LAW SOCIETY

Gazette€3.75 Aug/Sept 2007

BRINGINGBRINGING HOMEHOME THETHE TAXTAX BACON:BACON: Are young trained farmers on the pig’s back?

INSIDE: SOLICITORS ON THE BENCH • CRIMINAL JUSTICE ACT 2007 • COUNTY FOCUS • YOUR LETTERS

LAW SOCIETY GAZETTE AUG/SEPT 2007 CONTENTS

On the cover LAW SOCIETY The 2007 Finance Act has introduced some new tax reliefs for young, trained farmers. So, are they now Gazette makin’ bacon? Gazette Aug/Sept 2007 PIC: REX FEATURES

Volume 101, number 7 Subscriptions: €57 REGULARS 5 President’s message 7 News Comment 17 17 Letters 18 Viewpoint: new PIAB legislation rammed through the Dáil

Analysis 20 20 News feature: Third Programme of Law Reform public consultation 9 23 News feature: family law research project focuses on child care 24 Human rights watch: public expressions of religious identity in schools 24 One to watch: Child Care (Amendment) Act 2007 49 People and places 55 Student spotlight Briefing 56 56 Council report 57 Practice notes 63 Legislation update: 19 June – 20 August 2007 67 Solicitors Disciplinary Tribunal 49 68 Firstlaw update 70 Eurlegal: recent developments in European law 72 Professional notices 79 Recruitment advertising

Editor: Mark McDermott. Deputy editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 73. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 01 837 5018, fax: 01 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Pamela Cassidy, Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, 51 Ken Murphy, Philip Nolan, William Prentice.

2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE AUG/SEPT 2007

Get more at lawsociety.ie PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO: LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up to the current issue at lawsociety.ie. COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] You can also check out: • Current news HAVE YOU MOVED? Members of the profession should send change-of-address • Forthcoming events, including the ABA details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] conference in Dublin on 30 September Subscribers to the Gazette should send change-of-address details to: • Employment opportunities Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • The latest CPD courses HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. … as well as lots of other useful information Tel: 01 672 4828, fax: 01 672 4877, email: [email protected]

FEATURES COVER STORY: 28 Making hay while the sun shines The Finance Act 2007 has updated the previous ‘young trained farmer relief’ and introduced other reliefs. Emmet Scully pulls on his wellies and digs the dirt

The right stuff 32 Only two appointments of solicitors directly to the superior courts have been made in the past five years, despite solicitors constituting 80% of all practising lawyers. Jennifer Carroll lifts the veil on what it takes to be a solicitor and sit on the bench of the Supreme and High Courts

And throw away the key 36 Apart from the right to silence, the Criminal Justice Act 2007 makes a number of changes to other areas of law – principally bail, sentencing and detention. Diarmuid Collins picks the lock for practitioners 32 A question of trust 40 Parents concerned with setting up the most suitable type of inheritance for their children will wish to do so in the most tax-efficient manner – while also seeking to protect their offspring from inheriting at an immature age. Aileen Keogan provides some trusty advice on how solicitors can best ensure that their clients’ desires are properly met

Birthplace of heroes 44 In the first of an ongoing series of profiles of bar associations around the country, Colin Murphy travelled to Dundalk for the Gazette to take the pulse of the Louth Solicitors’ Bar Association

The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Email: [email protected] Law Society website: www.lawsociety.ie 44

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PRESIDENT’S MESSAGE LAW SOCIETY GAZETTE AUG/SEPT 2007 Practice makes perfect

heard a view expressed recently that, with the provide facilities to advent of ‘e-conveyancing’, one could expect a partnerships to conduct transaction to be completed within five days their business affairs in from offer to registration. The aim is, of this way. The failure to I course, to make the whole transaction simpler legislate in this area puts and quicker. It is likely that the requirements for Ireland at a disadvantage compulsory registration of title will be expanded towards its competitors. considerably in the near future. In order to facilitate All of this means that this, colleagues may well be asked to certify title to a solicitors must be ready to far greater extent than is currently the practice. This adapt to the changing face would enable the Property Registration Authority to of practice. We have complete registrations in a more timely manner. It always shown an ability to may also happen that bodies, other than solicitors, will do this. Since the country want to get involved in this kind of work. has experienced increased We appear to be living in an age when prosperity, more and more supermarkets, airlines and others now offer a very of our work is related to wide range of financial services. Personally, I favour a the commercial sphere. situation where people stick to what they do best, and The position of the ‘family solicitor’ in society is “Our challenge do it well. However, the onward march of going to change. To paraphrase Mark Twain, rumours is to move with globalisation looks like it is here to stay. There are of the death of the family solicitor have been greatly very worrying trends from the American economy in exaggerated. However, it is without doubt much more those changes relation to sub-prime lenders. It has been shown that difficult for the smaller firm to compete in the and to urge our our own economy is just as exposed to these harsh marketplace and to attract increasingly specialised winds. Colleagues that practise in conveyancing will business. Many new solicitors who qualify today, while legislators to be aware of the growing number of financial services achieving very high marks in their exams, end up in be innovative companies that offer mortgages that people have little very narrow areas of law, particularly relating to or no prospect of repaying. The inducement of banking. I would urge every trainee and newly- and take the reduced fees or no fees is often a blatant lie. qualified solicitor to ensure that, prior to best practice In relation to the practice of litigation, apart from specialisation, they acquire a detailed knowledge of the obvious changes that have occurred in the last few the basic elements of private practice. from other years, there is great pressure now to engage in There are times, particularly with the advent of jurisdictions” mediation and arbitration. These are skills that I some piece of legislation, when the profession feels would encourage colleagues to engage in and equip that a radical change of practice is about to take place. themselves with. Just as in conveyancing, where the The reality is much less dramatic – substantial trend is to make things simpler and quicker, the same changes are occurring all the time, albeit quietly. Our pressures arise in relation to litigation. We will, challenge is to move with those changes and to urge sooner rather than later, begin to see documents our legislators to be innovative and take the best being filed electronically, with a much greater use of practice from other jurisdictions. These changes technology than we have seen previously. ought to be guided by the principle of what is right There is an opportunity for the government, when for the client, the preservation of the rule of law and the Civil Law (Miscellaneous Provisions) Bill is re- the independence of the profession. G introduced later in the year, to amend the legislation in this area. The jurisdictions of the US, Canada, Philip M Joyce England, Wales, Scotland and Northern Ireland all President

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■ MAYO Proposed Ballina closure resisted Colleagues throughout the county are unhappy with the proposals from the Courts Service to shut down the court office in Ballina, which would oblige practitioners from the town and neighbouring Killala to lodge their court papers in Castlebar. Speaking to the Gazette (in the absence of bar association president Pat The Roscommon Bar Association, with the support of the Longford and Leitrim Bar Associations, O’Connor), Gareth Bourke attended a CPD seminar on the Property Registration Authority in July assures us that practitioners in Mayo “fully support the sanctions at EU level for newfound impetus to the CPD selected hotel in Bordeaux has resisting of attempts by the breaches of environmental law. officer for the association, been undergoing a substantial Courts Service to close down The seminar attracted a large Mary Rose McNally. “She has make-over and would not have the Ballina office”. audience of practitioners and great energy and hopes to been ready in time due to In Swinford, up to 30 local business people. The EU organise at least two more chronic overruns. However, colleagues gathered for the visit and International Affairs seminars between now and the following the global conferences of President of the Law Society Committee hopes to organise end of the year.” of recent years, including Philip Joyce and the director similar talks in other locations One of the more recent Argentina, Russia, South Africa general, Ken Murphy. around Ireland this autumn, seminars included a well- and mainland Europe, perhaps Non-jury sittings of the including Galway in September. attended CPD seminar and Mayo will prove to be just right High Court will take place in presentation by Catherine in terms of ease of travel, allied the autumn in Castlebar. ■ ROSCOMMON Treacy of the Property with the beauty of the west and Mayo has recently joined It’s a ’60s revival! Registration Authority (PRA) the luxurious surroundings of Dublin and a number of other Pádraig Kelly of the and her staff at Roscommon in Ashford Castle. bar associations by launching its Roscommon Bar Association is July. In view of the relocation John Glynn, who co- own website. The site can be lauding the positive effects of of part of the PRA offices to ordinates the DSBA website so viewed at: www.mayosolicitors CPD for local bar associations. the county, the seminar was successfully, reports on barassociation.com. Throughout the ’80s and ’90s, opened also to local engineers. significant hits to the site in the sum total of bar association The Roscommon association, recent times. The website is ■ LIMERICK activity in Roscommon would with the support of the packed with up-to-the minute Going green have been the dress-dance Longford and Leitrim Bar practical information and In June, the EU and function and annual dinner in Associations, has hosted a members and colleagues are International Affairs the Silver Eel Hotel, number of local seminars to encouraged to visit the site. Committee of the Law Society Strokestown (hosted by the late ensure that members complete The DSBA wishes Aaron hosted a seminar on EU Peter A Connellan, solicitor their CPD point-cycle locally. McKenna the very best as he environmental law and policy in and judge – a legendary event takes up a new position in Limerick. The half-day seminar that was always well ■ DUBLIN County Louth. Aaron has been was held in conjunction with supported). But then things The ‘Shelbourne factor’ a council member for a number the European Commission started to languish. Pádraig The DSBA annual conference of years and has proved a great Representation in Ireland, the attributes the revival of the will take place in Ashford Castle asset to the association. His University of Limerick and association to the advent of the in Cong, Co Mayo, from work in the litigation and Limerick City Council. It CPD courses. “We refuse to Thursday 18 (optional) to human rights areas will be included talks on climate hold courses that cost more Sunday 21 October. Of course, sorely missed. G change and energy policy, the than €50 a pop. We seem to DSBA President David Bergin energy rating directive, waste have no problem with numbers is disappointed that Bordeaux ‘Nationwide’ is compiled by Kevin and water policy and the and the variety of topics,” he didn’t work out on account of O’Higgins, principal of the Dublin introduction of criminal says. He attributes much of this the ‘Shelbourne factor’. The law firm Kevin O’Higgins.

