission of the offence can also now be or data protection law. The availability of necessary”. the subject of a prosecution on indictment. civil remedies to deal with P’s wrongdoing Further, the offender must infringe a may offer the most suitable avenue for security measure in the commission of the Anyone buying or selling? redress. The requirement for an offender to offence. The most commonly encountered What is the effect of these changes in infringe a security system before triggering security measures used to prevent or practical terms? criminal sanctions may allow for a fairer hinder illegal or unauthorised access to an Let us consider the following scenario, application of the offence. It may also serve information system are passwords, access where ‘P’, an employee of XYZ Ltd, is to encourage individuals and businesses codes, and encryption codes. authorised to access certain information on to protect their privacy in the way most the company’s server. P uses his password likely to be technically effective, by creating Get in! and login details on the company computer effective firewalls and password schemes to The Criminal Justice (Offences Relating to to access information for which he is not protect unwanted access to data. Information Systems) Act 2017 is a welcome authorised. He downloads it and provides move towards a more consolidated approach this information to a third party, who uses I’ll look into it to cybercrime. Section 2 of the act has it to steal clients from the business. Has P There is little doubt that, following decades repealed the offence of hacking contained committed an offence? of inactivity, it is a welcome step forward in section 5 of the 1991 act. It has also Under the previous law in Ireland, it that Ireland has finally enacted a single SUPPORTING YOUR DIPLOMA CENTRE CPD NEEDS

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Diploma Centre full page ad April 2019.indd 1 28/03/2019 13:11 Law Society Gazette | gazette.ie COVER STORY April 2019 43

IN THE DRAFTING OF THE NEW OFFENCE, THE LEGISLATURE HAS SOUGHT TO LIMIT THE SCOPE TO CASES INVOLVING THE CIRCUMVENTION OF CODE-BASED RESTRICTIONS

unifying piece of legislation dedicated to investigation and prevention is a national dealing with cybercrime. The 2017 act is priority. a long overdue and necessary addition to Of course, legislation alone is not a LOOK IT UP the law’s capacity to tackle new waves of panacea for cybercrime, nor indeed any LEGISLATION: cybercrime. form of criminality. Criminal sanctions can n Criminal Damage Act 1991 The State is clearly cognisant of the only ever be one weapon in the armoury n Criminal Justice (Offences Relating to need for legislation and action to address of preventing and responding to hacking Information Systems) Act 2017 the problems of cybercrime and, together attacks. Increased public awareness of the n Criminal Justice (Theft and Fraud with the publication of the National Cyber risks, provision of appropriate training, and Offences) Act 2001 Security Strategy and the establishment employment of adequate security systems n Directive 2013/40/EU on attacks of the National Cyber Security Centre, are essential protections for individuals and against information systems Ireland is acknowledging that cybercrime businesses. 44 April 2019 LITIGATION Law Society Gazette | gazette.ie Castaway If your holiday turns sour, the liability of package-holiday providers can become a legal quagmire. Stephen Healy slaps on the sunscreen

STEPHEN HEALY IS A PRACTISING BARRISTER. HE WISHES TO THANK EOIN QUILL, AUTHOR AND SENIOR LECTURER IN LAW AT THE UNIVERSITY OF LIMERICK, FOR REVIEWING THIS ARTICLE

oing away is something that we all look forward at the hotel swimming pool. He is rushed to the local hospital to. It provides a welcome release from the day- and admitted for three weeks with a head injury. His ultimate to-day of normal life. However, with this new- recovery back in Ireland takes 12 months, where he is unable to found freedom comes increased risk of personal return to work. injuries. The risks become even more significant in a foreign country. When abroad, we can be exposed to simple Dreadlock holiday enhanced risks like the change in direction of road traffic as a There is a significant loss-of-earnings claim and post-accident pedestrian, or driving on the right-hand side of the road. treatment expenses back in Ireland. Suddenly, it becomes easy Aside from this, holidaymakers may also engage in activities to imagine a problematic and complex claim. Issues of privity of that they may not have experienced at home, which carry contract between the plaintiff and the package-holiday provider further risks of personal injury – even something simple like would arise in normal circumstances. Package-holiday providers hiring a moped. These are claims that legal practitioners will can include travel agents, retailers, and organisers within the not see every day, and they can require careful consideration. legal relationship. These distinctions can become important When there is a jurisdictional element to a personal injuries when considering liability, how the holiday package was sold, and claim, suddenly the basic questions of where to sue, who to sue, where it was sold. and how much is the plaintiff likely to A number of these legal issues can recover become much more complex. be resolved by making a claim under Here, we consider some of the relevant AT A GLANCE the Package Holidays and Travel Trade legal provisions for litigating personal Act 1995. The act transposed Council injuries accidents in the context of Irish n The contractual relationship that Directive 90/314/EEC of the European customers purchasing holiday packages gives rise to an accident abroad Communities on package travel, abroad, with specific emphasis on becomes extremely important in package holidays and package tours. packages purchased in Ireland, Britain terms of attaching liability Section 2(3) of the 1995 act provides: and the European Union. n Irish legislation has, in many “This act applies to packages offered for respects, fallen behind with the sale or sold in the State.” I’ve been everywhere advance of internet selling: in However, the interpretation of The contractual relationship that more recent years, linked travel ‘offered for sale or sold’ under the gives rise to the accident abroad arrangements have become much 1995 act requires the organiser of becomes extremely important in terms more popular the package to be established within of attaching liability to defendants. n In order to strengthen the the State or to have a travel agent or Consider this: an Irish-based protection of consumers around retailer selling a package directly in holidaymaker books a family package linked travel arrangements, the EU the State. In this regard, you might holiday in Mexico through a package- has introduced the Package Travel have a travel agent selling a package holiday provider, also based in Ireland. and Linked Travel Arrangements holiday for an organiser abroad, with On the holiday, the husband slips Directive other third parties possibly providing and falls on alleged dangerous tiles the services abroad. Under the Law Society Gazette | gazette.ie ??????????LITIGATION | ?????????? April 2019 45 PIC : SHUTTERSTOCK/GAZETTE STUDIO

IN MORE RECENT YEARS, LINKED TRAVEL ARRANGEMENTS HAVE BECOME MUCH MORE POPULAR. THIS CAN LEAD TO MANY PACKAGE HOLIDAYS FALLING OUTSIDE OF THE SCOPE OF THE 1995 ACT

legislation, a ‘package’ is a combination of A key benefit of suing under section 20 Notwithstanding, there must actually be at least two components, whether transport, of the 1995 act is that the legislation allows negligence under the test established by the accommodation, or tourist services arranged the customers to establish vicarious liability Supreme Court in Scaife v Falcon Leisure by the organiser. The service should cover in respect of the organiser for the negligent Group (Overseas) Ltd – that is, the test is not a period of more than 24 hours or include acts of other third parties that provide one of strict liability, but the services must be overnight accommodation. services under the package. performed with reasonable skill and care. The 46 April 2019 LITIGATION Law Society Gazette | gazette.ie

1995 act also recognises that a customer can activities and directed those activities into be a ‘principal contractor’ or a ‘beneficiary’, the member state where the consumer is allowing beneficiaries to overcome the privity domiciled. Therefore, you might have a of contract rules that would normally preclude company directing marketing activities into the non-contracting party from suing the travel a member states through emails, adverts, agent or organiser. websites and Google, or other online Because of the requirement under the 1995 marketing campaigns, which can pull them act for the organiser (or travel agent, or retailer, within the scope of article 17. as the case may be) to be established within Article 18(1) provides: “A consumer may the State, the legislation has, in many respects, bring proceedings against the other party fallen behind commerce and innovation with to a contract, either in the courts of the the advance of internet selling. In more recent member state in which that party is domiciled years, linked travel arrangements have become not sue under the 1995 act, but could sue or, regardless of the domicile of the other much more popular. This can lead to many under Britain’s Package Holidays and Package party, in the courts for the place where the package holidays falling outside of the scope of Tours Regulations 1992. consumer is domiciled.” the 1995 act. Technology has given consumers The 1992 act does the same as the 1995 act, The application of article 17(1)(c) in far more options to book their own flight but the Irish customers would have to sue in terms of what constitutes ‘commercial or connections and packages through organisers Britain and would, no doubt, recover less in professional activities’ has been considered abroad. damages under the British courts’ personal by the European Court of Justice (ECJ). In injuries regime. Pammer v Reederei Karl Schlüter GmbH & Co Wherever I may roam If a plaintiff found themselves outside the KG, the court held that the change to the Many holiday package providers target scope of the 1995 act, but still wanted to sue wording between the Brussels Convention and consumers in other member states for package from Ireland, they could possibly rely on Brussels 1 were to give greater protection to holidays, though not established in that the special jurisdiction rules for consumers consumers. The professional activities caught member state. Thomas Cook closed its Irish under section 4 of Council Regulation by article 17(1)(c) are, in that regard, wider package-holiday operation in 2014 to grow its 1215/2012 (Brussels 1 Recast). The section than that of the earlier Brussels Convention. online business from Britain. The managing 4 consumer jurisdiction rules can oust the A professional directing marketing emails, director of Thomas Cook UK, Reto Wilhelm, default jurisdiction rules under the regulation. such as offers directed to consumers, into commented: “Our proposal to offer greater The default rules can be unhelpful in the a member state is certainly evidence of personalisation and flexibility to our Irish context of holiday packages, because they directing activities under article 17(1)(c). customers through our dedicated website require the plaintiff to sue a defendant in reflects our high-tech, high-touch business their own member state or where the contract Here I go again strategy.” is performed. Brussels 1 Recast came into It gets more complicated in respect of online If a customer were to purchase a package in force in Ireland on 9 January 2015 through marketing and websites. When an internet this way, but arrange their own flights to where the European Union (Civil and Commercial search is carried out, it is not always obvious, the package originated from, they might find Judgments) Regulations 2015 (SI 6 of 2015). and can be hard to link how the organiser themselves unable to rely on the 1995 act. In or retailer is directing activities into a these circumstances, the customers would still Fly away from here member state. Just because a professional be relying on the 1990 directive, but suing in Article 17 of Brussels 1 Recast allows a creates a website, it does not follow that the defendant’s member state. For example, if a consumer who is acting outside their trade or they are targeting global business or a customer purchased a package holiday through profession to sue the other contracting party particular member state where the consumer a British provider departing from Stansted, but in the consumer’s own member state if it can is domiciled. In Pammer, the ECJ held booked their own flights leaving from Ireland be demonstrated that the party selling the that the court needed to consider whether to get to Stansted, this would mean they could package pursued commercial or professional the professional party has “manifested its

IT GETS MORE COMPLICATED IN RESPECT OF ONLINE MARKETING AND WEBSITES. WHEN AN INTERNET SEARCH IS CARRIED OUT, IT IS NOT ALWAYS OBVIOUS, AND CAN BE HARD TO LINK HOW THE ORGANISER OR RETAILER IS DIRECTING ACTIVITIES INTO A MEMBER STATE Law Society Gazette | gazette.ie LITIGATION April 2019 47

DIRECTIVE 2015/2302 WAS REQUIRED TO BE TRANSPOSED AND BE IN FORCE ON 1 JULY 2018 IN MEMBER STATES. THE OBLIGATION TO INTRODUCE THIS DIRECTIVE THROUGH LEGISLATION FALLS ON TRANSPORT MINISTER SHANE ROSS

intention to establish commercial relations differences between the Brussels Convention member states. The obligation to introduce with consumers from one or more other and Brussels 1, and continues to be a feature of this directive through legislation falls on member states, including that of the Brussels 1 Recast. Transport Minister Shane Ross. This issue consumers domicile”. has come up in Dáil parliamentary questions The mere fact the consumer can access King of the road twice recently. the website would not mean that the test In order to strengthen the protection of The issue was last raised by Deputy Noel was satisfied; nor would the mention on the consumers around linked travel arrangements Rock and answered on 23 January 2018 website of an email address, geographical and modernise the law, the EU has introduced by Minister Ross, who stated: “Officials address, or telephone number without an the Package Travel and Linked Travel in my department are currently working international dialling code. Arrangements Directive (Directive 2015/2302). on regulations to amend the relevant Examples of evidence where the intention The ‘linked travel arrangement’ (LTA) will provisions of these instruments with a view to to solicit might be apparent include specific apply when a traveller pays for two or more promulgating the regulations ahead of the references to the goods or services offered travel services on a business’s point-of-sale 1 July 2018 deadline.” in a given member state, or money spent on device. At the time of writing, unfortunately, there search-engine optimisation services for that Interestingly, in the preamble to the is no draft legislation available or published country. There may be other less obvious directive, it is noted how the traditional in Ireland. Interestingly, Britain is set to leave examples. In Pammer, the ECJ stated that way of selling packages has been replaced the EU and has had the draft legislation the following factors were relevant: “The by customised packages that are sold on the published on their website since 24 May 2018. international nature of activity at issue, such as internet. The preamble states: “Many of those The minister must be busy advancing reform certain tourist activities; mention of telephone combinations of travel services are either in of judicial appointments! numbers with the international code; use of a a legal grey zone or not covered by Directive top-level domain name other than that of the 90/314/EEC.” member state where the trader is established, Directive 2015/2302 enhances the protection for example ‘.de’, or use of top-level domain for customers by enforcing additional LOOK IT UP names such as ‘.com’ or ‘.eu’; the description insolvency contingency requirements on LEGISLATION: of itineraries from one or more other member package organisers within member states. The n Council Directive 90/314/EEC states to a place where the service is provided; directive now makes organisers automatically n Council Regulation 1215/2012 and mention of international clientele liable for services provided by their third- n European Union (Civil and composed of customers domiciled in various party business partners who provide the direct Commercial Judgments) Regulations member states, in particular by presentation services under the package – for example, the 2015 (SI 6 of 2015) of accounts written by such customers.” hotel providing accommodation or the charter n Package Holidays and Package Tours In Emrek v Sabranovic, the ECJ declined to airline providing the flight transfers under the Regulations 1992 impose an additional requirement that there package. n Package Holidays and Travel Trade be a direct causal link between the activities Under the 1990 directive, organisers Act 1995 relied upon (such as setting up an internet could be held vicariously liable for negligent n Package Travel and Linked Travel site) and the conclusion of the contract. acts, but the new changes further enhance Arrangements Directive (Britain; Clearly, however, such activities would customer protections. The directive also SI 634 of 2018) be indicative evidence to the court where provides enhanced precontractual information jurisdiction was being sought, and to which it disclosure obligations and more favourable CASES: should have regard. cancellation options for customers, including n Emrek v Sabranovic (C-218/12) There is no requirement for the contract no termination fees where the customer has n Pammer v Reederei Karl Schlüter to have been concluded in the consumer’s to cancel for “unavoidable and extraordinary GmbH & Co KG (C 585/08 and 144/09) member state, nor does the consumer need circumstances”. n Scaife v Falcon Leisure Group to take any steps to conclude the contract in Directive 2015/2302 was required to be (Overseas) Ltd [2007] IESC 57 their member state. This was one of the key transposed and be in force on 1 July 2018 in 48 April 2019 ??????????COMPANY | ?????????? LAW Law Society Gazette | gazette.ie

Let battle commence

The right of a company to be represented by someone other than a lawyer was most recently considered by the Supreme Court in October 2018. Emma Slattery lets slip the dogs of war