www.lawsociety.ie 7 LAW SOCIETY GAZETTE AUG/SEPT 2007 NEWS PIAB Bill attacked by opposition

bill to amend the PIAB Act Awas subjected to a blistering attack by opposition deputies as it was introduced, effectively as emergency legislation, by the Minister for Enterprise, Trade and Employment, Micheál Martin, on 4 July 2007. Despite a barrage of opposition attacks, however, the government’s majority ensured the bill was passed and is now law. Introducing the bill, Minister Martin said that one of its main Micheál Martin: pushed Lucinda Creighton: bill ‘blatantly Ruairí Quinn: asked for two PIAB Bill unconstitutional’ amendments purposes was to provide that, in certain circumstances, where a was opposed to this new bill. have been subjected to some esteemed constitutional lawyer claimant rejected a PIAB assess- He described it as “a serious form of personal injury, but it on these matters” and he urged ment that had been accepted by step in terms of the rights of seems that the government the minister to accept two a respondent, and where he or citizens, aiming as it does to now wants to punish them.” Labour Party amendments she failed in any subsequent restrict, through discourage- She described the bill as designed, in effect, to ensure proceedings to get more than ment, the exercising of “blatantly unconstitutional” this legislation would be the amount of the PIAB legitimate, democratic and legal and said that the minister’s constitutional. He read the assessment, he or she would not rights”. He argued that the insistence on pushing the bill conclusions of Gerard Hogan’s be entitled to legal costs. In government’s focus of attention – regardless of the opinion into the record of the addition, no legal costs in future should be elsewhere, in that “in constitutional issues – was Dáil. He urged the minister to would be allowed for the making its rush to tackle the little guy, “remiss and arrogant”. reconsider, adding: “This is a of an application to PIAB. the government is ignoring the Charles Flanagan of Fine reckless way to proceed.” The minister described these massive profit increases of Gael also criticised the Deputy Willie Penrose of measures as “pro-consumer, in insurance companies since the guillotining of the bill in Labour said, “It is clear the as much as they highlight the introduction of the PIAB”. advance of the Dáil’s summer major winner from the cost risks in taking legal Lucinda Creighton TD vacation. He described the bill introduction of the Personal proceedings and contribute to (Fine Gael) described the as giving PIAB further powers Injuries Assessment Board was lower insurance costs”. amendment bill as “attacking “in such a way as to stack the the insurance industry.” He said that, prior to the bill, the freedom of equality before odds in favour of the insurance He added: “This road is one- PIAB assessments were the law and equality of industry, of which the PIAB is way. I am disappointed with the proceeding to litigation “for the representation” and said that it nothing more than a puppet”. trade union movement. It sole purpose of securing costs” was being pushed through by The bill was “an attempt to represents workers in the and that the original purpose of the government “in a style that muzzle the vulnerable and the industry and I have not heard a the PIAB Act was “being is redolent of the Politburo in voiceless”. squeak out of them.” circumvented”. Soviet Russia”. In her view, the Labour Party spokesman, Deputies Michael Darcy and Fine Gael spokesman Phil bill “aims at narrowing the Ruairi Quinn TD, pointed out James Bannon of Fine Gael, Hogan TD was withering in his options available to members of that his party had also and Kathleen Lynch of Labour, response. He pointed out that the public who are seeking supported the introduction of also spoke in opposition to the Fine Gael had supported the justice”. She continued: “These PIAB, but he referred to “the bill. Deputies Michael McGrath setting up of the Personal people are not wrongdoers. legal opinion received from Mr and Michael Kennedy of Fianna Injuries Assessment Board but They are innocent victims who Gerard Hogan, Ireland’s most Fáil spoke in support of it.

HUMAN RIGHTS AND CRIMINAL LAW CONFERENCE

This year’s annual joint conference between the Irish Human The conference will focus primarily on the importance of incor- Rights Commission and the Law Society of Ireland will take porating human rights’ standards into criminal justice policy, place on Saturday 13 October at Blackhall Place, with a nomi- legislation and practice. nal charge for admission. The broad theme of this year’s con- ference centres on Human Rights and Criminal Law. There will For further information, see the Law Society’s website: be a diverse range of both national and international speakers www.lawsociety.ie (‘Forthcoming events’) or contact with expertise in the area of human rights and criminal justice. Anthea Moore at [email protected] or 01 672 4961.

8 www.lawsociety.ie NEWS LAW SOCIETY GAZETTE AUG/SEPT 2007

Complaints section wins ABA on tour! he Law Society and the THonourable Society of the quality kudos from ISO King’s Inns are inviting lawyers in Ireland to a meeting of the he National Standards standards – including The renewed certification American Bar Association (ABA) TAuthority of Ireland improving performance demonstrates that the International Section in Dublin, (NSAI) has renewed the ISO wherever possible. As this Complaints and Client Relations from 30 September to 2 9001:2000 quality certification section of the Society section is continuing to deliver a October. that the Society’s Complaints investigates complaints made in service that has been independ- The programme on 1 and Client Relations section relation to the entire ently assessed and found to be of October will take place at first achieved in May 2003. profession, it is vital that its an internationally-recognised Blackhall Place and will include Following their audit in July, own house is in order. standard. sessions on Irish and EC the authority reports that all competition law, inward the appropriate regulatory PIC: LENSMEN investment, financial services, requirements are being met, and the rule of law in dispute and that the section has in resolution. Speakers will place a quality management include the Minister for system that is well managed. Enterprise Trade and Their report concludes that the Employment, Micheál Martin management system meets the TD, the Director of Public requirements of all those Prosecutions James Hamilton, making enquiries and Carolyn Galbreath (Competition complaints to this section of Authority), Professor Imelda the Society, be they members Maher (Sutherland Professor of of the public or the profession. European Law), Rory Brady SC The Complaints and Client and Dr Martin Mansergh TD, Relations section is committed among others. to providing the highest quality Just some of the staff in Complaints and Client Relations, On 2 October at the of service to ISO 9001:2000 celebrating their ISO achievement Honourable Society of King’s Inns, sessions will explore the influence of US jurisprudence in As the CRO flies to Carlow Ireland, and a mock competition law trial. Speakers ince Friday 27 July, the update a customer account; • All mortgage/charge will include the Attorney General Sreceipt of the majority of • All submissions to: change submissions, including of Ireland Paul Gallagher SC, Mr postal filings and the director/secretary satisfactions of charge; Justice Liam McKechnie and registration of annual returns information; change the • All new company leading senior counsel: Michael with the Companies registered office of a incorporation applications; Collins SC, Donal O’Donnell SC Registration Office is being company; change share • All change of company name and Paul Sreenan SC. carried out in their new capital; change from or to submissions; The full agenda can be Carlow office. It should be single member company • All re-registration of viewed at: www.abanet.org/ pointed out that there is no status; change auditor company-type documents; intlaw/fall07/agenda_ public office in Carlow – the information; change the • All business names dublin.html. public office remains in Parnell register of members, documents; The rate for the full meeting Square. debenture holders, directors • All submissions for external is US $250. Solicitors wishing Please note the postal service contracts and so on. companies; to attend on Monday only can address for Carlow: Companies • All applications for benefit from a rate of US $175. Registration Office, O’Brien Parnell House electronic filing agents (J To attend the Tuesday Road, Carlow. Certain documents (outlined forms); and programme only, a rate of US The following submissions below) and all general • All requests for voluntary $90 is available. (Availability is should be sent to Carlow: correspondence should continue strike-off (enforcement limited.) To register, please log • Annual returns; to be sent to Parnell House. section). onto the ‘forthcoming events’ • All resolutions and The envelope should clearly section of the Law Society memorandums and articles; indicate the section of the office The postal address for Parnell website (www.lawsociety.ie) or • All liquidation, receivership to which it is being submitted. House remains: Companies contact Mary Jordan Mullinax and examinership documents; The following submissions Registration Office, Parnell by email at: mullinam@ • All prospectuses, documents should still be sent to Parnell House, 14 Parnell Square, staff.abanet.org. to be lodged to open or House: Dublin 1.

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NEWS LAW SOCIETY GAZETTE AUG/SEPT 2007

■ COUNCIL ELECTION DATES Find the correct Finance As required by the Society’s bye-laws, the Council has set Monday 24 September 2007 as Act certificates – online the final date for receipt of evenue has recently revguide/stampduty/stampduty nominations for the Council Rlaunched a new web-based cert1.htm. election 2007, and Thursday method to help solicitors find It can also be accessed from 1 November 2007 as the the correct Finance Act the home page, www.revenue.ie close-of-poll date. certificates for stamp duty when either on: drafting deeds. Members of the • The ‘Stamp duty’ page, by ■ LAWYERS UNDER STRESS Society’s Conveyancing clicking on ‘Tax & duty’ One in four lawyers in Britain Committee and Technology (under ‘Your guide’ on the want to leave the profession Committee, along with other left-hand side of the home because of stress and long practitioners, have worked with page), then on the links hours, according to a survey Revenue in the analysis and ‘Duties’/‘Stamp duties’, and published by The Lawyer user-testing phases of this (scrolling down) ‘Certificates magazine. The poll of 2,500 project and are happy to to be included in deeds’, or lawyers also indicates that recommend it to the profession. • The ‘Practitioners’ page, by assistant solicitors – those who Any further suggestions for Commissioners, Dublin Castle, clicking on ‘For are not partners – are even improvement or expansion of Dublin 2, or by email to: practitioners’ (under more unhappy, with more than the routine, or in relation to [email protected]. ‘Information’ on the left- one-third wanting to give up e-stamping in general, should The new method is now live hand side of the home page) their jobs. The survey confirms be directed to: Mick on Revenue’s website and can and then (scrolling down) that there is widespread O’Hanlon, E-stamping be accessed through the and clicking on ‘Stamp duty dissatisfaction with the work/life Project, Revenue following link: www.revenue.ie/ certificates’. balance in law, despite record levels of pay. It also shows that one-fifth of managing partners – Circuit Court trials jump by one-fifth those in charge of firms – wish he number of criminal trials kidnap, violent disorder (riot), and trial time to judges. they were in another job. Most Tdealt with and disposed of in and death by dangerous driving, As many as 2,039 defendants lawyers feel unable to move on, the Circuit Court has increased among others. pleaded guilty in the Circuit however, chiefly because of the by over one-fifth (21%) in the The increase in cases heard is Court, compared with 1,844 in cut in pay that would follow. past two years. In 2006, as many principally due to a reduction in 2005. A total of 153 defendants as 2,566 trials were dealt with in the numbers of appeals against were convicted by juries, ■ SINGLE EU LAW OFFICE? the Circuit Court – up from the verdicts and sentences of the representing almost 7% of the Ireland is to oppose a move to 2,118 in 2004. District Court – down 44% – total number disposed of – appoint a single European The Circuit Criminal Court thus freeing up judges’ time; marginally higher than last year. prosecutor with powers to sits across the country and hears extra judicial resources assigned Waiting times for Circuit initiate investigations into a broad range of serious crime – to 15 Circuit Criminal Courts Court criminal trials are below serious cross-border crimes. The all except for murder and rape. in cases expected to take long six months in many areas, controversial proposal was put Matters dealt with include fraud, periods of time; and changes to including Wexford, Meath, forward by EU Home Affairs serious charges of supply and court rules that have allowed Offaly, Roscommon, Commissioner Franco Frattini. possession of drugs, assault county registrars hear a broader Monaghan, Longford, Ireland, however, is opposing causing harm, manslaughter, set of pre-trial motions in civil Limerick, Galway, Clare, Louth the plan with a group of other abduction/holding against will/ cases, again allowing more court and Cork. member states. The Department of Justice says that an EU prosecutor would undermine the Changes to student website access independence of the Director of rom September 2007, the the site, but will differ from be a ‘Forgot my password’ Public Prosecutions and would Flogon procedure for student the ‘member’ logon. Students option, which will allow be incompatible with the Irish access to the Law Society’s will be prompted to enter their students to reset their common law system. website will change. The initial password and then asked password. This option will changes are being made in to change their password. mail a new password to the ■ RETIREMENT TRUST order to improve security and They will then be routed to student’s Law School mail SCHEME privacy for student data and the Law Society site and account. Unit prices: 1 August 2007 traineeship records for the services, which will include For students in between Managed fund: €6.197250 duration of training contracts. access to the Law School’s PPCI and PPCII, please mail All-equity fund: €1.493843 The logon link will remain ‘online utility’. [email protected] for further Cash fund: €2.756436 in the top right-hand corner of One of the new features will details. Long-bond fund: €1.350412

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NEWS LAW SOCIETY GAZETTE AUG/SEPT 2007 Society launches winter programme

utumn has begun (some Law (also by videolink to Cork) Awould say two months and a new course, the Diploma ago!) and now is the time to in Commercial Litigation. In start thinking about evening November, the Diploma in classes and up-skilling during Applied Finance Law begins. It the winter. The Law Society is is designed to provide offering a wide range of courses participants with a solid and in- in its diploma programme. The depth understanding of the law commitment required is just in relation to the provision of one evening a week (or financial services. Saturday morning, depending In addition, a selection of on the course) over a six-month language courses are on offer period. By next spring, you – the Diploma in Legal could have a Law Society French, run in conjunction diploma parchment hanging on with the Alliance Française; your wall – while satisfying the Diploma in Commercial Conveyancing, which will be of the Certificate in Legal your CPD obligations in the Property, aimed at those already interest to conveyancing German, operated in process. working in sphere of solicitors who are eager to conjunction with the Goethe The Diploma in Trust and commercial property or those refresh their knowledge or Institut; and the Certificate Estate Planning begins in practitioners or trainees who are inform themselves of recent in Spanish Law. September and is offered jointly keen to develop their practice in developments. The course will The complete 2007/08 by the Law Society of Ireland this area. Topics include: focus on: acting for a developer, programme and course and the Society of Trust and planning and environmental acting for a client who is timetables can be viewed online Estate Practitioners (STEP). law, key issues when acting for a purchasing a hotel or a licensed at: www.lawsociety.ie (click on This course is designed to developer, key issues in new premises or agricultural ‘Diploma programme’). Places enable successful candidates to schemes of development, design holding, acting for clients who are still available but, to avoid advise clients on all aspects of responsibility of contractors, are lessors and lessees of disappointment, it’s the creation of wills, the commercial leases, commercial commercial properties, and recommended that you forward operation of trusts, tax lending, tax, and commercial legal issues in relation to multi- your application form and implications that may arise and property and licensing. unit and managed properties. payment of €2,100 to the overall estate planning for The Law Society’s base in On offer in October are: a diploma team without delay. clients. Cork is introducing a new Diploma in Family Law, Email: diplomateam@ Also starting in September is Certificate in Applied the Diploma in Employment lawsociety.ie, tel: 01 672 4802.

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VERBATIM TRANSCRIPTS

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NEWS LAW SOCIETY GAZETTE AUG/SEPT 2007

SUPPORT SERVICES FOR MEMBERS GOING IT ALONE Answers to questions frequently asked by solicitors intending to practise on their own behalf or in partnership

icola Darby of the Society’s May I practise under a name practice accounting period in NRegulation Department deals 4 other than my own? each practice year. Many with queries on Law Society Any solicitor wishing to practise solicitors nominate a date one requirements for setting up or under a practice title where their year from the date they started retiring from practice. She has name or the names of the in practice. Your first prepared the following helpful list partners in the practice are not accountant’s report is due to be of answers to questions reflected in the practice title furnished with the Society not frequently asked by solicitors should seek the permission of later than six months after the intending to practise on their own the Society to practise under that accounting date in each practice behalf or in partnership. title (as provided by SI No 178 of year. 1996 (Solicitors (Professional May I continue to work What am I required to do Names/Notepaper) Regulations 11 out my notice with my 1 from the Society’s 1996). current employer and perspective? I am currently employed. simultaneously practise on my Notify the Society, complete the 5 What happens to my own behalf? Society’s ‘Commencement in practising certificate when I Yes, provided you notify the Practice’ form, available on leave that employment? Society accordingly and provide request from Nicola Darby (see Your practising certificate travels encourage personal injury claims documentary evidence that you contact details below), and with you to the new practice, as are prohibited, and any breaches have professional indemnity furnish confirmation that you all practising certificates expire of the regulations may be insurance in place for your new have professional indemnity on 31 December each year. You regarded as a disciplinary practice. You should also ensure insurance cover in place. may return your practising matter. that your employer has approved If you are not already the holder certificate to the Society with I have a relative who is an this arrangement. of a practising certificate, you your ‘Commencement in Practice’ 9 accountant. Can he or she I am setting up in must submit an application form form and request a further be my reporting accountant in 12 partnership with another for same, prior to setting up in certificate to issue, reflecting respect of the Solicitors’ solicitor. Do both of us have to practice. You should also provide your new practice details. Accounts Regulations? complete a ‘Commencement in a copy of your professional If my employer paid for my No, objectivity is a fundamental Practice’ form? notepaper to the Society. 6 practising certificate, do I principle of the ethical guide for No, one solicitor may complete Where can I obtain have to reimburse the practice members of the accountancy the form on behalf of the other 2 professional indemnity when I leave? profession. The Society would be partner(s) in the new insurance? This is a matter for agreement concerned that a close partnership. There is a list of qualified insurers between you and your former relationship between a solicitor I am taking over an providing professional indemnity employer. and his/her reporting accountant 13 already existing insurance to the profession, which Am I required to have a would be a threat to the practice. Am I still required to is available on the Society’s 7 town agent? objectivity of the accountant and, complete a ‘Commencement in website (www.lawsociety.ie). There No. in the absence of safeguards to Practice’ form? is also a list of brokers who Am I permitted to advertise protect that objectivity, it would Yes, you are required to arrange such cover, available from 8 my practice to the public? not be appropriate for your complete this form. G the Society. Solicitors are permitted to relative to act as your reporting Is there a period during advertise their services, but accountant. Nicola Darby of the Society’s 3 which I am required to must do so within the limitations When will my first Regulation Department can be practise as an employed imposed by section 4 of the 10 accountant’s report be contacted at Blackhall Place, solicitor prior to setting up in Solicitors (Amendment) Act 2002 due to be filed with the Society? Dublin 7, tel: 01 672 4972 or practice? and by the Solicitors (Advertising) When completing the Society’s email: [email protected]. For No, however the Society would Regulations 2002, which specify, ‘Commencement in Practice’ information in relation to any of strongly encourage all newly- among other things, that form and the annual declaration the Law Society support services qualified solicitors to obtain a advertisements shall not be in made to the Society for the for its members, contact the minimum of one-year’s bad taste, misleading or contrary purpose of obtaining a practising Society’s support services experience in an established to public policy. In particular, certificate, you are required to executive, Louise Campbell, practice, prior to setting up in solicitors should be aware that nominate an accounting date tel: 01 881 5712 or email: practice on their own. advertisements designed to that is the last date of the [email protected].