EMMA SLATTERY IS A DUBLIN-BASED BARRISTER PRACTISING IN COMMERCIAL, BANKING AND FINANCE LAW. SHE WISHES TO THANK FRANCIS MCGAGH BL FOR REVIEWING THE ARTICLE

s we all no doubt recall from our ‘introduction to defence of the action on behalf of the company. The single company law’ days, the principle of separate legal judgment, delivered by Ó Dálaigh CJ (with whom Haugh J and personality was established in the 1897 case of Walsh J concurred), found that the right to represent a company Salomon v Salomon. That was limited to counsel instructed on the is, the legal personality of a company’s behalf: “This is an infirmity company is separate and distinct from AT A GLANCE of the company which derives from its that of its members, subscribers, and n The 1969 Battle case reinforced the own very nature. The creation of the office-holders. situation that a member, subscriber, company is the act of its subscribers; What has become clear over the last or office-holder may not represent a the subscribers, in discarding their 50 years is that the corollary of this rule company in legal proceedings own personae for the persona of the is that a member, subscriber, or office- n In a judgment delivered in October company, doubtless did so for the holder may not represent a company 2018, the question of lay represent- advantages which incorporation offers in legal proceedings. This was first ation of companies was again to traders. In seeking incorporation, considered by the Supreme Court in considered by the Supreme Court they thereby lose the right of audience Battle v Irish Art Promotion Centre Limited n The case confirmed that the rule in which they would have as individuals; (1969). Battle remains and, once subject to but the choice has been their own.” Briefly, Battle concerned an application potential exceptions in the interests This is the starting point: a company by a managing director of a defendant of justice, is not unconstitutional cannot be represented by one other than company for liberty to conduct the a lawyer. The difficulty therein being Law Society Gazette | gazette.ie ??????????COMPANY | ?????????? LAW April 2019 49 PIC : REX FEATURES

that there is no exception to the rule – it is of New Zealand in Re GJ Mannix Limited that applied to lawyers, litigation was best absolute. This absolute rule remained the (1984), where it was held: “But I consider the conducted through them and their offices. status quo until the Supreme Court revised superior courts to have a residual discretion in The court was careful to note that this the issue in 2014 in Coffey v The Environmental this matter arising from the inherent power was not an attempt to protect the work of Protection Agency. to regulate their own proceedings. Cases will the profession, but rather to safeguard the arise where the due administration of justice administration of justice. Residual discretion may require some relaxation of the general In a judgment delivered in October Coffey identified the jurisdiction of the rule. The occurrence is likely to be rare, their 2018, this question of lay representation of High Court to permit an exception to the circumstances exceptional or at least unusual, companies was again considered by Supreme rule against layperson representation of and their content modest. Such cases can Court in Allied Irish Bank plc v Aqua Fresh a company. The exception identified was confidently be left to the good sense of the Fish Limited. The plaintiff had issued a special that that the High Court has an inherent judges.” summons seeking an order for possession jurisdiction to manage and control its own From that point on, the rule in Battle and sale of lands owned by the defendant proceedings and “in rare and exceptional cases was subject to the ‘rare and exceptional company arising out of funds advanced and to permit an unqualified advocate to represent circumstances’ exception. The rationale for a mortgage created over certain lands. The another litigant”. the exception was set out by Fennelly J at managing director and principal shareholder In coming to his conclusion, O’Neill J p 24 of the Coffey judgment. In essence, owing of the company sought to enter an appearance relied on a passage from the Court of Appeal to the ethical and professional restrictions to the proceedings on behalf of the company.

IMPECUNIOSITY, A GOOD ARGUABLE DEFENCE, BEING THE PRINCIPAL SHAREHOLDER, OR A COMBINATION OF THE FORE- GOING DO NOT AMOUNT TO EXCEPTIONAL CIRCUMSTANCES SUCH AS WOULD DISPLACE THE RULE IN BATTLE 50 April 2019 COMPANY LAW Law Society Gazette | gazette.ie

In an interlocutory motion, leave to enter it did comment on what would not be an an appearance in those terms was ultimately exceptional circumstance. refused by the High Court. The Court of It is worth noting that Ms Justice Finlay Appeal dismissed the managing director’s Geoghegan suggested the ‘rare’ element of appeal. the “rare and exceptional circumstances” was The managing director contended that essentially surplus to requirements and that, the rule in Battle was at odds with the really, the court only had to consider whether State’s obligations under article 40.3 of the exceptional circumstances existed. Constitution and article 6 of the European In terms of what would not be considered Convention on Human Rights. Combat Wombat exceptional, the court found that “unfortunately, the impecuniosity of a company or the lack of Girding for Battle As to whether such a rule was con- available funds in a company to procure legal In the majority judgment of the Supreme stitutional, Ms Justice Finlay Geoghegan representation is not in any sense exceptional or Court, delivered by Ms Justice Finlay held that “provided that there is an inherent even unusual … a view expressed on behalf of a Geoghegan, the court reviewed the decision jurisdiction to make exceptions to the general company that it has a good arguable defence or in Battle and the developments in the years rule in Battle, justified in the interests of even the putting up of facts, which objectively following, including Marble and Granite Tiles the due administration of justice, such a suggest an arguable defence, is not of itself an Limited, Coffey v Tara Mines, PMLB v PHJ, restriction is not then, in my view, prohibited exceptional set of circumstances … the fact that and Coffey v Environmental Protection Agency. by the Constitution”. Mr Flynn is the principal shareholder and a The court considered the opportunity The justification appears to be one within director of the company is similarly not, in my afforded to the legislature through the the category of ‘you can’t have your cake view, an exceptional circumstance … nor do I Companies Act 2014 to make provision for lay and eat it’. The court noted: “As pointed consider that all of the above in combination representation of companies, and noted that out in many decisions, companies are used are exceptional, as they are a combination of it opted not to. It is noted in the judgment by persons to conduct business or other facts which often occur”. (see paragraph 224) that provision is made activities without the risk of being liable for So, impecuniosity, a good arguable in section 868(5) of the Companies Act for a losses incurred, and thereby create advantages defence, being the principal shareholder, or a person appointed to represent the company for such persons. The use of a separate combination of the foregoing do not amount on indictment. However, section 868(6) states: legal personality may also, however, have to exceptional circumstances such as would “A representative of a company shall not, by disadvantages. One such disadvantage is the displace the rule in Battle. virtue only of being appointed for the purpose inability of a company to represent itself in referred to in subsection (5), be qualified to legal proceedings. It is, however, as stated What should be considered? act on behalf of the company before any court by McKechnie J in the Court of Appeal, ‘the The court found that “it is probably relevant for for any other purpose.” logical corollary of the Salomon principle’.” a court to consider, when asked to exercise this The first issue for consideration by the Aqua Fresh Fish thus confirms that the jurisdiction, to identify the nature of the claim, court was whether the rule in Battle should rule in Battle remains and, once subject to the type of proceedings, and the representation remain, subject to the inherent jurisdiction to potential exceptions in the interests of justice, sought”. Further, it found that “whether or not make exceptions where the interests of justice is not unconstitutional. the person by which the company seeks to be necessitate. Ms Justice Finlay Geoghegan represented is already a party to the proceedings held that changing the rule at this stage would Via negativa or is willing to be joined and has an interest represent “a fundamental change to the What of these exceptions? The court went such as would permit joinder, pursuant to order general rule in relation to rights of audience on to consider whether it should provide 15 of the Rules of the Superior Courts, may be a before the courts” (paragraph 29). The court guidance as to what might, in any individual relevant circumstance to be taken into account further recognised that the rule “exists in the case, constitute exceptional circumstances. in determining whether or not the overall facts interests of the administration of justice and While the court declined to offer guidance as and circumstances are such as to amount to serves the public interest”. to what might be an exceptional circumstance, exceptional”.

THE HIGH COURT HAS AN INHERENT JURISDICTION TO MANAGE AND CONTROL ITS OWN PROCEEDINGS AND ‘IN RARE AND EXCEPTIONAL CASES TO PERMIT AN UNQUALIFIED ADVOCATE TO REPRESENT ANOTHER LITIGANT’ Law Society Gazette | gazette.ie COMPANY LAW April 2019 51

MS JUSTICE FINLAY GEOGHEGAN HELD THAT CHANGING THE RULE LOOK IT UP AT THIS STAGE WOULD REPRESENT CASES: n Allied Irish Bank plc v Aqua Fresh ‘A FUNDAMENTAL CHANGE TO THE Fish Limited [2018] IESC 49 n Battle v Irish Art Promotion GENERAL RULE IN RELATION TO RIGHTS Centre Limited [1969] IR 252 OF AUDIENCE BEFORE THE COURTS’ n Coffey v Environmental Protection Agency [2013] IESC 31; [2014] 2 IR 125 n Coffey v Tara Mines [2007] IEHC 249 Is there a solution to the problem faced by shareholders, and the absence of any risk n In the Matter of Marble and companies that can’t or won’t appoint legal either by reason of the company’s debts or Granite Tiles Limited [2009] IEHC representation and members or officers who costs of the proceedings to the directors and 455 wish to represent them? The court considers shareholders. A person who is already a party n PMLB v PHJ (High Court, the merits of the proposed representative to the proceedings is probably at risk of an unreported, 5 May 1992) being joined to the proceedings (paragraph adverse order for costs if unsuccessful in the n Re GJ Mannix Limited [1984] 1 46). This protects the opposing party, in the claim or defence. NZLR 309 sense that there is a person who can be made As is clear from the foregoing, it was held n Salomon v Salomon & Co liable for the costs of the case should the that the managing director was not entitled Limited [1897] AC 22 company’s case fail. to represent Aqua Fresh Fish Limited. No Ms Justice Geoghegan relies on the such exceptional circumstance had been LEGISLATION: judgment of Bingham MR in Radford, established. More fundamentally, the court n Companies Act 2014, section wherein it was held that part of the confirmed that the rule in remains, Battle 868 fairness and justice of the rule of limited subject to the inherent jurisdiction of n Rules of the Superior Courts, representation, certainly in relation to the court to waive the rule in exceptional order 15 limited companies, relates to their separate circumstances, and does not conflict with legal personality from their directors and the Consitution, as was alleged. 52 April 2019 HISTORY Law Society Gazette | gazette.ie

The walls came tumbling down The Four Courts are regarded as the home of the Irish legal system. Their destruction on 30 June 1922 was ‘unexpected’ and described at the time as a deplorable disaster. John Garahy surveys the fall-out

JOHN GARAHY IS A RETIRED SOLICITOR WHO HAS COMPLETED AN MPHIL IN MODERN IRISH HISTORY

he Four Courts allows the placement of Charles briefly located on the present site from 1606-08, but were moved Manners (fourth Duke of Rutland and Lord to Christ Church at the insistence of Dublin Corporation, to be Lieutenant of Ireland) and Rory O’Connor within the city. The Courts Service website notes that, in 1775, (commandant-general of the the courts at Christ Church were anti-Treaty IRA) to be mentioned in dilapidated, with entry gained, literally, the same sentence. The former laid the through ‘Hell’ – the name of one foundation stone of the building on 13 AT A GLANCE of the passages, where stood a large March 1786; the latter occupied the n A garrison of the anti-Treaty IRA wooden statue of the devil. complex on 14 April 1922. occupied the Four Courts on 14 April The construction of the Public O’Connor’s refusal, with his 1922, leading to the destruction of Record Office had begun on the garrison, to vacate on 28 June 1922 the complex during a Government site in 1776, with the Four Courts resulted in a bombardment by the bombardment on 30 June 1922 integrated into the design. The Provisional Government’s forces n The Solicitors’ Building was destroyed, original architect was Thomas Cooley, – leading to the destruction of the leading the Law Society to submit who died after one wing had been complex, including the Solicitors’ a malicious-injury claim to Dublin completed. His successor was James Buildings, on 30 June 1922. Corporation and the Provisional Gandon, to whom the plaudits for The name of the ‘Four Courts’ Government the design, particularly the dome and has its origins in the four courts of n There was no progress in relation to Round Hall, are ascribed – a further Chancery, Exchequer, Common Pleas, the malicious-injury claims iteration of his design for the Custom and King’s Bench), which were unified n In 1926, the Government decided House. The buildings were completed into one High Court by the Supreme to rebuild, and the courts resumed in 1802, becoming and remaining the Court of Judicature Act (Ireland) 1877. sittings on 12 October 1931, without location of the superior courts, courts The name was applied, irrespective of formal ceremony administration, the Bar Library, and the location. The Four Courts were the Solicitors’ Buildings. Law Society Gazette | gazette.ie ??????????HISTORY | ?????????? April 2019 53

WE ARE TAKING ALL POSSIBLE PRECAUTIONS TO SEE THE FOUR COURTS ARE NOT BLOWN UP OR OTHERWISE PIC : REX FEATURES DESTROYED SOME NIGHT. A FORMAL OPENING WOULD BE A DIRECT INCENTIVE TO THE MAKING OF AN ATTEMPT TO WRECK THE BUILDING