www.lawsociety.ie 15

COMMENT LAW SOCIETY GAZETTE AUG/SEPT 2007 letters

Send your letters to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] The title time bomb and the competition fuse From: Richard McDonnell, Ardee, appointment with a medical what they are paid to do, namely, proportionate to the fee being County Louth. consultant, but if their solicitor to detect often-fatal flaws in charged by the solicitor. While am greatly concerned that we, won’t complete a purchase or titles presented. However, when I have no objection to Ias a profession, are building sale within an absurdly short these are drawn to the attention competition, it seems to me up a conveyancing time bomb time, all hell breaks loose. I of a vendor’s solicitor, the usual grossly unfair that we are not that will cost us dearly in future have personally been told by response is bluster and threats competing on a level playing insurance premia and reputation some colleagues that they are and the next thing you know field. Conveyancing solicitors (such as it is!). It is evident from under such pressure nowadays your client is blaming you for still doing their job properly are a significant proportion of titles that they don’t even bother to ongoing delay – because that’s expected to compete with we receive to both existing and read titles any more but just what he’s being told by the solicitors who don’t bother, or new properties that the vendors’ sign certificates of title and auctioneer and the vendor who, are too pressured to do their solicitors, and other solicitors bespeak a loan cheque just to in turn, is being told that by his job, or who are charging fees through whose hands such titles get the clients off their backs. solicitor – and then you are left that would be simply have passed, have not properly, It is clear that large numbers in an intolerable position uneconomic for a solicitor or at all, scrutinised the title or of our colleagues are doing because you are the only one doing his job properly. The the relevant planning and unexamined conveyor-belt who is bothering to properly headlong rush to earn fees and building regulations conveyancing and so long as the examine the title and do the job attract clients by taking short documentation submitted by solicitor acting for a purchaser you are being paid to do. cuts, which is, no doubt, them with contracts. Such doesn’t bother either, all will be While it is not invariably the making lots of money for some carelessness can, in some well. Hopefully, there are still case, the degree of scrutiny of colleagues, will have grave instances, be staggering. enough solicitors still doing titles seems to me to be directly repercussions for the future. Contracts occasionally arrive with almost comically incomplete or defective titles. This situation is being greatly Insuring with the farmers’ choice exacerbated by the totally From: Greg Ryan, Ryan Smyth from €580 and finishing at is now insured with the unreasonable and insistent & Co, Solicitors, Upper Kilmacud €660 with FBD Insurance. I farmers’ choice! demands of an increasing Road, Dublin 14 might add that the policy with Let this be a word of number of clients to close am delighted to report that I FBD offered more benefits warning to all colleagues who purchases and sales within days Ihave been a member of the than my previous policy had don’t bother checking the (if not hours) of verbal group scheme for some time done. Needless to say, my car value of their premiums. agreements being reached. now. I was surprised to learn While it is, of course, possible to last year that the scheme was complete a purchase within days being taken over by AA from Politic points if you drop everything else and the existing brokers. devote particular attention to My surprise was even From: David Soden, Villiers the bar and take up politics on a the transaction (and your greater this year, when my Road, Dublin 6 full-time basis. opposite number is prepared to premium rose dramatically to t was interesting to read Moreover UCD law do the same), this has created an the sum of €1,500 – a tripling Iabout the election of graduates of the early 1980s expectation by clients that this of premium. Now, before any solicitors and barristers to the were lectured by two members kind of speed can be applied to reader attributes that to the 30th Dáil in the July 2007 of the current cabinet: new every conveyance, which simply purchase of a DB9, or being edition of the Gazette. Attorney General Paul adds to the pressure to get the cause of a 15-car collision, Mention should have been Gallagher SC and Minister for transactions done without their I am still driving my same made, however, of barrister Defence Willie O’Dea (FF), titles being properly investigated humble jalopy and my 12-year Lucinda Creighton (FG), elected who came second only to and secured. It is so unfair: no-claims bonus remains in Dublin South-East in place of Brian Cowen in the number of people will, with equanimity, intact. A quick search on the Michael McDowell SC – though first preferences cast nationally accept a three-month delay in internet revealed three admittedly upon election she and indeed out-performed him delivery of their new car or an companies with quotes starting announced her intention to leave in quota terms. G

www.lawsociety.ie 17 LAW SOCIETY GAZETTE AUG/SEPT 2007 COMMENT

PIAB: ‘unnatural influence

The new, rushed-through PIAB legislation proves the power that the PIAB zealots wield over government – but real justice for claimants can only be achieved in court, argues Stuart Gilhooly

lichés have developed Enterprise, Trade and accident, breaks his arm and Csomething of a bad name Employment, Micheál Martin, sustains psychological injures, of late. It shouldn’t be and the new Attorney General, and makes an application to forgotten, though, that a Paul Gallagher, were in PIAB through his solicitor. cliché tends to be an overused possession of an opinion from The PIAB doctor feels that the truism, and it’s for that reason Gerard Hogan SC that cast infant has made a good that I make no apologies for huge doubts on the recovery and awards €25,000. dragging out the hoariest, constitutionality of at least one The infant’s own doctors, greyest, most recycled of of the new sections. however, feel that it’s too early them all – in the heel of the This opinion was obtained to say. So, the next friend hunt, a week’s a long time in by the Law Society and faxed refuses to accept the award. A politics. to both Minister Martin and year later, the infant has indeed The Personal Injuries the attorney general before made a good recovery, brings Assessment Board (Amendment) the cabinet meeting on 3 July his case in the Circuit Court Act 2007 demonstrates this and long before it went to the and encounters one of the less sentiment almost to the hour. Seanad. It seems extraordinary “No, Mr Bond. I expect you to generous judges, who is not On 28 June 2007, word that the government, notwith- accept” and cannot be aware of the reached us that the newly- standing this potentially PIAB award. He is awarded formed government, which incendiary information, apply if a lodgement or €22,500 damages. As a result had barely warmed the seats proceeded to rush the tender is made in any sum of section 51A, the infant of the Dáil chamber after a legislation through in the same or if a section 17 formal cannot receive his costs. The gruelling general election cavalier fashion as they had offer is made in a sum costs must therefore be paid campaign, was taking steps to originally intended. that is not equal to the out of his award. ensure the safety of the state The new legislation was amount of the PIAB Prior to the advent of PIAB, by passing this piece of signed into law by the award. if a tender or lodgement had emergency legislation. As one President on 11 July and came • Section 51B states that, in been made, the infant would of only four pieces of into effect immediately. It adds any proceedings issued have received the protection of legislation passed between the two new sections to the PIAB following an application to section 63 of the Civil Liability election and the summer Act 2003, namely sections 51A PIAB, whether or not an Act 1961 and thereby ensured break, it proved beyond any and 51B. The effect of the act assessment has been made that the infant would not be shadow of a doubt the power is twofold. or accepted, then no amount out-of-pocket either way. The that the zealots of PIAB wield • Section 51A states that, in in respect of fees or PIAB Act will only allow the in government chambers. respect of any award of expenses will be allowed on award to go before a judge if it damages made by PIAB that taxation in connection with is accepted, so a fundamental The world is not enough is rejected by a claimant and the PIAB application, other unfairness towards the infant is When describing it as accepted by a respondent, if than those fees already exposed by section 51A. The emergency legislation, I do so that award of damages is not referred to in sections 35, 44 purpose of section 63, which of without a hint of sarcasm. For exceeded in subsequent or 45. course still exists but applies that is how it was treated, as proceedings either by way of only to tenders and one week later, on 5 July 2007, court order or agreed It is the latter section that lodgements and not to PIAB it had passed all stages of both settlement, then the attracted the interest of Gerard awards, was to protect the houses. In fact, it was following applies: Hogan, but both provisions infant from the poor decision- introduced to the Seanad on • No award of costs may be have potential constitutional making of his parents. So, with the evening of Tuesday 3 July made to the claimant; weaknesses. one stroke of the Oireachtas and was through the Dáil by a) The court may exercise pen and not a great deal of lunchtime on the Thursday. its discretion to award Dr No concern for the citizen, the What makes it all the more costs against the claimant. In the case of section 51A, infant’s rights have been hugely galling is that the Minister for b) These provisions do not consider this: an infant has an limited. No doubt this will

18 www.lawsociety.ie COMMENT LAW SOCIETY GAZETTE AUG/SEPT 2007 viewpoint on government’?

result in a challenge, sooner this provision may be of the lacuna in the PIAB Act rather than later. unconstitutional. You may take for maritime and on-airplane Of course, a greater onus it as inevitable that an out-of- accidents and claims against the now rests on the solicitor to pocket claimant will test this estates of deceased persons. advise all claimants on the opinion in the very near future. They must all be the subject of implications of section 51A. In the meantime, it is worth PIAB application but, unlike While it is necessary to warn including PIAB application most PIAB claims, section 50 all claimants of the pitfalls of costs as a heading of special does not operate to stop the refusing an award, over- damage. It remains to be seen statute running, as their time caution would be dangerous. It whether a court will award it, limits are not governed by the is our obligation to ensure that but it only takes one judge to Statute of Limitations. the claimant receives the do so for a precedent to be put Therefore, any such maximum award possible, and in place. application should be brought it is clear that every award before PIAB as soon as possible must be judged on its merits. Casino royale Stuart Gilhooly: shaken, not stirred and be accompanied by a letter If you have a concern that an If we have learned one lesson demanding their immediate award might not be beaten in from the unnatural influence judicial review of this decision, release. court, then it should not need that PIAB seems to exert over for which leave was granted. If the statute has nearly run, section 51A to persuade you to government, it is that real Approximately three weeks then an immediate response encourage the claimant to change and justice for after papers were served on should be sought, and if an accept the award. Equally, if claimants can only be achieved PIAB, they agreed to settle my authorisation is not received in the award is patently too low, in court. This was client’s case. A matter of days a timely manner, a judicial it is doing a great disservice to demonstrated very shortly later, they announced a total review application is a necessity the claimant to persuade them before the new legislation was change in the manner in which to protect your client’s to accept it when the passed. they would award fees for interests. overwhelming likelihood is A client of mine was medical reports, which, in PIAB is well aware of the that a better result will be delighted with a PIAB award typically disingenuous terms, difficulties with these claims achieved in court. received on behalf of his infant they claimed was due to a and potential injustice to Section 51B has different son, but was understandably review of their policy. certain injury victims but, when effects but the same outcome – very annoyed when I explained They will now consider the attempting to protect the state bad news for the claimant. to him that he would be liable fee for each medical report on from attack by injured Most of the county registrars for the balance of the €245 its merits, so invoices for all claimants, chose not to seek a had been awarding PIAB that he had to pay for his son’s reports should be sent to them simple amendment to section application costs, but this medical report, as PIAB had prior to the award being made. 50 that would have cured this section ensures that the only awarded him €150, Limited experience to date has anomaly. claimant must be personally despite an application being demonstrated that this latest, A French cliché springs to responsible for this portion of made under section 44 of the expensive lesson has been mind: plus ça change, plus c’est le its costs. Gerard Hogan PIAB Act for the balance as an learned by PIAB. même chose. G expresses the view that, in the expense reasonably and While on the theme of light of the McMenamin necessarily incurred. expensive lessons, all Stuart Gilhooly is a partner in the decision in O’Brien v PIAB, He instructed us to seek practitioners need to be aware Dublin law firm HJ Ward & Co.

forensic accountants Be Sure. Trust our experience.

5 Union Quay, Cork Tel:021 431 9200 Fax:021 431 9300 60 Lower Baggot Street, Dublin 2 Tel:01 475 4640 Fax:01 475 4643 e-mail: [email protected] Web: www.jhyland.com

www.lawsociety.ie 19 LAW SOCIETY GAZETTE AUG/SEPT 2007 ANALYSIS Law reform ‘a journey of

The Third Programme of Law Reform will be introduced early next year. Anna Bowen attended the Law Reform Commission’s public consultation at Dublin Castle to find out what can be expected

rominent Australian High government in its Second P Court judge and self- Programme of Law Reform confessed “mothball law (2000-2007) have been, or are reformer”, Michael Kirby, used being, implemented. Significant his keynote address at the achievements include changes to annual conference of the Law land and conveyancing law and Reform Commission to to laws regarding the treatment commend and encourage of vulnerable adults. Ireland’s initiative on law In a recent interview, Mrs reform. McGuinness said: “As a Law The former chairman of the Reform Commission, you can Australian Law Reform either fiddle around with small Commission drew on his areas of the law that need to be professional experience and corrected or you can take a personal encounters of broader view and say that we discrimination to urge the should be looking at legal issues 300-strong public audience Justice Michael Kirby: “Law reform takes time” that affect society.” assembled at Dublin Castle to be “confident and bold” in their interpreted by the courts in played a vital role in the reform Be consultative contribution to Ireland’s Third suitable cases,” he said. and modernisation of Irish law. The public consultations held in Programme of Law Reform. His Furthermore, where judicial Despite the political conflicts, Galway, Cork and Dublin this candid and enthusiastic address development of law might rely resource shortages and political year, to prepare for the Third extolled “The Top Dublin on chance factors, and apathy that often challenge the Programme of Law Reform Virtues of Law Reform”: parliamentary legislation on process, the commission has 2008-2014, demonstrate the political motivations, the Law established an active law reform collaborative approach to law Awareness Reform Commission offers an programme responsive to social reform in Ireland. At Dublin Be aware of the fundamental even broader scrutiny of our change. Castle, views and recom- institutional flaw of governance laws. According to commission mendations on a variety of areas to which law reform is targeted. president and former Supreme of law were shared by a mixed For the law to remain relevant, Be independent Court judge Catherine audience that included lawyers, it must keep up with the As an independent statutory McGuinness, 70% of the teachers, students, health service evolution of different cultures, body, the commission has recommendations made to workers, religious leaders, values and societies. As Justice business representatives, trade Kirby pointed out in his speech, union activists, senior citizens, it is the stable, economically members of government, and prosperous countries that can local community and social often lack the impetus for active welfare groups. law reform, so an awareness of Speaking at the conference, how quickly laws can become Attorney General Paul Gallagher outdated is crucial to the law- SC expressed gratitude to the reform approach. audience for its participation in Justice Minister Brian the programme, supporting Lenihan, while unable to attend Justice Kirby’s endorsement of a the conference, later added his rational process that includes views on the matter. “The disagreement. It is good for effect of the Irish people to have “bees in their constitutional provisions has bonnets”, said Justice Kirby, been to provide, as it were, a because it awakes us from apathy. filter through which pre- independence British laws Be international (indeed, all statute and common Attendees complained of the time-lag between law reform and policy Justice Kirby’s attendance at law) can be screened and change; between legislation and implementation the conference reflected the

20 www.lawsociety.ie ANALYSIS LAW SOCIETY GAZETTE AUG/SEPT 2007 enlightenment’

commission’s commitment to legal codes exist and cause regarding law reform from an BE EMPIRICAL confusion – namely international and comparative The public consultation at Dublin Castle demonstrated the employment and family law. perspective. Lessons have importance of examining law beyond the statute books. The exchange been, and continue to be, of views and experiences revealed a range of issues existing in Be confident and bold learned from foreign current law, covering areas including employment law (harassment According to Justice Kirby, jurisdictions, while and bullying, employment equality), family law, criminal law, who has faced heavy criticism international bodies develop environmental law, housing and human rights. Feedback also over his homosexuality, “If principles that are relevant to reflected dissatisfaction with Children’s Court processes, coroner’s you’ve never felt and easily incorporated into inquests, sentencing, the jury system, handling of divorce settlement discrimination … if you domestic law. challenges, compensation assessments in compulsory property haven’t felt that sting, you Despite this, the acquisitions and, more generally, the accessibility of the law. don’t realise how important it commission’s second More specific proposals included: a shared, international register is to have law reformers who programme recommendation of people working with vulnerable adults and the elderly; legal aid for are strong, courageous and for the government to ratify coroner’s inquests; proper and accessible tribunals to make legally bold.” the 1993 Hague Convention on enforceable decisions in unfair dismissal claims; protection from The audience seemed to inter-country adoption remains discrimination for teachers; transposition of environmental agree, making a number of unmoved. The aim was to conventions to law; statute recognition of collaborative law; requests on behalf of a variety provide safeguards preventing modernisation of laws regarding guardianship, custody and of minority groups seeking the sale or abduction of proprietary ownership; privacy protection for alleged child-abusers better social inclusion and legal children and to establish a until prosecution; liability protection for charity employees; financial recognition. They included system of co-operation for protection for carers; simplification of debt-recovery processes; transgender people and inter-country adoptions. While protection of prisoners’ rights and fair treatment for prison visitors; Travellers. “Law derives from the issue appears to have fallen free advice; and provisions for victims of abuse and sexual offences. the people – all the people, in short of political interest, it The Law Society added its own proposals, which included all their variety,” commented may be revisited in future law clarification of law for end-of-life issues, comparative analysis in the Justice Kirby. G reform discussion. law of restitution, a statutory framework for witness protection, a framework for the collection and dissemination of sentencing data, Written submissions for the Third Be patient better access to court records, consideration of remedies in Programme of Law Reform closed Attendees complaining about intellectual property law, and strict liability offences comparable with at the end of July. A draft of the time-lag between law constitutional concepts of fair trial and human rights. recommendations is being reform and policy change, and submitted to the Attorney between legislation and General’s Consultative Committee implementation, were reform is sought, perhaps the codes of evidence, in September. In October, the reminded by Justice Kirby that priority should be to enforcement of judgments, government will introduce them “law reform takes time”. consolidate existing laws. contempt of court, and into parliamentary debate, before One audience member Areas where he considered succession law. The same was seeking approval for them early suggested that, before law this to be required included said for areas in which several next year.