The destruction of the Four Courts to conclude the Anglo-Irish war, with 64 questions, no notices. was unexpected. The Irish Law Times and voting in favour and 57 against. Optimism A solicitor from Nenagh asked the Solicitors’ Journal was optimistic on 7 January was apparent at the Council meeting of the Council to request the proprietor of 1922: “The prospects of the term appear as Incorporated law Society of Ireland (as it The Irish Law Times and Solicitors Journal hopeful as in the past few years.” then was) in the Solicitors’ Buildings on 5 to reduce the (annual) subscription of There was no reference to the vote in Dáil April. The president was absent on holiday; £2-10s-00d, which did not compare Eireann that day, which accepted the treaty the Suggestions Book was examined – nil, no favourably with the (London) Times Reports 54 April 2019 HISTORY Law Society Gazette | gazette.ie PIC : REX FEATURES at £1-14s-00d. “Ordered: the Council do not authorised the expenditure of £300 to re- see their way to make suggestion.” establish the library, with appeals made in Neither did it decide on the attendance the Gazette for donations of books, which of apprentices in person to collect their was very successful. certificates, nor the holding of the Solicitors’ The meeting on 15 November was Dinner. The Council adjourned until 26 made fractious by a demand from Dublin April, following the Easter vacation. Corporation for payment of rates on the Society’s premises at the Four Courts Seized and occupied from 1 April to 28 June at £87-0s-7d, and The subsequent Council meeting was held on for electric lighting at £31-18s-3d. The 21 April 1922 at Mills Hall, 8 Merrion Row, secretary was ordered not to reply. when Mr Orr, the vice-president, reported The Master of the Rolls, Sir Charles that “on the morning of Friday 14 inst, the O’Connor, in his judgment on the habeas entire Four Courts, incl the premises of the corpus application of Erskine Childers in Society, had been seized and occupied by November 1922, determined a “state of war” armed body of men hostile to the Free State existed “because one of the noblest buildings Army, and they continue in occupation”. in this country, which was erected for the The subsequent Council meetings were accommodation, and was the home of held at 33 Molesworth Street, which the justice for more than a hundred years, is secretary had secured at “the weekly rent of now a mass of crumbling ruins”. £2-10s-00d, with 5 shillings for cleaning”. The report of the Council for the year A stand-off ensued for the following three with, the Four Courts was bombarded with ending 26 November 1922 was explicit on months between the Provisional Government two 18-pounder field guns supplied by the the destruction of the Solicitors’ Buildings: and the anti-Treaty force. Sean Lemass, British Army. The Four Courts’ complex, “That such a disaster should have overtaken future taoiseach, then aged 23, was the including the Public Records Office, was the Society is deplorable”, noting that the barrack adjutant of the Four Courts’ garrison. destroyed on 30 June 1922. The Irish Times insurance company had repudiated liability, He issued passes to the garrison, stamped reported “about mid-day, an ear-splitting “relying on the circumstances under which on the back with the wax seal of the Lord explosion shattered Dublin”. The cause of the the destruction occurred”. Chief Justice of Southern Ireland. A general explosion is contested in the historiography, On 17 January 1923, Mr AE Murray BE election had been scheduled to be held in though the GHQ Irish Army issued a poster reported, valuing the destroyed premises April, but was deferred to June. Both sides the following day: “Public Records Office at £95,240 and contents at £9,619. Dublin wished to avoid a civil war, though there were destroyed with all its historic documents Corporation resumed correspondence on 14 many incidents and contests. The occupation through fire caused by Irregulars’ explosion March 1923, seeking payment of one year’s of the Four Courts was merely the most of mine.” This was emphatically denied by poor rate of £38-1s-10½d on the Solicitors’ prominent incident. the Four Courts’ garrison, particularly Ernie Buildings, 1 March to 28 June 1922. [The The month of June was to prove the O’Malley, who contended the explosions were Council] “ordered secretary to interview catalyst. The general election poll on 16 June caused by the shelling and fires. City Solicitor and Collector”. 1922 results were: pro-Treaty, 239,193 votes; Mr Wakely, the secretary, reported at the anti-Treaty, 133,864 votes; other parties, Malicious-injury claim following meeting, on 28 March 1923, his 247,226 votes. The Provisional Government The Law Society Council meeting on 12 offer to pay £38-1s-10d, in full discharge of regarded the election result as ratification of July at 33 Molesworth Street was informed all claims. the Treaty (contested in the historiography). by the president that the Four Courts was There was no progress in relation to the The anti-Treaty IRA further split on 18 June destroyed, “including the Society’s building”. malicious-injury claims, despite constant 1922. The killing of Field Marshal Sir Henry It was resolved to submit a malicious-injury inquiry from the Council. The meeting on Wilson in London on 22 June 1922 enraged claim for £300,000 to Dublin Corporation, 13 February 1924 was informed that counsel the British government, resulting in extreme with a similar claim to the Provisional for both bodies agreed that the Benchers, pressure on the Provisional Government. Government, and a claim for the contents under the lease, were liable to rebuild the Winston Churchill (colonial secretary) said (£7,700) to Yorkshire Insurances. Solicitors’ Buildings – “the claim of this in the House of Commons on 26 June: “If it The Benchers of the King’s Inns Society was against the Benchers and not [the occupation of the Four Courts] does not were informed ‘without prejudice’. The the State”. It was agreed that both bodies end, and a speedy end, it is my duty to say the subsequent meeting on 19 July read the lease would seek an interview with the Minister Treaty has been violated.” from the Benchers to the Society, granted of Finance with a view to settlement of the The Provisional Government forces issued in 1871 for a term of 999 years, at 1 shilling claim on “a cash basis”. an ultimatum to the garrison to surrender per annum, noting that there was a covenant The contents claim was ruled in the on 28 June 1922. When not complied to reinstate. The meeting on 4 October Circuit Court on 28 June 1924 in the sum Law Society Gazette | gazette.ie HISTORY April 2019 55

THERE WAS UNCERTAINTY AS TO WHETHER THE IMPECUNIOUS FREE STATE WOULD REBUILD THE FOUR COURTS – ‘A SYMBOL OF BRITISH JUSTICE AND IMPERIALISM’

of £7,074, with the Gazette in January Difficulties abounded. The Council our premises would be all they should be”. 1925 noting the compensation received meeting on 15 July 1927 was a ‘special The Council meeting on 27 October 1932 by the Society: “£2,000 cash and £4,950 meeting’ called by the president, “in order resolved to give Mr Wakely a gift of £1,000 compensation stock” – a shortfall of £124, to consider the passing of a resolution “in view of the exceptional services rendered caused by the retention to meet the cost in reference to the murder of Mr Kevin by him”. of the Society’s Grant of Arms. Cash was a O’Higgins, vice-president of the Executive scarce commodity in the early years of the Council, and Minister for Justice and for Resumption of normality Irish Free State. External Affairs, which occurred on Sunday The resumption of normality was On 28 January 1925, the secretary the 10th inst”. demonstrated by the following notice in reported on the joint deputation meeting In consequence of this killing, the Cumann the Gazette in December 1931: “Members with the Minister for Finance Ernest Blythe, na nGaedheal Government introduced a law can rent lockers in the Solicitors’ Buildings, when it was disclosed that the Government requiring all Dáil candidates to agree to swear Four Courts, for the sum of 5 shillings per had not decided whether to rebuild the Four the oath of allegiance required by the Treaty, annum. Application should be made to the Courts. It did, however, intend to rebuild the providing the catalyst for Mr De Valera to caretaker.” front portion as government offices. He also declare the oath of allegiance “an empty The normality was a myth. Chief Justice quoted the estimated costs of rebuilding the formula” and Fianna Fáil to take their seats in Hugh Kennedy had proposed a formal Solicitors’ Buildings at £26,000. the Dáil for the first time. public opening and corresponded with the The question of temporary office The Council meetings in October and Minister for Justice, James FitzGerald- accommodation was declared by the November 1929 saw movement in the Kenney, who replied, stating that the minister “for sympathetic consideration”, intractable title difficulties, with the attorney political situation in the country was far which found practical conclusion in 45 general prepared to advise the Government worse than the public was aware: “We are Kildare Street in May 1925, when the to accept a lease from the Society. Daire taking all possible precautions to see the Board of Works agreed to lease it from Sir Hogan, solicitor and historian, has noted Four Courts are not blown up or otherwise Stanley Cochrane “for the free temporary that the lease was not completed until 1954, destroyed some night. A formal opening occupation of the Society pending settlement which contained provisions for the repairing, would be a direct incentive to the making of the claim, subject to the drainage being servicing and heating of the Solicitors’ of an attempt to wreck the building.” The in sound condition”. Alas, the drainage was Buildings, but crucially, not responsible for courts resumed sittings on 12 October 1931, defective, delaying the occupation. the external portions of the building. without formal ceremony. The Gazette, in June 1931, reported that At the time of writing, the Four Courts Symbol of imperialism the new premises were expected to be ready is subject to further renovation and There was uncertainty as to whether the for occupation in June or July, but “owing refurbishment by the OPW. Mr Byrne’s impecunious Free State would rebuild the however, to the strike in the building trade, concrete encasement has become time- Four Courts – “a symbol of British justice the work has been considerably delayed”. expired. The value of the works chimed and imperialism”. TJ Byrne, principal The Council meeting on 1 October 1931 with the history and purpose, as expressed architect at the Board of Works, had the ear was the first held in the new premises. The by Tomás Clancy, barrister and historian: of WT Cosgrave, president of the Executive secretary reported that he had taken over “The Four Courts were, however, more than Council, from his time as an alderman, the new premises on 6 September, and the just the stone and an idea – they became the whom he informed that the existing caretaker had been in residence since 7 home of the Irish legal system.” structures could be used and the work September. A portion of the Solicitors’ Buildings was completed at reasonable cost. The president, at the half-yearly meeting, sold to the Bar Council in 1977 to partially The Government, in late 1925, decided to welcomed members “to our new home”, fund the acquisition of Blackhall Place, rebuild. It was also engaged in rebuilding the acknowledging the “architectural skill of the Law Society’s headquarters. An office GPO, increasing the expenditure. In May Mr TJ Byrne, principal architect of the and consultation rooms remain in use by 1926, the plans for the new premises were Board of Works, Messrs Alex Hull & Co, solicitors. It is right and fitting that the received – the new Bar Library to be sited on the builders, and Mr R Caulfield Orpen, the solicitors’ profession retains a presence in the destroyed premises, with the Solicitors’ Society’s architect, and to our secretary Mr the Four Courts, which remains the home of Buildings moved to its present location. Wakely, who has spared no effort in assuring the Irish legal system. 56 April 2019 LEGAL EDUCATION Law Society Gazette | gazette.ie Rock of stages A solicitor’s working life inevitably evolves through various stages. David Cowan dusts off the evidence for some anthropological analysis

DR DAVID COWAN IS AN AUTHOR, JOURNALIST AND TRAINER

t age 15, Charles Dickens worked as an ‘attorney’s law degree, training contract, professional qualification, clerk’, serving subpoenas, registering wills, copying continuing education, and exit. If the profession is to keep transcripts, and later became a court reporter. He up, then training is central to the task and needs to reach into enrolled as a law student in 1839 but, like David all dimensions of the profession. What binds together all the Copperfield, didn’t pursue a legal education, in part training efforts undertaken by firms, institutions, professional because he could not afford the £100 needed. bodies, governments and corporations is the need to help Ironically, the only one of his ten children to find success the lawyer, at each and every point in their career, meet the was Henry – as a lawyer. Charles and Henry Dickens would challenges of innovation. find that today’s legal system still retains many processes and procedures latent in common law jurisdictions. As Dr Rónán Waiting for the bus Kennedy (lecturer at NUI Galway) notes: “Many aspects have If we start at the beginning, at the undergraduate level of not changed since the 19th century.” legal training, there is something of a dichotomy here. The However, there has been much change since Dickens was traditional universities tend to be quite adamant that their excoriating the legal profession. The role is to teach the law itself, though presence of women at all levels of they make the occasional nod towards the profession, albeit still with an AT A GLANCE the work their products will one day imbalance in certain areas, would undertake. n The unprecedented pace of surprise. The use of technology would The younger universities are more transformation and innovation in certainly come as a shock, as it would experimental, and seek to have their the legal profession is creating new to anyone from a bygone era. He would graduates as well-rounded as possible demands on training for lawyers in also be surprised to learn of Ireland’s as they enter the next phase of the all five stages of their career: law independence, with its own legal profession. Dr Kennedy accepts degree, training contract, professional system and training. that “third-level institutions are qualification, continuing education, On the other hand, Dickens may disconnected from practice, and need and exit have been fortunate enough to receive to understand better and build better n If the profession is to keep up, then access support for his £100 fees, though connections”, but he believes his training is central to the task and he may not have given the world such law department is “getting it about needs to reach into all dimensions of great literature, with 11 of his books right”, adding that the department is the profession featuring a rich cast of legal characters. “changing as fast as we can”. n Thinking like a lawyer means adapting The unprecedented pace of Kennedy spent much of the 1990s to change. Hence, professional transformation and innovation in working in industry as a programmer, training is undergoing transformation, the legal profession is creating new analyst and webmaster, so he knows as legal bodies address the needs of demands on training for lawyers a thing or two about change and the future lawyer in all five stages of their career: technology. However, he says: “In Law Society Gazette | gazette.ie LEGAL EDUCATION April 2019 57 PIC: SHUTTERSTOCK CLASSICAL LEGAL PRINCIPLES ARE STILL VITAL, BUT THE MODERN SOLICITORS’ PROFESSION IS ALSO EQUIPPED WITH 21ST CENTURY SKILLS

the formation of students, the practical across all areas of global business”. international and EU commercial law, reality is that there’s not enough space in the He continued: “Classical legal principles with incentives and encouragements put curriculum for everything.” are still vital, but the modern solicitors’ in place to attract students. It says that He continues: “It takes years to become profession is also equipped with 21st century “the immediate establishment of further a lawyer” – by which he means not just the skills. This includes collaboration and digital professorial chairs and teaching positions qualifications, but thinking like a lawyer. literacy.” in third-level institutions would advance The commission’s recommendations fall this objective. Increased investment in legal Sharp-dressed man under three main themes: increasing access education generally, and the development of Thinking like a lawyer means adapting to to the profession, innovation in education, a greater range of options in legal education, change. Hence, professional training is and streamlining the established training would also encourage competition in the undergoing transformation, as legal bodies model. market for legal services in Ireland to the address the needs of the future lawyer. The The Bar of Ireland has also set training as benefit of companies doing business here Law Society launched the Peart Commission a priority, with a report – Promoting Ireland (and, indeed, consumers), while leading to Report as part of its aim to support solicitors as a leading centre globally for international more jobs and tax revenue.” using ‘21st century skills’. The commission legal services – placing legal education at the Student placements play a key role in was convened to develop specific actions heart of its approach. Brexit is a central issue, bridging the gap between the classroom and following an independent root-and-branch but there is also an overall desire to further the workplace. Dr Kennedy says: “We need review of the Society’s prequalification develop the range of options available for to prepare lawyers who are going into an training by a team of international experts. legal education in Ireland, with particular environment where they are given a legal Law Society Director General Ken emphasis on EU law and on specialist legal problem and told ‘tell me what it means after Murphy said at the launch that the Society issues arising in growth-industry sectors. lunch’.” was “committed to expanding its focus on The report argues that Irish law students Meghan McSweeney, a tutor at UCD innovation, in line with Government policy should be offered new prequalification Sutherland School of Law with an LLM and with global developments in law and training courses specifically focused on from Georgetown, agrees: “Prospective 58 April 2019 LEGAL EDUCATION Law Society Gazette | gazette.ie

MANY OLDER LAWYERS ARE JUST AS TECH SAVVY AND HAVE THE EXPERIENCE OF WORKING THROUGH THE DIFFERENT AGES OF TECHNOLOGICAL DEVELOPMENT IN SOCIETY AND THE LAW

employers want to know what practical experience and skills a graduate has acquired. The more opportunities that law students can avail of throughout their studies will assist them become future lawyers.”