www.lawsociety.ie 21

ANALYSIS LAW SOCIETY GAZETTE AUG/SEPT 2007 Child care the focus in Family Law Matters II Child care issues hit the headlines this summer with the release of the second Family Law Matters report. Anna Bowen reviews the research

ast year the Courts Service PIC: ALBERT GONZALEZ/PHOTOCALL IRELAND Coulter’s research covers a Lappointed respected family range of family law subjects. law reporter Dr Carol Coulter The information is helpfully to steer its 12-month pilot divided into reports, project aimed at informing judgments, and statistics and legal practitioners, trends. Circuit Court reports researchers, media and the are thematically organised public about family law under headings of custody proceedings previously and access, the family home, embargoed under the in conduct and delay. camera rule. Enabled by the The statistical analysis enactment of section 40.3 of comes from Cork, which has the Civil Liability and Courts the second-busiest Circuit Act 2004, the project Court dealing with family law facilitates the dissemination of in the country. It reported an information on family law even higher rate of settlement applications while maintaining in divorce and separation cases the privacy of those involved than those revealed in previous in family law litigation. (L to r): Chief Justice John Murray, Dr Carol Coulter and Minister research from Dublin. Welcoming the second for Justice, Equality and Law Reform Brian Lenihan pictured at the Commenting on the Family volume of Family Law Matters, launch of Family Law Matters Law Matters reports, the Justice Minister Brian Lenihan Courts Service says: “The commented on the “immense special comments from Dublin Association of Young People second issue, aided by an value” of the research. Metropolitan District Court in Care, added to the debate extended period of “Reporting of general trends in Judge, Conal Gibbons. with criticism of the way examination, marks a further family law cases must, of An excerpt from Judge children’s views are handled in significant stage in building up necessity, be based on a Gibbons’ paper to the Judicial family law litigation. In a a body of material, of enabling considerable number of such Studies Institute reveals that radio interview she relayed the a wide audience to have a cases and this will take time to neglect by parents is the major frustrations of children not greater understanding of the emerge. However this report, reason children are taken into being adequately heard by the vast range of problems and alongside other research care by the Health Service courts and urged for due issues presented to the family currently in progress, is the Executive (HSE). consideration to be given to law courts.” start of an information flow on In his paper, Judge Gibbons children’s views. Minister Lenihan added that family law cases and will also highlights the an integrated approach to child greatly assist future policy responsibilities shared by the Absence of a structured welfare was currently being formulation in the family law HSE and the judiciary in framework considered by the Minister for area.” ensuring the adequacy of the While Dr Coulter Children. He said that the child-care system and the acknowledged the absence of a relevant services and Circuit Court procedures levels of care provided. structured framework to professionals would be built While the first volume of Drawing similarities with ensure representation of around the District Courts, Family Law Matters focused on Britain’s overburdened system, children’s views, she did attest which will also be the focus of the application of family law in he suggests that “social to the courts’ commitment to the third issue of Family Law different court jurisdictions, workers are dealing with ascertaining the views of Matters. G the second report goes further impossibly large caseloads, in a children, wherever possible, in examining Circuit Court climate of scarce resources and particularly in cases involving The reports Family Law Matters procedures, particularly in crisis management”. older children. are accessible on the publications issues of custody and access. Following the launch of the While child care has (general information) page of the The report also concentrates report, Jennifer Gargan, become the emblematic issue Courts Service website: on the law on child care, with Director of the Irish of the family law report, Dr www.courts.ie.

www.lawsociety.ie 23 LAW SOCIETY GAZETTE AUG/SEPT 2007 ANALYSIS

Religious rights and the case

As courts across Europe struggle to deal with issues of religious identity, what does the ECHR have to say about it? Elaine Dewhurst investigates

ydia Playfoot is a 16-year- was intended to symbolise, it was “the belief takes the form of a Lold devout Christian who, “a piece of jewellery” and the perceived obligation to act in a until very recently, attended a school had not breached the specific way, then, in principle, non-denominational girls’ rights of Ms Playfoot by refusing doing that act pursuant to that secondary school in West to allow her to wear it to school. belief is itself a manifestation of Sussex, England. In June 2004, that belief in practice”. In such Ms Playfoot chose to wear a Article 9, European Convention cases, the act will therefore be ‘purity ring’ to school, known on Human Rights “intimately linked” to the belief as a ‘Silver Ring Thing’. The Article 9 provides that everyone and considered a manifestation Silver Ring Thing is an has a right to freedom of of that belief. Supperstone QC evangelical American Christian thought, conscience and held that no such obligation or movement that encourages religion. This right is absolute. perceived obligation arose in this teenagers to make a pledge of Article 9 also protects the right case and, therefore, the wearing chastity. Ms Playfoot felt that to freely manifest one’s religion of the ring was not intimately the wearing of the ring was an or beliefs. However, this right is wearing of a purity ring was not linked to the Christian faith. expression of her personal faith not absolute and article 9 does a necessary part of the Christian Therefore, article 9 was not that sexual activity outside of not protect every act motivated faith. Ms Playfoot was not under engaged in this case. marriage is wrong. However, or inspired by a religion or an obligation to wear the ring the school’s uniform policy does belief. The European Court of nor did she perceive that she was Was there an interference with not allow any jewellery to be Human Rights has consistently under an obligation to do so. In the right? worn at school. The school held that, in democratic arriving at this decision, Once again, the High Court was requested that Ms Playfoot societies, where several religions Supperstone QC examined the certain that the school had not desist in wearing the ring. She coexist, it may be necessary to decisions of the European Court interfered with Ms Playfoot’s refused to comply, arguing that place restrictions on the freedom of Human Rights in this area. right to manifest her beliefs. the school’s actions breached to manifest one’s religion or However, he noted that there The court examined two specific her right to freely manifest her belief in order to balance the was much inconsistency in the factors in coming to this beliefs as guaranteed by article interests of the various groups decisions of the court. Some decision: did Ms Playfoot 9 of the European Convention on and to ensure that everyone’s cases required that the action be voluntarily accept the school Human Rights. The school beliefs are respected. a necessary part of the practice policy relating to the wearing of governors disagreed, stating of that belief, while in others no jewellery, and were there that the ring was representative Wearing a purity ring: a such necessity existed. The High alternative means available to of a moral stance and not a manifestation of a belief? Court preferred the reasoning of her to manifest her belief? necessary symbol of the Supperstone QC, sitting as the House of Lords in R In examining the voluntary Christian faith. The High deputy judge of the High Court, (Williamson) v Secretary of State nature of Lydia Playfoot’s Court of England and Wales was very clear in his for Education and Employment, actions, Supperstone QC noted found that, whatever the ring determination of this issue. The where Lord Nicholls held that if that the school had been Lydia’s ONE TO WATCH: NEW LEGISLATION Child Care (Amendment) Act number of significant amendments general rule that certain cases proceedings and children in the 2007 (No 26 of 2007) to both the Child Care Act of 1991 involving family matters be held care of the Health Service On 23 July, 2007 certain and the Children Act of 2001. otherwise than in public and Executive. Under section 29, such provisions of the Child Care allows for limited reporting of such proceedings are held other than in (Amendment) Act 2007 were Reporting decisions under certain specified public. The 2007 act, however, brought into force by the Child Section 3 of the 2007 act, which circumstances. Section 29 relates allows for the preparation and Care (Amendment) Act 2007 amends section 29 of the Child only to proceedings involving the publication of reports or the (Commencement) Order 2007 (SI Care Act 1991, represents a protection of children in decisions of the court in such no 509 of 2007). This act makes a significant departure from the emergency situations, care proceedings by certain specified