Got me under pressure McSweeney is starting a traineeship with Mason Hayes & Curran later this year. Reflecting on her experience to date, she says: “I can see how, in six short years since my graduation, that there is a greater Three stages of Elvis emphasis on providing Irish law students with the opportunities to develop their experiential aspect of lawyering needs to and the law. The key is the balance between advocacy skills. Students are also encouraged be “more front-loaded”, explaining that people development and technology tools, to speak in small tutorial groups, where they “firms are competing for graduates, who and to fully operationalise the training. receive grades for both participation and are asking what can you do for me? Why Kelly says that this means “getting people presentations.” should I pick you? They aren’t just looking thinking before they arrive, and following up Contrasting her US experience, for the package; they expect top-end afterwards with feedback. Bringing groups McSweeney says: “The culture of law training. Millennials demand it, not just the back regularly.” schools in the United States places greater qualifications, but also the soft skills, like Adrian Kiernan, managing director at emphasis on communication skills in its law mindfulness, well-being, CSR projects, and LaTouche Training (an Irish company students. The notorious ‘Socratic method’, firms are reacting to this change. The lawyer specialising in training non-lawyers in how which encompasses seating charts in vast needs to be a well-rounded business person.” to apply the law), says that technology is lecture halls, means that there is no hiding “only as good as the lawyer using it”. He if a student has not done the reading. This Just got paid elaborates: “Technology is a wonderful method results in an increased engagement Sinead Kelly, director of professional tool, but clients still want or need someone and discussion with the subject matter, as development at William Fry, says that they can relate to, one-on-one, and get all students will be called upon throughout lawyers are looking for a new kind of confidence from them.” He advocates a two-hour lecture.” She believes that “a training experience, and suggests that blended learning, providing substantive culture of active student participation needs lawyers “need to start with a holistic theory together with interactive and to be sustained and fostered throughout approach; analyse how they can work in law. experiential learning. the four years of academic study because, Business acumen was not needed as much Kiernan argues that: “In blended upon graduation, these students will be before, but now lawyers need to be equipped learning, you get the best of both, using stepping into law offices, the Law Library, to support the requirements of today’s advanced cyber-materials, pre-reading, and or indeed lecturing, and will be required to clients.” initial videos. Then you get the face-to- communicate with colleagues and clients”. Technology is a key component, and the face learning and follow-up assessments. Brian O’Callaghan, partner and head experience of using technology can differ There is still an important role for face- of the trainee and graduate programme at across age generations. However, Kennedy to-face training to play, because there is William Fry, explains. “There is a changing suggests it is not as simple as the idea a networking element – sharing common approach. Students are more ready now for that younger people have grown up with issues and challenges, that’s the by-product.” a career in law. They know a great degree technology and are used to it. Many older The real impact of technology has is not enough, and students are alive to lawyers are just as tech savvy and have the been the emphasis now being placed on this, taking up summer internships and experience of working through the different transferable skills but, again, this needs to be other opportunities.” He suggests that the ages of technological development in society placed in the social and economic context. Law Society Gazette | gazette.ie LEGAL EDUCATION April 2019 59

Kiernan cites the boom years, when there approach.” He adds, “Integration is our issues, and there are some very high-quality was a lot of conveyancing work and big business strategy.” providers.” conveyancing departments but, during The holistic approach is one shared by The last age of the lawyer’s development the recession, the demand decreased and Declan Black, managing partner at Mason is how to approach retirement, something many lawyers were caught out, needing to Hayes & Curran: “For more senior people, that garners much less attention. A holistic reskill. Meanwhile, a substantial volume of we do maintain a panel of coaches whose approach suggests that it needs more this work is being commoditised. Kiernan focus ranges from the more obvious, like attention, both in terms of the lawyer’s suggests that “they will not be caught out business development, to holistic personal role as mentor or tutor, and in knowledge on that twice. Lawyers know they need development.” management – but also with regard to their more transferable skills, and are now more Black says the firm’s mantra is “learning own journey in exiting the legal profession. discerning in the training they do”. not training, so we try very hard to get The lawyer’s journey is a rewarding one, and Continuing professional development and learning out of the time and money we few look forward to the end point. other courses cannot simply be a process spend on training. For example, we have Training and lifelong learning are of box-ticking. Aisling Mooney Eddy, mandatory multiple-choice tests for all increasingly entrenched in the legal talent director at A&L Goodbody, says: solicitors on a range of issues, and we have profession, not because they are nice to have, “To be trusted advisors, lawyers truly need performance tests for hard and soft skills. but because they are necessary in order to TAKE FIVE… to understand where the client is coming While these inputs are more difficult to engage with clients and within the firm. As from, and this should flow through all the design and deliver, we think the impact is Murphy explains: “Today’s client is more different levels of the firm.” ‘Commodity better than the classic training session.” knowledgeable and tech-savvy than ever lawyers’ will give you a service, but she before. The Law Society’s vision is to train st says that high-end lawyers go beyond that, Jesus just left Chicago 21 century solicitors who will meet and LawWatch – delivered every Thursday to your inbox… beyond the technical law, to develop their The place where training is done is another exceed the exacting requirements of their leadership, skills sets, and a collaborative factor, as Black explains that getting lawyers clients and their firms.” approach. to disconnect from work to focus on training O’Callaghan agrees wholeheartedly: Julian Yarr, managing partner at A&L is a key challenge. “We do see a value in “Lawyers have been resistant to change, but Keep up to date with recent judgments, legislation Goodbody, explains: “Being integrated is off-site residential training and provide that’s not good enough anymore,” to which what makes you stand out, and what clients this, particularly for new partners. It gives Kelly adds, “Yes, don’t step back, develop the and topical journal articles by scanning the library’s are looking for in lawyers is a more holistic the partners time and space to fully absorb best lawyers.” LawWatch newsletter every week.

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LibraryLibrary adLibrary Gazette ad Gazette ad Jan_FebGazette Jan_Feb Jan_Feb 2017.indd 2017.indd 2017.indd 1 1 1 25/01/201725/01/201725/01/2017 15:09 15:09 15:09 60 April 2019 BOOKS Law Society Gazette | gazette.ie

THE TAXATION OF CAPITAL GAINS: FINANCE ACT 2018 Irish Tax Series Damian Riordan, Finola O’Hanlon and Jim McCleane. The Irish Tax Institute (2019), www.taxinstitute.ie. Price: €76 (incl VAT), e-book €53 (incl VAT) YOUR AUTHORITATIVE TAX CONTENT Writing a technical book on tax for the Irish The Taxation of Capital Gains is Ireland’s leading title in this area of tax law TAX CONTENT and practice. It deals in a comprehensive and clear manner with all aspects of the treatment ofmarket capital gains arising generally to individuals, partnerships, offers trusts few rewards. The and other non-corporate entities, as well as companies and other corporate structures. The authors’ practical approach to this complex subject and numerous workedmarket examples will be invaluableis small, to Chartered andTax Advisers, regular changes in the accountants and solicitors. legislation result in such books going out of date in a short time. Authors who are pre- The Taxation of Capital Gains The Taxation Finance of Capital Gains Act 2018 Damian Riordan is a Tax Director with EY, a Chartered Tax Adviser (CTA) Finance Act 2018 paredand is a former to UK Inspector undertake of Taxes and Tax Policy Advisor.the Damian burden of writing such specialises in the areas of corporate and international taxation with particular emphasis on group restructurings, acquisitions and disposals as Damian Riordan, Finola O’Hanlon, Jim McCleane bookswell as tax dispute deserve management and tax appeals.the gratitude and applause of the relatively small body of solicitors, accoun-

Finola O’Hanlon is a solicitor, a Trust and Estate Practitioner (TEP) and an tants,FITI Chartered Taxbarristers Adviser (CTA). Finola is principal and of O’Hanlon other Tax Ltd tax advisers who specialising in the area of wealth management and advises on all taxes associated with retaining and passing wealth. This includes advising on the constitutetax efficient structuring of the Wills and lifetime main transfers ofmarket wealth to the next for such books. generation. As a tax practitioner myself, I have made great use of earlier editions of this work, and Jim McCleane is a Tax Director in PwC Waterford and a Chartered Tax Adviser (CTA). Jim specialises in assisting clients with tax issues affecting family businesses including reorganisations/restructuring of the businesses amand also delighted provides advice in relation to toemployee see tax issues, this gift/inheritance new edition. At over tax and capital gains tax. 1,100 pages, it is a substantial work. This size is justified by the fact that it considers the CONSOLIDATED TAX LEGISLATION CONSOLIDATED TAX LEGISLATION application of capital gains tax (CGT) in great Irish Tax Series 2019

Direct Tax Acts, Tom Maguire Published by Irishdetail, Tax Institute giving clear explanations of complex Direct Tax Acts, Tom Maguire South Block +353 1 6631700 Longboat Quay legislationtaxinstitute.ie with simple examples of how it Law of Value-Added Tax, Breen Cassidy Grand Canal Harbour Law of Value-Added Tax, Breen Cassidy Dublin 2, Ireland works in practice. It makes reference to the and Maria Reade © Copyright: Irish Tax Institute 2019 ISBN 978-1-84260-405-2 and Maria Reade relevant case law and Revenue publications. Irish Tax Series 2019 23rd Edition Law of Capital Acquisitions Tax, Stamp Not only does it provide the tax law, it also DutyLaw of and Capital LPT, AileenAcquisitions Keogan Tax, and Stamp EmmetDuty and Scully LPT, Aileen Keogan and explains the relevant legal background with tion can generally be discovered very quickly. Emmet Scully helpful diagrams. For example, I particularly Of all the books published by the Irish Tax like the chapter dealing with CGT and the Institute, this is the one that I most admire EXPERT COMMENTARY EXPERT COMMENTARY new regime for mergers and divisions of com- and appreciate, and I recommend it to every- Finance Act 2018 – The Professional’s panies. one likely to encounter this difficult area of Finance Act 2018 – The Professional’s Guide, Laura Lynch, Sarah Meredith and The language is as clear as it is possible to tax legislation. DenisGuide ,Herlihy Laura Lynch, Sarah Meredith and Denis Herlihy be in a book of this nature. Furthermore, for Practical Income Tax – The Professional’s the busy practitioner, there is a reasonable Michael O’Connor, TippMcKnight, Solicitors, 41 Practical Income Tax – The Professional’s Guide, Lisa Cantillon, Paul Nestor and index, so the full answer to a particular ques- Fitzwilliam Place, Dublin 2. MaryGuide Gara, Lisa Cantillon, Paul Nestor and Mary Gara Revenue Audits and Investigations – The Professional’sRevenue Audits Handbook and Investigations, Mark Barrett, – The ClareProfessional’s McGuinness, Handbook Julie Burke, Mark Barrett, Clare McGuinness, Julie Burke Taxation Summary, David Fennell and DavidTaxation Shanahan Summary, David Fennell and David Shanahan The Taxation of Capital Gains, Damian Riordan,The Taxation Finola of O’Hanlon Capital Gains and , Damian JimRiordan, McCleane Finola O’Hanlon and Jim McCleane

To view the full suite of publications visit To view the full suite of publications visit taxinstitute.ie taxinstitute.ie Law Society Library and Order Online at information ServiceS – we deLiver! Order Online at taxinstitute.ie taxinstitute.ie Or Call at Book loans – collect in person or request next-day delivery Or Call at +353 1 6631700 by DX-tracked courier. +353 1 6631700 Contact the library: tel: 01 672 4843/4; email: [email protected]

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BUILDING AN OUTSTANDING LEGAL TEAM – BATTLE-TESTED STRATEGIES FROM A GENERAL COUNSEL Bjarne P Tellman. Globe Law and Business Ltd (2017), www.globelawandbusiness.com. Price: €60 (incl VAT)

The endorsements for Bjarne P Tellman’s book are a veritable ‘who’s who’ of US For- tune 500 companies and academia. I met Tell- man (GC of Pearson PLC) twice in Ireland. First, when his book had just been published and he was the keynote speaker at the Legal Building an 500 Ireland Trailblazers’ event in March Outstanding 2017, where Irish general counsel were gifted with his ‘toolkit for GCs’. Legal Team The second encounter was in February 2019, where he gave the Lawyers’ Business Development Club an insight into his career, leading global legal teams, and managing Battle-Tested Strategies from a General Counsel innovation and disruption in legal services, which has been the inspiration for, and focus of, his book. Tellman’s analogies with com- puting – the hacking of hardware, talent, software and culture – inspired both sets of audiences. Bjarne P Tellmann In Building an Outstanding Legal Team, he focuses on how and why you need to bring people along with you to successfully embrace Tellman reminds his readers that in-house the natural state of change for an organisa- advisors are part of the business team – they tion. can foster a culture of successful change man- The book is timely and will resonate with agement and provide strategic direction by GCs from Dublin’s ‘Silicon Docks’ and ‘Reg- being curious, flexible and creative. ulator Quays’, and will appeal also to those He concludes by quoting Andy Warhol: who deliver in-house legal tech, as well as “They always say time changes things, but external advisors. you actually have to change them yourself.” The call from the Competition and Con- This is particularly apt, given the changes sumer Protection Commission for changes Tellman advocates for the legal profession. in how legal services are delivered in order to effect greater competition, and the com- Caroline Dee Brown is general counsel at the petitive responses by GCs, are echoed in Commission for Communications Regulation, the book. One Dockland Central, Guild Street, Dublin 1.

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Library ad Gazette Dec 2015.indd 1 24/11/2015 10:46 62 April 2019 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

UNLOCKING E-COMMERCE VIA THE GEOBLOCKING REGULATION Unjustified geoblocking and other forms of discrimination based on customers’ nationality, place of residence, or place of establishment within the internal market are now illegal. Mark Hyland clicks ‘pay now’

DR MARK HYLAND IS A LECTURER IN INTERNATIONAL INTELLECTUAL PROPERTY LAW AT BANGOR UNIVERSITY LAW SCHOOL, WALES

n 3 December 2018, occurs when traders apply dif- mine the physical location of a another important ferent general conditions of customer. This may be achieved building block of the access to their goods/services to either through the tracking of OEuropean Commission’s Digi- customers from other member that location by means of an tal Single Market was put in states, both offline and online. internet protocol (IP) address or place: the Geoblocking Regula- Geo-filtering is another form of coordinates obtained through a tion (2018/302) came into force geoblocking. There, a customer global navigation satellite system. throughout the EU. In many is rerouted from the ‘targeted’ ways, the regulation is an anti- website to a ‘local’ website, often Objective and scope discrimination measure, designed with different content, offering, The objective and scope of the to safeguard the EU’s ‘internal and prices. In short, geoblock- regulation is set out in article 1. GEOBLOCKING market freedoms’. It attempts to ing encompasses commercial This provision states that the pur- “realise the full potential of the practices whereby a customer is pose of the regulation is “to con- ALSO OCCURS internal market” (recital 1), with being treated differently based on tribute to the proper functioning particular emphasis on the free ‘geo-factors’, – that is, nationality, of the internal market by prevent- WHEN TRADERS movement of goods and services. place of residence, or temporary ing unjustified geoblocking and APPLY DIFFERENT This will give a timely boost to location. other forms of discrimination e-commerce within the EU and, Geoblocking frequently occurs based directly or indirectly on the GENERAL simultaneously, foster growth following a unilateral decision by customer’s nationality, place or and increase consumer choice a trader, but sometimes it is the residence, or place of establish- CONDITIONS OF throughout the internal market result of a bilateral arrangement. ment”. Unjustified geoblocking ACCESS TO THEIR (recital 2). Increased e-commerce This might occur in the context denies or limits access to goods or should also create “wider choice of distribution/licensing agree- services by customers wishing to GOODS/SERVICES and optimal conditions” for EU ments. For example, there may be engage in cross-border transac- consumers (recital 2). a clause in such an agreement that tions. Article 1(2) stipulates that TO CUSTOMERS Geoblocking refers to vari- restricts cross-border distribution the regulation only applies to FROM OTHER ous practices whereby businesses of goods/services. Besides poten- transborder geoblocking. In other discriminate against online cus- tially infringing the regulation, words, it will not apply to “purely MEMBER STATES, tomers based on their location. such a clause may also fall foul of internal situations”, where all the For example, an e-trader oper- EU competition law, in particu- relevant elements of the transac- BOTH OFFLINE ating in one EU member state lar, article 101(1)(b) of the Treaty tion are confined within a single AND ONLINE may block or limit access to their on the Functioning of the European member state. Interestingly, ‘online interfaces’ (in essence, Union, which refers to markets unjustified geoblocking perpe- websites and apps) for customers being limited by provisions in an trated by traders established in News from the EU and from other member states wish- agreement. third countries (that is, non-EU International Affairs Committee. Edited by TP Kennedy, director of ing to engage in cross-border Geoblocking is achieved countries such as Turkey) is also education, Law Society of Ireland transactions. Geoblocking also through technologies that deter- caught by the regulation, pro- Law Society Gazette | gazette.ie BRIEFINGBRIEFING | |EURLEGAL ????????? April 2019 63 PIC : SHUTTERSTOCK/GAZETTE STUDIO