24 www.lawsociety.ie ANALYSIS LAW SOCIETY GAZETTE AUG/SEPT 2007 human rights watch of the chastity ring

first preference, despite the fact exceptions to the rule for health that there were other schools in ECHR decisions: reasons or other exceptional the area that did allow jewellery Kalaç v Turkey (1997) 27 EHRR 552 grounds. to be worn. The uniform policy Kokkinakis v Greece [1993] 17 EHRR 397 had been in operation since Cha’are Shalom Ve Tsedek v France, Application No 27417/95, The effect in Ireland 1990 and had been publicised judgment of 27 June 2000 This decision highlights the and explained to all prospective Hasan and Chaush v Bulgaria [2002] 34 EHRR 1339 issue of the wearing of religious students and their parents, Sahin v Turkey, Application No 44774/98, judgment of 29 June 2004 or other symbols in schools or in including Ms Playfoot, before Svyato-Mykhylivska Parafiya v Ukraine, (Application No 77703/01), places of employment. The they started school. The dress judgment 14 June 2007 recent refusal by An Garda code was also referred to in a Síochána to accommodate a Sikh ‘Code of Conduct’ contained in UK decisions: reserve garda who wished to all student diaries. Therefore, R (Williamson) v Secretary of State for Education and Employment wear his turban is just one Ms Playfoot had voluntarily and Others [2005] 2 All ER 1 example of the changes accepted the rule. R (Begum) v Head Teacher and Governors of Denbigh High School occurring in Irish society and the The High Court admitted [2006] 2 All ER 487 challenges that will be presented that it was difficult to establish to our courts in the future. The that an interference with the exercised by alternative means, atmosphere of allegiance, courts will face the difficult task right was established in a case the court could not establish discipline, equality and of reconciling the right to where a viable alternative was that her right to manifest her cohesion. The rule allows manifest one’s beliefs with other available. In this case, the High beliefs had been interfered with. students to learn in an rights and freedoms. Although Court found many alternatives environment that minimises the the judge in the present case were available to Ms Playfoot. If there was an interference, pressures that result from expressly limited the decision to The court noted that the Silver was it justified? differences on grounds of wealth its particular facts, the judgment Ring Thing group offers other In short, the court held that, and status and, as such, reduces appears to set a high standard options such as key chains, even if there had been the risk of bullying at school. for any claimant in such cases to badges and stickers that Lydia interference, the actions of the Such a rule also assists in show, firstly, that the wearing of could also have utilised. The school were justified. Firstly, the promoting the highest standards a symbol is a manifestation of school had encouraged her to school rules were plainly of achievement. The court their belief within the meaning make a contribution and share prescribed by law, as schools remarked further on the of article 9; secondly, that this her views in her PSHE and have a statutory power to valuable health and safety freedom to manifest their belief other classes. In the alternative, determine their own rules on reasons that necessitated the ban has been interfered with; and despite the inconvenience that uniform. Secondly, the rule was on jewellery. The school had finally, that such interference it may have caused, she could necessary in a democratic also shown considerable cannot be justified in a always have sought transfer to society, as it had a legitimate foresight in recognising democratic society. G another school that would allow purpose and was proportionate. exceptions to the rule, such as her to wear her ring. The court noted that the school allowing Muslims to wear Elaine Dewhurst is the Law As Ms Playfoot’s actions were uniform policy helps to foster headscarves and Sikhs to wear Society’s parliamentary and law voluntary and could be the identity of the school and an bangles, as well as making reform executive.

persons, provided that the report other people granted such direct that access be denied section 4 (voluntary care) or or decision does not contain any authority by regulation. Such where special circumstances exist. section 18 (care order) of the Child identifying information. The only people are entitled to attend at Care Act 1991 and whether the people who are entitled to make the proceedings and have access Children in care child has been placed with a foster such reports under the act are to any relevant court documents Section 4 of the 2007 act inserts parent or a relative. barristers or solicitors, people subject to any directions that the section 43A into the Child Care Act The provision allows the court authorised in writing by the court may make. However, section 1991. It applies to all children in to grant an order giving foster Children Acts Advisory Board after 29, as amended, does confer the care of the Health Service parents or relatives, who have consultation with the minister, and some discretion on the court to Executive, whether in care under been taking care of a child for a

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ANALYSIS LAW SOCIETY GAZETTE AUG/SEPT 2007

continuous period of five years, passport or other passport 16 of the 2001 act only to the • Advising the minister on policy greater autonomy in relation to facilities for the child to enable extent that it provides for the issues relating to the delivery the care of that child. The court the child to travel abroad for a insertion of section 23D into the of services under the Children must be satisfied that four limited period. In the same Child Care Act 1991. This relates Act and the Child Care Act; conditions are met before they manner, the court may also to the right of An Garda Síochána • Publishing guidance on the will grant such an order: impose restrictions or conditions to deliver a child into the custody qualifications, criteria for 1) The best interests of the child on the order as it thinks fit in the of the Health Service Executive. appointment, training and role will be served by the granting circumstances. The 2007 act also amends of any guardian ad litem of the order. The order may be varied or section 77 of the 2001 act as appointed for children in 2) The Health Service Executive discharged. This may be done on previously amended. Section 77 proceedings under the Child has consented in advance to the application of any of the relates to the referral of juvenile Care Act; the granting of the order. following persons: justice cases to the Health • Preparing and publishing 3) The Health Service Executive, a) The Health Service Executive, Service Executive. It now criteria in consultation with the in the case of a child in care b) A foster parent or relative to provides that, where a child is Health Service Executive for under section 4, has obtained whom the order was granted, charged with an offence and it the admission to and the consent of a parent or c) A parent having custody of the appears to the court that it is discharge from special care of person in loco parentis having child concerned at the relevant appropriate for a care order or a children, subject to special custody of the child at the time, supervision order to be made, care orders and interim special relevant time to the granting of d) A person acting in loco the court may adjourn care orders; the order on behalf of the parentis to the child proceedings and direct the • Authorising, in writing, a class foster parent or relative. In the concerned, or Health Service Executive to or classes of persons case of child in care under e) A person who in the opinion of convene a family welfare representing the board to section 18, the Health Service the court has a bona fide conference in respect of a child prepare reports for the Executive must give notice of interest in the child concerned. “if in the court’s view it is purposes of the 2007 act; the application by the foster practicable for the Health Service • Giving its views on any parent or relative to the parent Similarly, the order will cease to Executive to hold such a proposal of the HSE to apply or person in loco parentis be effective once certain conference having regard to the for a special care order under having custody of the child at conditions are met. These are: age of the child and his or her part IVA of the Child Care Act; the relevant time. The a) If the child concerned is in family and other circumstances”. • Reporting on the level and requirement that the Health care under section 4, when The power of the court to make nature of residential Service Executive gets the care of the child is resumed; emergency care orders or accommodation using consent of the parent or b) If the child concerned is in supervision orders pending the published information; person in loco parentis does care, under section 18, when outcome of the conference under • Supporting services for not apply if the court is the order is discharged or the Child Care Act 1991 in such children detained in children satisfied that he or she is ceases to have effect; cases has been removed. detention schools and special- missing and cannot be found, c) If the child concerned is care units; or the court, having regard to removed from the custody of Children Acts Advisory Board • Promoting and enhancing the welfare of the child, the foster parent or relative, Perhaps the most significant interagency cooperation, decides to wave this immediately on the child’s amendment made to the Children including the sharing of requirement. removal; Act 2001 by the 2007 act is the information under the Children 4) The wishes of the child have d) If the foster parent or relative amendment made to section Act and the Child Care Act; been given due consideration, requests the Health Service 226. The 2007 act changes the • Promoting, organising and having regard to the age and Executive to remove the child name of the Special Residential taking part in meetings, understanding of the child. concerned from his or her Services Board to the Children seminars, conferences, custody, when the child is Acts Advisory Board. The board lectures and demonstrations; The court can authorise foster removed; or has been given much broader • Conducting or commissioning parents and relatives to have the e) When the child concerned functions under the 2007 act to research; and same control over the child as if attains the age of 18 years or carry out a wider range of • Collecting, maintaining and they were the child’s parent, or to marries. activities. Mr O’Leary, the deputy evaluating statistics and other do what is reasonable for the chief executive of the CAAB, has data relating to its functions. purposes of safeguarding and Amendments to the Children commented that “children will promoting the child’s health, Act 2001 benefit from the enhanced and The schedule to the 2007 act development or welfare. In Part 3 of the Child Care integrated services available as provides for all the acts and particular, the court can (Amendment) Act 2007 provides a result of our facilitation; inter- statutory instruments detailed in authorise foster parents or for a number of amendments to be agency working, research and co- part 1 and part 2 of the schedule relatives to give consent to any made to the Children Act 2001, operative style of operation in to be amended to reflect the necessary medical treatment or which is now fully in force from 23 bringing various services change in name of the board. G psychiatric examination, July 2007 by virtue of the Children together to achieve better treatment or assessment of the Act 2001 (Commencement) (No 3) outcomes for at risk children”. Elaine Dewhurst is the Law child. In addition, consent can Order 2007 (SI no 524 of 2007). The functions of the board will Society’s parliamentary and law also be given to the issue of a The 2007 act repeals section now include: reform executive.

www.lawsociety.ie 27 LAW SOCIETY GAZETTE AUG/SEPT 2007 COVER STORY MAKING hay WHILE The Finance he Finance Act 2007 resulted in the Act 2007 has introduction of an updated version of the previous ‘young trained farmer updated the relief’ and the introduction of a new previous ‘young T form of farm consolidation relief that will provide relief where a farmer sells farmland and trained farmer purchases other land in order to consolidate that relief’ and farmer’s holding. The act also introduced a new relief for certain transfers of farmland from a child introduced other to a parent. reliefs. Emmet Section 81AA of the Stamp Duties Consolidation Act 1999 (SDCA) replaces the existing section 81A Scully pulls on for instruments executed on or after 2 April 2007. his wellies and The new section includes new educational criteria with certain transitional arrangements for some pre- digs the dirt Finance Act educational qualifications and a simplified refunds procedure for situations where the relief is claimed by way of repayment of stamp duty already paid.