vided that customers within the ter aims to realise the full poten- Sector Inquiry (10 May 2017) sumer’ are defined in the Regula- EU are being affected by the trad- tial of services markets in the EU is revelatory. It helps explain tion as follows: er’s actions (see recital 4). by removing legal and adminis- why the regulation was needed. • A ‘trader’ is defined as mean- trative barriers to trade. In par- The report states that 36% of ing “any natural person or Why geoblock? ticular, article 20 of the directive respondent retailers reported any legal person, irrespective Recital 2 of the regulation is illu- requires that EU member states that they do not sell at least of whether privately or pub- minating in terms of why com- ensure that service providers one of the relevant product cat- licly owned, who is acting, panies geoblock. It explains why established within the EU do not egories in which they are active including through any other microenterprises, and SMEs in treat recipients of services differ- across their member state’s bor- person acting in the name or particular, engage in geoblocking. ently on the basis of nationality ders. More pertinently, 38% of on behalf of the trader, for Some reasons include: or place of residence. However, retailers collect information on purposes relating to the trade, • Divergent legal environments, recital 4 of the regulation makes the location of the customer in business, craft or profession of • The legal uncertainty of deal- clear that article 20 has not been order to implement geoblock- the trader”, ing with consumers from a dif- fully effective in combating dis- ing measures. The report estab- • A ‘customer’ is defined as “a ferent member state, crimination. Nor has it suffi- lished that the most common consumer who is a national • The associated risks of dealing ciently reduced legal uncertainty. form of geoblocking in the EU of, or has his or her place of with the consumer protection One of the aims of the regulation was the refusal by traders to residence in a member state, laws of other jurisdictions, is to further clarify article 20 by deliver goods to customers in or an undertaking which has • Catering for foreign environ- defining situations where differ- other member states. The sec- its place of establishment in a mental or labelling laws, ent treatment based on national- ond most common form was a member state, and receives a • Taxation and fiscal issues, ity, place of residence, or place refusal to accept payments from service or purchases a good, • Delivery costs, and of establishment cannot be jus- such customers. or seeks to do so, within the • Language considerations/re- tified. Where there is a conflict union, for the sole purpose of quirements. between the provisions of the Key terms end use”, regulation and the provisions of The regulation is relevant • A ‘consumer’ means “any nat- Rationale for the regulation the directive, the former shall to cross-border e-commerce ural person who is acting for There is a strong nexus between prevail. involving a ‘trader’ and a ‘cus- purposes that are outside his the regulation and the Services The final European Commis- tomer’. These two important or her trade, business, craft or Directive (2006/123/EC). The lat- sion Report on the E-Commerce terms, along with that of ‘con- profession”. LAW SOCIETY LAW SOCIETY PROFESSIONALLAW SOCIETY TRAINING PROFESSIONAL TRAINING PROFESSIONAL TRAINING Centre of Excellence for

ProfessionalCentre of Excellence Education for and Lifelong Learning ProfessionalCentre of Excellence Education for and Lifelong Learning Professional Education and Lifelong Learning

To view our full programme visitwww.lawsociety.ie/CPD To view our full programme visitwww.lawsociety.ie/CPD To view our full programme visitwww.lawsociety.ie/CPD DATE EVENT CPD HOURS DISCOUNTED FULL DATE EVENT CPD HOURS DISCOUNTEDFEE* FULLFEE 12/13DATE PlanningEVENT & Environmental Law Masterclass 8CPD General HOURS plus 2 M & PD DISCOUNTED€350FEE* €425FULLFEE FEE* FEE April12/13 forPlanning Conveyancers & Environmental Law Masterclass Skills8 General (by Groupplus 2 study)M & PD €350 €425 April12/13 RadissonforPlanning Conveyancers Blu & Environmental Royal Hotel, Dublin Law 8Masterclass Skills8 General (by Groupplus 2 study)M & PD €350 €425 April Radissonfor Conveyancers Blu Royal Hotel, Dublin 8 Skills (by Group study) 8 May TheRadisson Older Blu Client: Royal theHotel, Role Dublin of the 8 Solicitor 3 General (by Group Study) €160 €186 8 May inThe Resolving Older Client: Disputes the Role of the Solicitor 3 General (by Group Study) €160 €186 8 May inThe partnershipResolving Older Client: Disputes with the Solicitors Role of For the the Solicitor Elderly 3 General (by Group Study) €160 €186 in partnershipResolving Disputes with Solicitors For the Elderly 9/10 May inEssential partnership Solicitor with Solicitors Update Part For the I & ElderlyII 9 May - 4 CPD Hours & 9 May - €100 9/10 May LandmarkEssential SolicitorHotel, Carrick Update on Shannon, Part I & IICo Leitrim 109 May May - -4 6 CPD CPD Hours Hours & 109 May May - - €100 €135 9/10 May LandmarkEssential SolicitorHotel, Carrick Update on Shannon, Part I & IICo Leitrim 109 May May - -4 6 CPD CPD Hours Hours & 9 &109 10May May May - - €100 €135 - €190 Landmark Hotel, Carrick on Shannon, Co Leitrim 10 May - 6 CPD Hours 9 &10 10 May May - €135 - €190 9 & 10 May - €190 16 May In-house Panel Discussion 3 M & PD Skills €65 16 May inIn-house partnership Panel with Discussion the In-house & (by3 M Group & PD SkillsStudy) €65 16 May PublicinIn-house partnership Sector Panel Committee with Discussion the In-house & (by3 M Group & PD SkillsStudy) €65 Publicin partnership Sector Committee with the In-house & (by Group Study) 17 May MidlandsPublic Sector General Committee Practice Update 6 CPD Hours €135 17 May MidlandMidlands Park General Hotel, Practice Portlaoise, Update Co Laois 6 CPD Hours €135 17 May MidlandMidlands Park General Hotel, Practice Portlaoise, Update Co Laois 6 CPD Hours €135 Midland Park Hotel, Portlaoise, Co Laois 24 May Enduring Powers of Attorney Masterclass SAVE THE DATE 24 May ExecutionEnduring Powersand Registration of Attorney Masterclass SAVE THE DATE 24 May ExecutionEnduring Powersand Registration of Attorney Masterclass SAVE THE DATE Execution and Registration 13/14 North West General Practice Update Part I & II 13 June - 4 CPD Hours & 13 June - €100 June13/14 SolisNorth Lough West EskeGeneral Castle Practice Hotel, Donegal Update Part I & II 1413 June - 64 CPD Hours & 1314 June - €135€100 June13/14 SolisNorth Lough West EskeGeneral Castle Practice Hotel, Donegal Update Part I & II 1413 June - 64 CPD Hours & 13 1314& 14June June - €135€100 - €190 June Solis Lough Eske Castle Hotel, Donegal 14 June - 6 CPD Hours 13 14& 14June June - €135 - €190 21/22 Personal Injuries Litigation Masterclass 10 including 1 Regulatory 13€350 & 14 June - €425€190 June21/22 Personal Injuries Litigation Masterclass Matters10 including (by Group 1 Regulatory Study) €350 €425 June21/22 Personal Injuries Litigation Masterclass Matters10 including (by Group 1 Regulatory Study) €350 €425 June Matters (by Group Study) 28 June Essential Solicitor Update 6 CPD Hours €135 28 June InnEssential at Dromoland, Solicitor Dromoland Update Co Clare 6 CPD Hours €135 28 June InnEssential at Dromoland, Solicitor Dromoland Update Co Clare 6 CPD Hours €135 Inn at Dromoland, Dromoland Co Clare

For a complete listing of upcoming events including online GDPR and Social Media Courses, Forvisit a wwww.lawsociety.ie/CPD complete listing of upcoming or contact events includinga member online of the GDPRLaw Society and Social Professional Media Courses, Training team on Forvisit a wwww.lawsociety.ie/CPD complete listing of upcoming or contact events includinga member online of the GDPRLaw Society and Social Professional Media Courses, Training team on visitP 01 wwww.lawsociety.ie/CPD 881 5727 E [email protected] or contact a member F of the01 Law 672 Society 4890 *ProfessionalApplicable to Training Law Society team onFinuas Skillnet members 04_19 P 01 881 5727 E [email protected] F 01 672 4890 *Applicable to Law Society Finuas Skillnet members 04_19 P 01 881 5727 E [email protected] F 01 672 4890 *Applicable to Law Society Finuas Skillnet members 04_19

LSPT Gazette ad April 2019.indd 1 22/03/2019 15:23 LSPT Gazette ad April 2019.indd 1 22/03/2019 15:23 LSPT Gazette ad April 2019.indd 1 22/03/2019 15:23 Law Society Gazette | gazette.ie BRIEFING | EURLEGAL April 2019 65 LAW SOCIETY LAW SOCIETY PROFESSIONALLAW SOCIETY TRAINING PROFESSIONAL TRAINING The main prohibitions are con- a member state to which the Solicitors who act for traders PROFESSIONAL TRAINING tained in articles 3 and 4 of the trader offers delivery or col- engaged in cross-border e-com- Centre of Excellence for regulation. lection in the general condi- merce need to advise them to

ProfessionalCentre of Excellence Education for and Lifelong Learning Article 3 prohibits traders tions of access, examine their online interfaces ProfessionalCentre of Excellence Education for and Lifelong Learning from using technological mea- • Where the customer seeks to (websites and mobile applica- Professional Education and Lifelong Learning sures or otherwise to block or receive electronically supplied tions) to ensure that they are limit a customer’s access to the services from the trader, other not discriminating against cus- trader’s website for reasons than services the main feature tomers based on their national- To view our full programme visitwww.lawsociety.ie/CPD related to the customer’s nation- of which is the provision of ity or location. To view our full programme visitwww.lawsociety.ie/CPD ality place of residence or place access to and use of copyright In addition, solicitors need To view our full programme visitwww.lawsociety.ie/CPD DATE EVENT CPD HOURS DISCOUNTED FULL of establishment. In addition, protected works, to be proactive and move to DATE EVENT CPD HOURS DISCOUNTEDFEE* FULLFEE traders are not permitted to • Where the customer seeks review clients’ commercial redirect a customer to a differ- to receive services from the agreements (including terms 12/13DATE PlanningEVENT & Environmental Law Masterclass 8CPD General HOURS plus 2 M & PD DISCOUNTED€350FEE* €425FULLFEE FEE* FEE ent version of the trader’s web- trader (other than electroni- and conditions of sale) to, once April12/13 forPlanning Conveyancers & Environmental Law Masterclass Skills8 General (by Groupplus 2 study)M & PD €350 €425 site (for example, a different lan- cally supplied services) in a again, ensure that there is no April12/13 forPlanning Conveyancers & Environmental Law Masterclass Skills8 General (by Groupplus 2 study)M & PD €350 €425 Radisson Blu Royal Hotel, Dublin 8 guage version) unless the cus- physical location within the discrimination against custom- April for Conveyancers Skills (by Group study) Radisson Blu Royal Hotel, Dublin 8 tomer has explicitly consented territory of a member state ers based on their nationality 8 May TheRadisson Older Blu Client: Royal theHotel, Role Dublin of the 8 Solicitor 3 General (by Group Study) €160 €186 to such redirection. where the trader operates. or location. There are certain 8 May Thein Resolving Older Client: Disputes the Role of the Solicitor 3 General (by Group Study) €160 €186 Under article 3(3), the prohi- exceptions to the prohibitions 8 May Thein partnershipResolving Older Client: Disputes with the Solicitors Role of For the the Solicitor Elderly 3 General (by Group Study) €160 €186 bitions shall not apply where the However, there are exceptions contained in articles 3 and 4 of in partnershipResolving Disputes with Solicitors For the Elderly blocking or limitation of access to the prohibition in article 4. the regulation. These excep- in partnership with Solicitors For the Elderly or the redirection is necessary Under article 4(2), traders may tions provide solicitors with 9/10 May Essential Solicitor Update Part I & II 9 May - 4 CPD Hours & 9 May - €100 in order to ensure compliance offer differing general condi- an opportunity to offer added 9/10 May Essential Solicitor Update Part I & II 9 May - 4 CPD Hours & 9 May - €100 Landmark Hotel, Carrick on Shannon, Co Leitrim 10 May - 6 CPD Hours 10 May - €135 with a legal requirement laid tions of access, to include net value to their clients. Solicitors 9/10 May Essential Solicitor Update Part I & II 9 May - 4 CPD Hours & 9 May - €100 Landmark Hotel, Carrick on Shannon, Co Leitrim 10 May - 6 CPD Hours 9 &10 10 May May - €135 - €190 down in union law or in the laws sales prices, between member can take on a key role here by Landmark Hotel, Carrick on Shannon, Co Leitrim 10 May - 6 CPD Hours 9 &10 10 May May - €135 - €190 of a member state that accord states or even within a single advising clients how to avail of 9 & 10 May - €190 SOLICITORS WHO 16 May In-house Panel Discussion 3 M & PD Skills €65 with union law, to which the member state. But they must the exceptions or how to ensure 16 May inIn-house partnership Panel with Discussion the In-house & (by3 M Group & PD SkillsStudy) €65 trader’s activities are subject. be offered to customers in a their commercial activities fall ACT FOR TRADERS 16 May PublicinIn-house partnership Sector Panel Committee with Discussion the In-house & (by3 M Group & PD SkillsStudy) €65 Where such a situation occurs, specific territory or to specific within the scope of one or more Publicin partnership Sector Committee with the In-house & (by Group Study) the trader must provide a clear groups of customers on a non- of the exceptions. ENGAGED IN Public Sector Committee and specific explanation to cus- discriminatory basis. Last year, the European 17 May Midlands General Practice Update 6 CPD Hours €135 tomers regarding the reasons Commission helpfully pub- CROSS-BORDER 17 May Midlands General Practice Update 6 CPD Hours €135 Midland Park Hotel, Portlaoise, Co Laois why the blocking or limitation Enforcement lished a practical ‘Questions 17 May Midlands General Practice Update 6 CPD Hours €135 E-COMMERCE Midland Park Hotel, Portlaoise, Co Laois of access or the redirection is Article 7 requires each mem- and answers guide on the Geo- Midland Park Hotel, Portlaoise, Co Laois necessary in order to ensure ber state to designate a body blocking Regulation in the con- NEED TO 24 May Enduring Powers of Attorney Masterclass SAVE THE DATE compliance. The explanation responsible for enforcement text of e-commerce’. While this ADVISE THEM 24 May ExecutionEnduring Powersand Registration of Attorney Masterclass SAVE THE DATE must be in the language of the of the regulation. In Ireland, document is aimed principally 24 May ExecutionEnduring Powersand Registration of Attorney Masterclass SAVE THE DATE website (or other online inter- the Competition and Con- at traders, customers/consum- TO EXAMINE Execution and Registration face) that the customer initially sumer Protection Commission ers, and the authorities in the sought to access. will take on that responsibility. member states who will enforce THEIR ONLINE 13/14 North West General Practice Update Part I & II 13 June - 4 CPD Hours & 13 June - €100 Article 4 concerns access to Article 7 also requires mem- the regulation, it will also prove June13/14 SolisNorth Lough West EskeGeneral Castle Practice Hotel, Donegal Update Part I & II 1413 June - 64 CPD Hours & 1314 June - €135€100 goods or services. Article 4(1) ber states to adopt measures of use to lawyers, as it provides INTERFACES TO 13/14 North West General Practice Update Part I & II 13 June - 4 CPD Hours & 13 June - €100 June Solis Lough Eske Castle Hotel, Donegal 14 June - 6 CPD Hours 13 14& 14June June - €135 - €190 prohibits traders from applying to counteract infringements of many practical examples of ENSURE THAT June Solis Lough Eske Castle Hotel, Donegal 14 June - 6 CPD Hours 13 14& 14June June - €135 - €190 different general conditions of the regulation. These measures commercial activities that either 21/22 Personal Injuries Litigation Masterclass 10 including 1 Regulatory 13€350 & 14 June - €425€190 access to goods or services for must be “effective, proportion- come within or fall outside the THEY ARE NOT June21/22 Personal Injuries Litigation Masterclass Matters10 including (by Group 1 Regulatory Study) €350 €425 reasons related to a customer’s ate, and dissuasive”. Article 8 scope of the regulation. The DISCRIMINATING June21/22 Personal Injuries Litigation Masterclass Matters10 including (by Group 1 Regulatory Study) €350 €425 nationality, place of residence, requires member states to des- guide also sets out the package of June Matters (by Group Study) or place of establishment. The ignate a body to provide prac- measures proposed by the com- AGAINST prohibition applies in three situ- tical assistance to consumers in mission to boost the potential 28 June Essential Solicitor Update 6 CPD Hours €135 ations: the case of a dispute between for cross-border e-commerce CUSTOMERS 28 June 6 CPD Hours €135 InnEssential at Dromoland, Solicitor Dromoland Update Co Clare • Where the customer seeks to a consumer and a trader aris- in the EU. One such measure 28 June Essential Solicitor Update 6 CPD Hours €135 Inn at Dromoland, Dromoland Co Clare buy goods from a trader, these ing from the application of the is Regulation (EU) 2017/1128 BASED ON THEIR Inn at Dromoland, Dromoland Co Clare must be goods that are either regulation. In Ireland, the des- on cross-border portability of NATIONALITY OR deliverable to or collect- ignated body is the European online content services in the For a complete listing of upcoming events including online GDPR and Social Media Courses, Forvisit a wwww.lawsociety.ie/CPD complete listing of upcoming or contact events includinga member online of the GDPRLaw Society and Social Professional Media Courses, Training team on able from a location within Consumer Centre. internal market. LOCATION Forvisit a wwww.lawsociety.ie/CPD complete listing of upcoming or contact events includinga member online of the GDPRLaw Society and Social Professional Media Courses, Training team on visitP 01 wwww.lawsociety.ie/CPD 881 5727 E [email protected] or contact a member F of the01 Law 672 Society 4890 *ProfessionalApplicable to Training Law Society team onFinuas Skillnet members 04_19 P 01 881 5727 E [email protected] F 01 672 4890 *Applicable to Law Society Finuas Skillnet members 04_19 P 01 881 5727 E [email protected] F 01 672 4890 *Applicable to Law Society Finuas Skillnet members 04_19

LSPT Gazette ad April 2019.indd 1 22/03/2019 15:23 LSPT Gazette ad April 2019.indd 1 22/03/2019 15:23 LSPT Gazette ad April 2019.indd 1 22/03/2019 15:23 66 April 2019 BRIEFING | SBA ACCOUNTS Law Society Gazette | gazette.ie

SOLICITORS’ BENEVOLENT ASSOCIATION 155TH REPORT, 1 DECEMBER 2017 TO 30 NOVEMBER 2018 This is the 155th report of the the following: Law Society of Solicitors’ Benevolent Asso- RECEIPTS AND PAYMENTS A/C FOR YEAR ENDED 30/11/2018 Ireland, Law Society of Northern ciation, which was established in 2018 2017 Ireland, Dublin Solicitors’ Bar 1863. It is a voluntary charitable RECEIPTS € € Association, Courts Service, Fac- body, consisting of all members Subscriptions 448,721 429,962 ulty of Notaries Public in Ireland, of the profession in Ireland. It Donations 133,422 183,328 Limavady Solicitors’ Association, assists members or former mem- Investment income 61,419 65,684 Medico-Legal Society of Ireland, Legacies 2,000 bers of the solicitors’ profession – Midland Bar Association, Sher- Bank interest 6 in Ireland and their wives, hus- 18 iffs’ Association, Southern Law Repayment of grants 1,200 1,200 bands, widows, widowers, family, Association, Tipperary Solicitors’ 644,780 682,180 and immediate dependants who Bar Association, Waterford Law are in need, and it is active in giv- PAYMENTS Society, West Cork Bar Associa- ing assistance on a confidential Grants 773,058 716,928 tion, and Anthony E Collins (Law basis throughout the 32 counties. Administration expenses 55,447 59,770 Society president 1984/85). The amount paid out during Bank interest and fees 1,288 1,212 The demands on our associa- the year in grants was €773,058, Currency loss 463 2,827 tion are rising due to the pres- which was collected from mem- 830,256 780,737 ent economic difficulties and, to bers’ subscriptions, donations, cover the greater demands on the (98,557) legacies, and investment income. OPERATING DEFICIT FOR THE YEAR (185,476) association, additional fundrais- Profit on disposal of investments 152,468 Currently there are 84 ben- 50,901 ing events are necessary. Addi- Provision for decrease in the value eficiaries in receipt of regular tional subscriptions are more of quoted investments (434) (18,277) grants, and approximately half of than welcome as, of course, are (DEFICIT)/SURPLUS FOR THE YEAR (135,009) 35,634 these are themselves supporting legacies and the proceeds of any spouses and children. fundraising events. In certain There are 19 directors, three cases, the association can claim of whom reside in Northern DIRECTORS AND OTHER INFORMATION tax relief for donations of €250 Ireland, and they meet monthly or more. I would encourage bar n Directors: Thomas A Menton (chair- n Secretary: Geraldine Pearse in the Law Society’s offices at associations to run functions such man), Felicity M Foley (deputy chair- n Auditors: Deloitte Ireland LLP, Blackhall Place. They meet as CPD courses to raise funds for man), Caroline Boston (Belfast), Liam Chartered Accountants and Statutory at the Law Society in Belfast the association. Subscriptions and Coghlan (Killarney), Thomas W Enright Audit Firm, Deloitte & Touche House, every other year. The work of donations will be received by any (Birr), William B Glynn (Galway), John Earlsfort Terrace, Dublin 2 the directors, who provide their of the directors or by the secre- G Gordon (Belfast), Colin G Haddick n Financial consultants: Brewin Dol- services entirely on a voluntary tary, from whom all information (Newtownards), Niall Lavery (Dundalk), phin Wealth Management Ltd, 3 Rich- basis, consists in the main of may be obtained at 73 Park Ave- Seamus Mallon (Castleblayney), Paul view Office Park, Clonskeagh, Dublin 14 reviewing applications for grants nue, Dublin 4. Information can Malone (Borrisokane), Anne Murran n Bankers: Allied Irish Banks plc, 37 and approving of new applica- also be obtained from the asso- (Waterford), John M O’Connor (Dub- Upper O’Connell Street, Dublin 1; First tions. The directors also make ciation’s website at www.solicitors lin), John TD O’Dwyer (Ballyhaunis), Trust Bank, 92 Ann Street, Belfast BT1 themselves available to those benevolentassociation.com. I Mark Quinn (Gorey), James I Sexton 3HH who may need personal or pro- would urge all members of the (Limerick), John Sexton (Dublin), An- n Offices: Law Society of Ireland, fessional advice. association, when making their drew F Smyth (Dublin), Brendan J Blackhall Place, Dublin 7; Law Soci- The directors are grateful to own wills, to leave a legacy to Twomey (Donegal) ety of Northern Ireland, Law Society both law societies for their sup- the association. You will find the n Trustees (ex officio directors): Felic- House, 96 Victoria Street, Belfast BT1 port and, in particular, wish to appropriate wording of a bequest ity M Foley, John G Gordon, John M 3GN express thanks to Michael Quin- at p34 of the Law Directory 2018. O’Connor, Andrew F Smyth n Charity number: CHY892 lan (past-president of the Law I would like to thank all the Society of Ireland), Eileen Ewing directors and the association’s (past-president of the Law Soci- Spring Gala during the year for I wish to express particular secretary, Geraldine Pearse, for ety of Northern Ireland), Ken the benefit of our association, and appreciation to all those who their valued hard work, dedica- Murphy (director general), Alan a very sincere thanks to Michael contributed to the association tion, and assistance during the Hunter (chief executive), and the Quinlan, the members of the when applying for their practising year. personnel of both societies. The Council, and to the organisers of certificates, to those who made Law Society again organised the the gala. individual contributions, and to Thomas A Menton, chairman Law Society Gazette | gazette.ie BRIEFING | REGULATION April 2019 67

SOLICITORS DISCIPLINARY TRIBUNAL

REPORTS OF THE OUTCOMES OF SOLICITORS DISCIPLINARY TRIBUNAL INQUIRIES ARE PUBLISHED BY THE LAW SOCIETY OF IRELAND AS PROVIDED FOR IN SECTION 23 (AS AMENDED BY SECTION 17 OF THE SOLICITORS (AMENDMENT) ACT 2002) OF THE SOLICITORS (AMENDMENT) ACT 1994

In the matter of Sandra Mahon, 1) Failed to comply expeditiously, Mortgage Bank on behalf of books of appeal were lodged by solicitor, of O’Donovan Mahon within a reasonable time, or at his named clients over prop- 21 January 2019, the said appeal Cowen, Solicitors, William all with an undertaking given erty at Dublin 4, dated 14 should stand struck out with Street, Tullamore, Co Offaly, by him in respect of his named October 2008, liberty to apply or re-enter the and in the matter of the Solici- client over property at Co 7) Failed to reply adequately appeal, with costs of the appeal tors Acts 1954-2015 [2018/ Dublin to the governor of the or at all to the Society’s cor- to the applicant as against the DT32] company of Bank of Ireland, by respondence in respect of an respondent, to be taxed in default Named client (applicant) undertaking dated 12 February undertaking given by him on of agreement. Sandra Mahon (respondent 2004, behalf of his clients named cli- solicitor) 2) Failed to reply adequately or at ents over property at Dublin 4 In the matter of Aisling Malo- On 6 December 2018, the Solici- all to the Society’s correspon- and, in particular, letters dated ney, a solicitor practising as tors Disciplinary Tribunal found dence in respect of an under- 11 October 2013, 6 November AM Maloney & Co, Solicitors, the respondent solicitor guilty of taking given by him on behalf 2013, and 14 February 2014 Harbour Street, Tullamore, misconduct in respect of the fol- of the same named client over respectively, Co Offaly, and in the matter lowing complaint as set out in the property at Co Dublin and, 8) Failed to attend a meeting of the Solicitors Acts 1954-2015 applicant’s affidavit: in particular, letters dated 11 of the Complaints and Cli- [2018/DT59] 1) That she acted in an unprofes- October 2013, 6 November ent Relations Committee on Law Society of Ireland sional manner and ignored a 2013, and 14 February 2014 25 March 2014 in respect of (applicant) court order, in the absence of respectively, the complaint concerning his Aisling Maloney (respondent any evidence, which denied the 3) Failed to attend a meeting of named clients over property solicitor) applicant access to his children, the Complaints and Client at Dublin 4, despite being On 22 January 2019, the Solici- 2) That she did not provide any Relations Committee on 25 required to do so. tors Disciplinary Tribunal found evidence to justify her actions. March 2014 in respect of the the respondent solicitor guilty of complaint concerning his same The tribunal ordered that the professional misconduct in that The tribunal ordered that the named client over property matter should go forward to the she failed to ensure that there respondent solicitor stand advised at Co Dublin, despite being High Court and, on 21 Novem- was furnished to the Society an and admonished. required to do so, ber 2016, the High Court accountant’s report for the year 4) Failed to reply adequately ordered that: ended 31 December 2017 within In the matter of Damien Cas- or at all to the Society’s cor- 1) The name of the respondent six months of that date, in breach sidy, a solicitor practising as respondence in respect of an solicitor shall be struck from of regulation 26(1) of the Solici- Walker & Co, Solicitors, 22 undertaking given by him on the Roll of Solicitors, tors Accounts Regulations 2014. Sandymount Road, Dublin 4, behalf of his named clients 2) The respondent solicitor pay The tribunal ordered that the and in the matter of an applica- over property at Co Dublin to the applicant the costs respondent solicitor: tion by the Law Society of Ire- and, in particular, letters dated of the proceedings before 1) Stand censured, land to the Solicitors Disciplin- 11 October 2013, 6 November the Solicitors Disciplinary 2) Pay the sum of €1,062 as a con- ary Tribunal, and in the matter 2013, and 14 February 2014 Tribunal, tribution towards the costs of of the Solicitors Acts 1954-2015 respectively, 3) The respondent solici- the Law Society. [2466/DT111/14; High Court 5) Failed to attend a meeting tor deliver up all files to the 2016/58 SA; Court of Appeal of the Complaints and Cli- Society pursuant to provisions 2016/563 CA] ent Relations Committee on of section 19(1) of the Solicitors CONSULT A Law Society of Ireland 25 March 2014 in respect of (Amendment) Act 1960, as COLLEAGUE the complaint concerning his amended, by substitution, The Consult a Colleague helpline is (applicant) available to assist every member of the Damien Cassidy (respondent named clients over property by section 27 of the Solicitors profession with any problem, whether personal or professional. solicitor) at Co Dublin, despite being (Amendment) Act 1994. On 20 January 2016, the Solici- required to do so, CALL THE HELPLINE tors Disciplinary Tribunal found 6) Failed to reply expeditiously, The respondent solicitor 01 284 8484 the respondent solicitor guilty of within a reasonable time, or at appealed the order and, on 11 WWW.CONSULTACOLLEAGUE.IE misconduct in his practice as a all with an undertaking given January 2019, the Court of This service is completely confidential and totally independent of the Law Society solicitor in that he: by him to Bank of Ireland Appeal ordered that, unless the 68 April 2019 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

WILLS Armstrong, Aileen (deceased), RATES late of Bridge Street, Carrick- on-Shannon, Co Leitrim, and formerly of 3 Corryard, Drum- PROFESSIONAL NOTICE RATES shanbo, Co Leitrim, and formerly RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: of Saint Factchnas, 1 Kilcrea Park, Magazine Road, Cork, and • Wills – €150 (incl VAT at 23%) formerly of 54 Lewellyn Close, • Title deeds – €300 per deed (incl VAT at 23%) Grange Valley, Rathfarnham, • Employment/miscellaneous – €150 (incl VAT at 23%) Dublin 14, and also 34 Ram- leh Park, Miltown, Dublin 6, HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €30 EXTRA who died on 19 January 2019. ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE MADE Would any person having knowl- PAYABLE TO LAW SOCIETY OF IRELAND. Send your small advert details, with payment, to: edge of the whereabouts of any will made by the above-named Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. deceased please contact George Deadline for May 2019 Gazette: 10 April 2019. For further information, contact the Gazette Lynch & Son, Solicitors, Bridge office on tel: 01 672 4828. Street, Carrick-on-Shannon, Co No recruitment advertisements will be published that include references to ranges of post-qualification Leitrim; tel: 071 962 0017, email: experience (PQE). The Gazette Editorial Board has taken this decision based on legal advice that indicates [email protected] that such references may be in breach of the Employment Equality Acts 1998 and 2004.

Byrne, Michael Andrew (deceased), late of 27 Glen- perary; tel: 052 744 1355, email: Davies, Doreen (deceased), above-named deceased please down Grove, Terenure, Dublin [email protected]. If no late of St John’s House, 202 Mer- contact Sheil Solicitors, 34 Lad 6W, and formerly of 20 Emmet notice is received by this office rion Road, Dublin 4, and for- Lane, Dublin 2; tel: 01 631 0360, Court, Inchicore, Dublin 8. within 30 days from the date of merly of Ingoldsby, Crosthwaite email: [email protected] Would any person having knowl- this publication, the estate will Park South, Dun Laoghaire, Co edge of the whereabouts of a be distributed in accordance with Dublin, who died on 22 Decem- Farrington, James (deceased), will made by the above-named the rules of intestacy ber 2017. Would any person late of 2 Vincent’s Cottage, deceased, who died on 24 Janu- having knowledge of the where- Blackhorse Avenue, Dublin 7. ary 2019, please contact Richard Casey, Eugene (deceased), abouts of a will made by the Would any person having knowl- McGuinness & Co, Solicitors, late of Drumeer, Ruan, Co above-named deceased please edge of a will made by the above- 24 Sundrive Road, Dublin 12; Clare, who died on 3 October contact O’Connor Solicitors, 8 named deceased, who died on 30 tel: 01 492 1544, email: info@ 2018. Would any person hav- Clare Street, Dublin 2; tel: 01 July 2018, please contact Ban- richardmcguinness.ie ing knowledge of the where- 676 4488, email: helen.mcgrath non Solicitors, 3 The Paddocks, abouts of any will made by the @oclegal.ie Main Street, Dunshaughlin, Co Carter, Ernest (deceased), late above-named deceased please Meath; tel: 01 801 7871, email: of Craffield, Aughrim, Co Wick- contact Rory Casey, John Casey Dunne, Sean (deceased), late [email protected] low. Would any person having & Company, Solicitors, Bindon of 1 The Lane, Foxlodge Woods, knowledge of a will made by the House, Bindon Street, Ennis, Ratoath, in the county of Meath, Foley, Elizabeth (deceased), above-named deceased, who died Co Clare; tel: 065 682 8159, fax: who died on 8 September 2004. late of 28 Abbey Street, Ardna- on 13 September 2018, please 065 682 0519, email: rory.casey@ Would any person having knowl- ree, Ballina, Co Mayo, teacher of contact Deirdre Fox & Associ- caseylaw.biz edge of the whereabouts of any art and pottery, formerly of 14A ates, Solicitors, Market Square will made by the above-named Commons Road, Cork, and 14 House, Aughrim, Co Wicklow; Casserly, Frances (deceased), deceased please contact Tal- Chapel Street, Shandon, Cork, tel: 0402 36955, email: info@ late of Gillstown Little, Kells lans Solicitors, The Haymarket, who died on 10 December 2018. foxsolicitors.ie Road, Athboy, Co Meath, who Drogheda, Co Louth; tel: 041 Would any person having knowl- died on 10 January 2019. Would 983 8708, email: drogheda@ edge of the whereabouts of a Casey, Catherine Mary (orse any person having knowledge of tallans.ie will made by the above-named Irene) (deceased), late of the whereabouts of a will made deceased please contact John J Knockeevan, Clerihan, Clon- or purported to have be made Evangelidis (orse Evangelides) Gordon & Son, Solicitors, John mel, Co Tipperary, who died by the above-named deceased, Stephen (orse Steven) (orse Street, Ballina, Co Mayo; tel: 096 on 26 June 2009. Would any or if any firm is holding same, Stellos) (deceased), late of 11 21644, email: [email protected] person having knowledge of any please contact Cora Higgins, Sussex Road, Upper Leeson will made by the above-named Regan McEntee and Partners, Street, Dublin 2, who died on 22 Gilson, Hollie (deceased), late deceased, or if any firm is holding Solicitors, High Street, Trim, July 2018 at St Vincent’s Hospi- of Anner Lodge, Cappaghmore, same, please contact McCarthy Co Meath; DX 92 002 Trim; tel: tal, Dublin 4. Would any person Cloneen, Fethard, Co Tipperary/ Looby & Company, Solicitors, 046 943 1202, email: chiggins@ having knowledge of the where- Coolbawn, Fethard, Co Tipper- Church Street, Cahir, Co Tip- reganmcentee.ie abouts of any will made by the ary, who died on 17 May 2017. Law Society Gazette | gazette.ie April 2019 69 PROFESSIONAL NOTICES NOTICES

Would any person having knowl- knowledge of the whereabouts of The Rock’s, Lower Abbey Street, will apply to the county regis- edge of the whereabouts of any any will executed by the above- Cahir, who died on 15 June 2018. trar for the county of Cork for will executed by the said deceased named deceased please contact Would any person having knowl- directions as may be appropri- please contact Johanna Lacy, C Grogan & Co, Solicitors, edge a will made by the above- ate on the basis that the person Solicitors, Mespil House, Sussex 3 Isolde’s Tower, Essex Quay, named deceased please contact or persons beneficially entitled Road, Dublin 4; tel: 01 231 4600, Dublin 8; tel: 01 872 6066, email: Catherine Stack, solicitor, Stone to the superior interest including email: [email protected] [email protected] Solicitors, The Bull Ring, Wex- the freehold reversion in the said ford; tel: 053 914 6144, email: premises are unknown or unas- Glynn, Anthony (otherwise Prendergast, William (de- [email protected] certained. Tony) (deceased), late of 30 St ceased), late of 1021 Meadow Date: 5 April 2019 Bridget’s Terrace, Prospect Hill, Way, Arroyo Grande, Califor- MISCELLANEOUS Signed: O’Shea & Co, Solicitors Bohermore, Galway, who died on nia 93420L, USA. Would any Principal, based in mid-west (solicitors for the applicant), DeVal- 24 November 2016. Would any person having knowledge of the region (county town), wishing era Street, Youghal, Co Cork person having knowledge of the whereabouts of a will executed to retire, seeks interested party whereabouts of any will made by by the above-named deceased to take over long-established pri- In the matter of the Landlord the above-named deceased please on 22 August 2016, who subse- vate client firm. Absolute confi- and Tenant Acts 1967-2005 and contact EP Keane & Co, Solici- quently died on 10 August 2018, dentiality guaranteed. Reply to in the matter of the Landlord tors, 4th Floor, Queensgate, Dock please contact David Scott & Co, box no 02/03/19 and Tenant (Ground Rents) (No Road, Galway; tel: 091 561 964, Solicitors, 56 O’Connell Street, 2) Act 1978, and in the matter email: [email protected] Limerick; tel: 061 204 070, TITLE DEEDS of an application by Junebay fax: 061 409 717, email: info@ In the matter of the Landlord Limited in respect of prem- Lennon, Michael (deceased), scottsolicitors.ie and Tenant Acts 1967-2005 and ises known as 47 North Strand late of Coolboy, Tinahely, Co in them matter of the Landlord Road, Dublin 3 Wicklow, who died on 1 Feb- Rath, Mary (deceased), late of and Tenant (Ground Rents) (No Take notice that any person hav- ruary 2019. Would any person Crooked Street, Clogherhead, Co 2) Act 1978: an application by ing a freehold estate or any inter- having knowledge of the where- Louth, who died on 1 February Colin Doyle mediate interest in all that and abouts of any will made by the 1947. Would any person having Take notice that any person hav- those 47 North Strand, Dublin 3, above-named deceased please knowledge of a will made by the ing interest in the freehold estate being currently held by Junebay contact Pauline O’Toole, solici- above-named deceased, or if any or any immediate interest in the Limited (the applicant) under an tor, Main Street, Carnew, Co firm is holding same, please con- following property: all that the indenture dated 8 March 1972 Wicklow; tel: 053 942 3596, tact Branigan Berkery, Solicitors, premises known as number 1 and made between Albert Siev of email: [email protected] 29 Laurence Street, Drogheda, South Main Street in the town of the one part and Martin J O’Reilly Co Louth; tel: 041 983 1238, Youghal, parish of St Mary, bar- of the other part, that the appli- Moran, Michael (deceased), fax: 041 983 1145, email: colm@ ony of Imokilly, and county of cants, as lessees under the lease, late of 30 Shanard Road, Santry, braniganberkery.com Cork, held under a lease dated 15 intend to submit an application to Dublin 9. Would any per- January 1914 and made between the county registrar for the city of son having knowledge of any Tynan, Angela (deceased), Clarevaulx Henry Faunt of the Dublin for the acquisition of the will made by the above-named late of ‘Duhallow’, Mill Road, one part and John Millerick of freehold interest in the aforesaid deceased (who died in or around Thurles, Co Tipperary, and for- the other part for a term of 99 premises, and any party asserting the mid-1990s), please contact merly of A510 Du Cane Court, years from 25 March 1913, sub- that they hold a superior interest PG Cranny & Co, Solicitors, Balham High Road, London ject to yearly rent of £2. in the aforesaid premises or any 230 Swords Road, Santry, Dub- SW17 7JJ, England, and Ough- Take notice that Colin Doyle of them are called upon to fur- lin 9; tel: 01 842 2919, email: terard, Co Galway, who died on intends to submit an application nish evidence of title to the afore- [email protected] 9 September 2018. Would any to the county registrar for the mentioned premises to the below person having knowledge of the county of Cork for the acquisi- named within 21 days from the Moran, Theresa (deceased), whereabouts of any will made by tion of the freehold interest in date of this notice. late of 30 Shanard Road, Santry, the above-named deceased please the aforesaid property, and any In default of any such notice Dublin 9. Would any person hav- contact Butler Cunningham & party asserting that they hold a been received, Junebay Limited ing knowledge of any will made by Molony, Solicitors, Slievenamon superior interest in the aforesaid intends to proceed with the appli- the above-named deceased please Road, Thurles, Co Tipperary; premises is called upon to furnish cation before the county registrar contact PG Cranny & Co, Solici- tel: 0504 21857, fax: 0504 22230, evidence of the title to the afore- at the end of the 21 days from the tors, 230 Swords Road, Santry, email: [email protected] mentioned premises to the below date of this notice and will apply Dublin 9; tel: 01 842 2919, email: named within 21 days from the to the county registrar for the city [email protected] Weldon, Kenneth (other- date of this notice. of Dublin for directions as may be wise Ken) (deceased), late In default of any such notice appropriate on the basis that the Morrisroe, James (otherwise of 3 Richmond Park, Newline being received, the said Colin persons beneficially entitled to Jim) (deceased), late of 28 Riv- Road, Wexford, and formerly of Doyle intends to proceed with the superior interest including the erwood Crescent, Castleknock, 1 Boland’s Cottages, East Wall, the application before the county freehold reversion in each of the Dublin 15, who died on 20 April Dublin 3; 120 Charlemont, registrar at the end of the 21 days aforesaid premises are unknown 2017. Would any person having Griffith Avenue, Dublin 9; and 1 from the date of this notice and or unascertained. 70 April 2019 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

Date: 5 April 2019 In the matter of the Landlord of the said act of 1967, and in tin McCormack in respect of Signed: Griffin Solicitors (solicitors and Tenant Acts 1967-2005 and the matter of premises situate the premises at the rear of 9 for the applicant), Gabriel House, 6 in the matter of the Landlord at 22 and 22A Chapel Street, Sallymount Avenue, Ranelagh, Cypress Park, Templeogue, Dublin and Tenant (Ground Rents) (No Cork, and in the matter of an Dublin 6 6W 2) Act 1978, and in the matter application by Paul Sheehan Take notice that any person hav- of an application by DOWB and Gareth Sheehan ing an interest in the freehold In the matter of the Landlord Limited in respect of premises Take notice that any person hav- estate of land to the rear of 9 and Tenant Acts 1967-2005 and known as 34 Cabra Park, Dub- ing an interest in the freehold Sallymount Avenue, Ranelagh, in the matter of the Landlord lin 7 estate or any intermediate inter- Dublin 6, being part of the prop- and Tenant (Ground Rents) (No Take notice any person having a ests of the property known as 22 erty comprised in an indenture 2) Act 1978, and in the mat- freehold estate or any intermedi- and 22A Chapel Street, Cork, and of lease dated 15 September ter of an application by Inc- ate interest in all that and those 34 as more particularly described in 1888 between Joseph Edward ity Accommodation Limited Cabra Park, Dublin 7, being cur- the lease dated 14 January 1957 MacDermott of the one part and in respect of premises known rently held by DOWB Limited and made between the Reverend Eldred Oldham of the other part as 22 Hill Street, North City (the applicants) under indenture Aiden Ronald Cumming Olden for a term of 200 years from 15 Centre, Dublin 1 of lease dated 25 March 1920 and to Mary Hogan. September 1888 at a yearly rent Take notice any person having a made between Mary Jane Clarke Take notice that Paul Shee- of £25 (subsequently appor- freehold estate or any intermedi- of the one part and John PJ Smith han and Gareth Sheehan intend tioned), and therein described ate interest in all that and those and Kathleen Josephine Smith of to submit an application to the as “all that part of the lands of the property 22 Hill Street, the other part, take notice that county registrar sitting at the Cullenswood with the house and North City Centre, Dublin 1, the applicants, as lessees under Cork Circuit Courthouse, Wash- the premises thereon known as being currently held by Incity the lease, intend to apply to the ington Street, Cork City, for the no 9 Sallymount Avenue, Leeson Accommodation Limited, the county registrar for the city of acquisition of the freehold inter- Park, containing in front to said applicants, under indenture of Dublin for the acquisition of the est and all intermediate interests avenue 35 feet from front to rear, lease dated 10 January 1924 and freehold interest and all inter- in the aforesaid property, and any on the west side 142 feet ,and on made between Charles Coates of mediate interests in the aforesaid party asserting that they hold the the east side 157 feet, and in the the one part and John Lysaght of property, and any party asserting fee simple or any intermediate rear 32 feet, the said measure- the other part, as lessees under that they hold a superior inter- interests in the aforesaid prop- ments more or less, which said the lease, intend to apply to the est in the aforesaid property is erty are called upon to furnish premises are situate in the bar- county registrar in the city of called upon to furnish evidence of evidence of title to the said prop- ony of Upper Cross and county Dublin for the acquisition of the title to same to the below named erty to the below-named solici- of Dublin and are delineated on freehold interest and all interme- within 21 days from the date of tors within six weeks from the the map endorsed on these pres- diate interests in the aforesaid this notice. date of this notice. ents, together with such right property, and any party asserting In default of any such notice In default of any such notice of passage from the garden to that they hold a superior interest being received, the applicants being received, Paul Sheehan Chelmsford Lane at the rear of in the aforesaid property is called intend to proceed with the appli- and Gareth Sheehan intend to said demised premises as by a upon to furnish evidence of title cation before the county registrar proceed with the application certain indenture of lease dated to same to the below named at the end of 21 days from the before the county registrar at the 14 December 1871 from John within 21 days from the date of date of this notice and will apply end of this notice and will apply MacDermott to James Donovan, this notice. to the county registrar for the to the county registry for the is reserved to the lessor, his heirs In default of any such notice county of Dublin for such direc- county of Cork for directions as and assigns”. being received, the applicants tions as may be appropriate on may be appropriate on the basis Take notice that Derek intend to proceed with the appli- the on the basis that the person that the person or persons ben- McCormack and Martin Mc- cation before the county regis- or persons beneficially entitled eficially entitled to the interme- Cormack intend to submit an trar at the end of 21 days from to the superior interests includ- diate interests including the fee application to the county reg- the date of this notice and will ing the freehold reversion in the simple in the aforementioned istrar for the city of Dublin for apply to the county registrar for aforesaid property are unknown property are unknown and/or acquisition of the freehold inter- the county of Dublin for such or unascertained. unascertained. est in the aforesaid premises, and directions as may be appropri- Date: 5 April 2019 Date: 5 April 2019 any party asserting that they hold ate on the basis that the person Signed: Griffin Solicitors (solicitors Signed: JRAP O’Meara (solicitors a superior interest in the afore- or persons beneficially entitled for the applicant), Gabriel House, 6 for the applicant), 89/90 South said premises (or any of them) to the superior interests includ- Cypress Park, Templeogue, Dublin Mall, Cork are called upon to furnish evi- ing the freehold reversion in the 6W dence of the title to the afore- aforesaid property are unknown In the matter of the Landlord mentioned premises to the below or unascertained. In the matter of the Landlord and Tenant Acts 1967-2005, named within 21 days from the Date: 5 April 2019 and Tenant Acts 1967-1994 and in the matter the Land- date of this notice. Signed: Griffin Solicitors (solicitors and in the matter of section lord and Tenant (Ground Rents) In default of any such notice for the applicant), Gabriel House, 6 17 of the Landlord and Ten- (No 2) Act 1978, and in the being received, Derek McCor- Cypress Park, Templeogue, Dublin ant (Ground Rents) Act 1967, matter of an application by mack and Martin McCormack 6W and in the matter of section 8 Derek McCormack and Mar- intend to proceed with the appli- Law Society Gazette | gazette.ie April 2019 71 PROFESSIONAL NOTICES NOTICES

cation before the county regis- of the first part, the Irish Civil trar at the end of 21 days from Service (Permanent) Building the date of this notice and will Society of the second part, and IS YOUR CLIENT INTERESTED IN SELLING OR BUYING apply to the county registrar for Nicholas Hand of the third part, the city of Dublin for directions which lands are described as “all as may be appropriate on the that and those the piece or plot A 7-DAY LIQUOR LICENCE? basis that the persons beneficially of ground particularly shown and email: [email protected] entitled to the superior interest delineated on the map thereof in web: www.liquorlicencetransfers.ie including the freehold reversion the fold of these presents, and in the aforesaid premises are containing the measurements Call: 01 2091935 unknown or unascertained. and bounded as shown thereon Date: 5 April 2019 be the same several measure- Signed: Lavelle Solicitors (solicitors ments more or less, together for the applicants), St James’ House, with the stable and premises now superior interest in the aforesaid to the superior interest includ- Adelaide Road, Dublin 2 erected thereon and known as no property is called upon to furnish ing the freehold reversion in the 17 Ulster Street, Phibsborough, evidence of title to the aforesaid aforesaid property are unknown In the matter of the Landlord all of which premises are situ- property to the below named or unascertained. and Tenant Acts 1967-2005 and ate in the manor and parish of within 21 days of this notice. Date: 5 April 2019 in the matter of Landlord and Grangegorman and county of In default of any such notice Signed: Ryan & Associates (solici- Tenant (Ground Rents) (No 2) the city of Dublin” for a term of being received, Daniel Lam- tors for the applicant), 100 Lake- Act 1978 and in the matter of 188 years from 16 January 1926, bert intends to proceed with the shore Drive, Airside Business Park, an application by Daniel Lam- free of rent. application before the county Swords, Co Dublin bert Take notice that Daniel Lam- registrar for the county of Dublin Any person having an interest in bert intends to submit an appli- at the end of the 21 days from the RECRUITMENT the freehold estate or any inter- cation to the county registrar date of this notice and will apply Locum solicitor required for mediate interest in the property for the county of Dublin for the to the county registrar for the busy south-west of Ireland prac- known as 17 Ulster Street, Dub- acquisition of the freehold inter- county of Dublin for such orders tice from 1 May 2019 to 1 March lin 7, held pursuant to the inden- est and all intermediate interest or directions as may appropri- 2020, specialising in the area ture of lease made on 5 February in the aforesaid property, and any ate on the basis that the person of criminal and civil litigation. 1926 between Mary Dinnage party asserting that they hold a or persons beneficially entitled Reply to box no 01/03/19

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DE MINIMIS NON CURAT LEX I PUT IT TO YOU THAT I AM, IN FACT, LOVIN’ IT Some British barristers may be better off flipping burgers, bbc.com reports. Criminal Bar Association chairman Chris Henley said “too often, fees for prosecut- ing produce hourly rates worse than wages at McDonald’s”. Henley noted that barristers working on standard hearings are paid just £46.50. This equates to roughly £5 an hour. Figures published by the Bar Council show that the average criminal barrister earns around £40,000 a year. However, over- heads can see this drop to just £28,000. Still significantly higher than CAMBRIA AND CALIBRI SAVE THE DAY the starting salary at McDon- A font issue is responsible for “The conclusion that the ald’s (currently £16,640 or exposing an alleged fraud in trusts are shams is unavoidable,” £8 an hour), it’s worth noting Canada, Newser.com reports. Ontario Superior Court Justice that the Bar Council’s figure is When Gerald McGoey’s Michael Penny wrote. an average – in reality, many company went bankrupt, he So that’s the reason that Times barristers working on a fixed- was ordered to pay $5.6 million New Roman is popular among fee basis are earning well to creditors. He sought to pro- lawyers… under the minimum wage, due tect two properties with signed to the hours spent working on declarations claiming that they a case. were held in trust by his wife NOW and three children, and therefore safe from the courts. between 2002 and 2004 – but THAT’S A NESCIO The problem was that one both only became widely avail- QUID declaration (dated 2004) was able in 2007. A self-described HUNTIN’ written in Calibri, while the ‘font detective’ told the court DICAS other (dated 1995) was written that no one but a Microsoft DOG A law firm sent a client with a in Cambria. But the Cambria employee or contractor could A man who was shot by his dog learning difficulties letters that font wasn’t designed until 2004, have had access to Calibri in has been ruled unfit to carry a were “full of technical and Latin while Calibri was designed March 2004. firearms licence in Germany, The phrases”, Legal Cheek reports. Independent reports. Despite being repeatedly The man was wounded in the asked by the client to write let- TOP JUDGE ‘HATED arm in 2016 after his dog managed ters in plain English and to to pull the trigger on a loaded explain any difficult concepts, STUDYING LAW’ rifle left in his car. A Munich the unnamed firm sent a number English Court of Appeal judge ing the teenage me,” she said, court dismissed the man’s appeal of pieces of correspondence con- Nicola Davies has said that “I would say to her, ‘do English against an earlier ruling to revoke taining phrases such as ‘ab initio’ she loathed studying law and or history at university’. I didn’t his rifle licence and his hunting and ‘prima facie’. The example wishes she’d done English or realise that I could do a non-law permit. The court decided the of ‘poor service’ appears in fresh history instead, reports Legal degree and then become a law- hunter was unreliable “because guidance on the Legal Ombuds- Cheek. Davies was speaking yer. It would have given me a it must be assumed that he will man’s approach to determining to fellow jurist Heather Hallett breadth at that early age that I handle firearms and ammunition consumer complaints. on a podcast: “If I was advis- didn’t have.” carelessly in future as well”. Career Opportunity Legal Research Manager (Assistant Principal Officer)

The Courts Service is offering an excellent opportunity at a senior management level as Legal Research Manager in Smithfield, Dublin 7. The purpose of this role is to work as part of a team to lead and manage the provision of legal research and court support duties to judges of the Supreme Court, Court of Appeal, High Court, Circuit Court and District Court. Each candidate must on or before 16th April 2019: • hold an honours Law Degree (Level 8 in the National Framework of Qualifications) with at least 2.1 honours and a recognised relevant professional qualification, for example, a qualified Solicitor or Barrister. • demonstrate in-depth and up to date knowledge of Irish law and the Irish legal system, including contemporary statute and case law; • demonstrate excellent research skills and have experience of undertaking research and leading research projects and services; • demonstrate strong written and oral communication skills; and • possess high level ICT skills required for research purposes and be familiar with the use of commercial and open access on-line electronic law sources. The Information Booklet and Application Form for this position can be found on www.courts.ie. Alternatively, you can contact [email protected] or telephone 01-8886055 to request same. Closing date for applications is Tuesday 16th April 2019 at 16:00

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Save & New New Share via Forms & New More Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase DSETAILSave & New New Share via Forms & New CORRESPONDENCEMore Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE 150017 Search correspondence IN PROGRESS Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase MarianDETAILS Hughes CORRESPONDENCE DETAILS IN PROGRESS CORRESPONDENCE Search DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE Application to change the register JL Mar 23, 2018 Buyer150017 Mr James Dunne & Mrs Agnes Dunne Search correspondence IN PROGRESS Staff Application to change the purchase date Marian Hughes LEAP 9:41 AM DETAILS 100% IN PROGRESS CORRESPONDENCE Search Matter Type Purchase of 14 Beech Park Avenue Marian Hughes Created: 23/03/2018, 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 Application to change the register JL Mar 23, 2018 ComplianceBuyer DateMr James AML checksDunne &complete Mrs Agnes 08/03/2018. Dunne 0012/AJC/2018 From: Marian Hughes Dunne - Purchase from Brennan BuyerStaff Application to change the purchase date DETAILSLEAP CORRESPONDENCE9:41 AM CALENDARJL 100% Mar 23, 2018 SellerMatter Type TrantersPurchase LLP of 14 - Ref: Beech 67877/Brennan Park Avenue [email protected] MrMarian James Hughes Dunne & Mrs Agnes Dunne LetterCreated: to 23/03/2018, Solicitors confirmation 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 From: Marian Hughes SellersCompliance Solicitor DrDate Brian AML Brennan checks complete 08/03/2018. 0012/AJC/2018Search Created: 23/03/2018, 11:13 AM DunneScanned - Purchase Property Plansfrom Brennan MatterBuyerJL Type Mar 21, 2018 From: Marian Hughes DETAILS CORRESPONDENCE CALENDARJL Mar 23, 2018 Seller MrTranters Michael LLP Cullen - Ref: 67877/Brennan [email protected] to change theMr register James Dunne & Mrs Agnes Dunne Letter to Solicitors confirmation Created: 23/03/2018, 10:23AMPurchase of 14 Beech Park Avenue Dunne - Documentation required for sale Created: 23/03/2018, 11:13 AM PropertySellers Solicitor 14Dr BrianBeech Brennan Park Avenue, Foxrock, Dublin 18 From: Marian HughesSearch JL Mar 21, 2018 Dunne - Purchase from Brennan [email protected] Scanned Property Plans ComplianceMatterJL Type Mar 21, 2018 Created:From: Marian 23/03/2018, Hughes 11:00 AM Application to change the register Land Registry LandMr Michael Registry Cullen (Dublin) Letter to Solicitors confirmingPurchase ins... of 14 Beech Park Avenue Created: 23/03/2018, 11:13AM10:23AMDate AML checks complete: 01/03/20... From: Marian Hughes 1 DunneSurvey -Report Documentation - 14 Beech required Park Avenue for sale JL Mar 20, 2018 Property 14 Beech Park Avenue, Foxrock, Dublin 18 From: Marian Hughes JL Mar 21, 2018 Dunne - Purchase from Brennan Conveyancing Details Price: €695,000.00 [email protected] SellerCompliance ScannedCreated: 23/03/2018, Property Plans 11:00 AM EstateLand Registry Agent GreenfoldLand Registry Estates (Dublin) - Ref: 14 Beech Park... DunneLetter to - PurchaseSolicitors confirmingfrom Brennan ins... Completion StatementCreated: 23/03/2018, 11:13AMDrDate BrianJL AML Brennan checksMar complete: 19, 2018 01/03/20... From: Marian Hughes 1 Survey Report - 14 BeechCreated: Park 23/03/2018, Avenue 11:00AM JL Mar 20, 2018 Created: 21/03/2018, 10:43 AM Conveyancing Details MrPrice: Brian €695,000.00 Brooks From: Marian Hughes 1 From: Marian Hughes SellersSeller Solicitor Scanned Property Plans Telephone with Client Dunne- advised - Purchase of possib... from BrennanJL Mar 18, 2018 LenderEstate Agent HSBCGreenfold Bank Estates - Ref: -Dunne/87876566/... Ref: 14 Beech Park... Completion StatementScanned Property Plans TrantersDr BrianJL BrennanLLP - Ref:Mar 67877/Brennan 19, 2018 Created: 21/03/2018,23/03/2018, 10:43AM11:00AM DunneCreated: - 21/03/2018,Documentation 10:43 required AM Bank Details AccountMr Brian Number:Brooks 56791572 From: Marian Hughes 1 From: Marian Hughes Letter to Lender sending Report on Title JL Mar 16, 2018 Created: 21/03/2018, 11:22 AM Telephone with Client - advised of possib...PropertySellersJL Solicitor Scanned Property Plans Mar 18, 2018 From: Marian Hughes 1 LocalLender Authority CityHSBC of BankDublin - Ref:Council Dunne/87876566/... Dunne - Documentation required...14Tranters Beech LLP Park - Ref:Avenue, 67877/Brennan Foxrock, Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM10:43AM Dunne - Documentation required JL LocalBank DetailsAuthority Details District:Account DublinNumber: 56791572 [email protected] From: Marian Hughes 1 Mar 15, 2018 Created: 21/03/2018, 11:22 AM Letter to Lender sending Report on Title LandPropertyJL RegistryMar 16, 2018 Survey Report - 14 Beech Park Avenue Local Authority City of Dublin Council Created:From: Marian 20/03/2018, Hughes 2:50 PM 1 SurveyDunne -Report Documentation - 14 Beech required...Land14 Park... Beech Registry Park (Dublin) Avenue, Foxrock, Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM Local Authority Details District: Dublin Created: 20/03/2018, 2:50PM JL From: Marian Hughes [email protected] From: Marian Hughes 1 Mar 15, 2018 Land Registry Survey Report - 14 Beech Park Avenue Created: 20/03/2018, 2:50 PM Survey Report - 14 BeechLand Park... Registry (Dublin) Created: 20/03/2018, 2:50PM From: Marian Hughes From: Marian Hughes

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