Buying the farm Section 81AA provides relief from stamp duty on sales or gifts of land to suitably qualified persons, subject to meeting certain conditions. ‘Land’, for the purpose of this relief, is agricultural land, and includes farm buildings, farmhouses and mansion houses of a character appropriate to the land. The interest transferred may be freehold or leasehold, but the relief does not apply to the creation of a leasehold interest. The land cannot be transferred subject to any power to revest the property in the transferor (or any person on behalf of the transferor), though the Revenue Commissioners have confirmed (in relation to the earlier section 81A relief) that this does not prevent the retention by the transferor of rights of MAIN POINTS residence, support and maintenance. • Transfers to ‘young To qualify as a ‘young trained farmer’, the trained farmers’ transferee (or, if there is more than one, each of • Procedure for them) must be under 35 on the date of execution of claiming relief the instrument of transfer. However, where land is • Farm consolidation being transferred into the joint ownership of a relief young trained farmer and his/her spouse, the spouse does not need to be a young trained farmer and,

28 www.lawsociety.ie COVER STORY LAW SOCIETY GAZETTE AUG/SEPT 2007

THE SUN SHINES

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therefore, does not have to satisfy the age execution of the instrument transferring the property requirement. and must have completed the course within three Under section 81AA, a young trained farmer is years thereafter. Repayment claims under section 81A required to hold one of the educational had to be made within six months of attaining the qualifications set out in schedule 2B of the SDCA, relevant qualification. which are listed on pages 8-11 of the Revenue The transferee(s) must furnish a declaration that it Commissioners’ leaflet SD2B. is his/their intention to retain ownership of the land Relief under section 81AA will also be available in for a period of five years from the date of acquisition certain circumstances for the holders of of the property, or, in the case of a repayment claim, qualifications under previous versions of the relief for a period of five years from the date the repayment Prize porker hams it up specified in schedules 2 and 2A SDCA. There is a claim is submitted to the Revenue Commissioners. requirement for these qualifications to be The transferee(s) must also furnish a declaration supplemented by further farm-management and that it is his/their intention to spend not less than agricultural/horticultural courses of certain 50% of his/their normal working time farming the minimum durations. The qualifications specified land. under the transitional arrangements must be obtained before 31 March 2008. Ee-aye-ee, I owe People with restricted learning capacity will be The relief is subject to clawback if the land is able to satisfy the educational qualification disposed of within five years of the date of execution requirement where he or she obtains a letter from of the instrument whereby the property was acquired Teagasc confirming satisfactory completion of a (or within five years of the date of submission of a Teagasc-approved course of training for those who repayment claim), and the proceeds of sale are not are, in the opinion of Teagasc, restricted in their fully re-invested in land within one year of such learning capacity due to physical, sensory or disposal. If only part of the land is disposed of, then intellectual disability or mental health. the clawback will relate only to the portion disposed of. The clawback is structured as a penalty Counting your chickens proportional to the duty that would have been paid if Under section 81AA, for instruments executed after the relief did not apply. Interest is payable on the 2 April 2007, where the transferee meets all of the penalty at the rate of 0.273% per day or part thereof requirements for the relief except holding the from the date of disposal (or part disposal) up to the required qualifications, the transferee can claim the date on which the penalty is paid. The creation of a relief provided that the required qualification is joint tenancy by a young trained farmer with his/her obtained within four years from the date of spouse, or the disposal from one joint owner to execution of the instrument transferring the another joint owner, does not trigger a clawback. property. In such situations, the stamp duty must be Where any declaration made in claiming the relief paid on transferring the property and a claim for or any certificate included in the instrument of repayment of the stamp duty can be made within four transfer is untrue in any material particular that years from the date of attaining the educational would have resulted in the relief not being granted, qualification. Under the section 81A relief, the and was made or included knowing same to be untrue transferee had to have completed at least one or in reckless disregard as to its truthfulness, then a academic year of the relevant course at the date of clawback by way of penalty of 125% of the duty that would otherwise have been payable will apply. Interest is payable on the penalty at the rate of 0.273% per day or part thereof from the date of CREAM OF THE CROP execution of the instrument (or, in the case of a Section 101A SDCA provides an exemption from stamp duty on the sale, repayment claim, the date on which the claim is transfer or other disposition of a single farm payment entitlement. The submitted) to the date on which the penalty is paid. exemption was introduced by the Finance Act 2006 for instruments executed on or after 1 January 2005. The Revenue Commissioners regarded single farm Eggs in one basket premium entitlements as stampable at non-residential property rates until the Adjudication is essential in order to claim the relief. introduction of the exemption in the Finance Act 2006. There is, accordingly, the The instrument of transfer should contain a possibility that some people may be entitled to refunds for duty paid on certificate in the following terms: “It is hereby transfers executed on or after 1 January 2005 and before the exemption certified that section 81AA (young trained farmers) of introduced by Finance Act 2006 clarified the position. Claims for refunds should the Stamp Duties Consolidation Act 1999 applies to this be made within four years from the date of stamping. instrument.” Where an instrument relates to both a payment entitlement and other The application for relief must be accompanied by chargeable property, the consideration must be apportioned on a just and the application form, which is contained in leaflet reasonable basis between the payment entitlement and the other property. Only SD2A, signed by the transferee (and where there is the portion of the consideration referable to the latter is chargeable to stamp duty. more than one joint owner, an application form must be signed by each of them). The application form

30 www.lawsociety.ie COVER STORY LAW SOCIETY GAZETTE AUG/SEPT 2007

LOOK IT UP is his/their intention to remain a farmer and to farm the relevant land for a period of five years from the Legislation: date on which the first claim for relief was made. • Finance Act 2006 Where the purchased land is disposed of within • Finance Act 2007 five years from the date on which the first claim for • Stamp Duties Consolidation Act 1999 relief was made, the relief will be clawed back. • Taxes Consolidation Act 1997 (amended) Clawback does not apply to land that is compulsorily purchased, though in such contains the declarations referred to above in the circumstances no further relief will be allowed on paragraph entitled ‘Other conditions’. The application the purchase of land arising out of the sale occurring must be supported by copies of the relevant on foot of the compulsory acquisition. The clawback qualifications. Where an application is being made is structured as a penalty equal to the difference under the transitional arrangements, this fact should between the duty that would have been payable if be stated in the application and the qualification(s) in the relief did not apply and any duty actually paid. A question should be clearly identified and copies of disposal of land by a farmer during the five-year such qualification(s) should be provided in support of retention period to a spouse for the purpose of such an application. creating a joint tenancy does not trigger a clawback. Clawback will arise if any declaration or Brand new combine harvester certificate was untrue in any material particular that Section 81C SDCA provides a new relief from stamp would have resulted in the relief not being granted, duty on the purchase of land effected for the purpose and which was made or included knowing the same of consolidation. Land for the purposes of this relief is “Where the to be untrue or in reckless disregard as to its agricultural land (including lands suitable for purchased truthfulness. Clawback will also arise where a occupation as woodlands on a commercial basis) and consolidation certificate furnished to the Revenue such farm buildings as are of a character appropriate land is Commissioners is not valid as at the date of to the relevant land, but not including farmhouses or disposed of application for the relief. mansion houses unless derelict and unfit for human Adjudication is essential in order to claim the habitation. Section 81C SDCA replaces the relief within five relief. The instrument of transfer should contain the contained in section 81B SDCA, which expired on 30 years from the following certificate: “It is hereby certified that June 2007. The previous relief applied where there section 81C (farm consolidation relief) of the Stamp was an exchange of land for the purpose of date on which Duties Consolidation Act 1999, applies to this consolidation, whereas the new relief applies to a sale the first claim instrument.” The application must be accompanied and purchase of lands effected for the purpose of by a valid consolidation certificate and the written consolidation. The new relief requires a for relief was declarations referred to above. The Revenue commencement order from the Minister for Finance made, the Commissioners are empowered to specify the form and, subject to the making of same, the new relief will of the declarations. apply to instruments executed on or after 1 July 2007 relief will be and on or before 30 June 2009 (‘relevant period’). clawed back” Sowing wild oats The relief is available where there is a sale and Section 83B SDCA is a new relief introduced by purchase of land within 18 months of each other that the Finance Act 2007 and is applicable to transfers meet the conditions of consolidation. Stamp duty will of farmland from a child to a parent where it is only be paid on the purchase to the extent that the made as part of an arrangement to which the new value of the land that is purchased exceeds the value capital gains tax relief contained in section of the land that is sold. If the purchase takes place 599(1)(d) of the Taxes Consolidation Act 1997 (as first, stamp duty must be paid and, on the subsequent amended) applies. The new capital gains tax relief sale, the stamp duty on the earlier purchase can be provides that where a parent transfers certain reclaimed. Where the sale occurs before the purchase, farmland to a child and, in consideration, the child then relief is available at the time of purchase. The transfers land to the parent, no gain arises on the purchase must be made by a farmer, being a person disposal by the child. who spends not less than 50% of that person’s Under section 83B SDCA, no stamp duty is working time farming. A company is expressly chargeable on the transfer of the land from the child excluded from claiming the relief. to the parent. To qualify for the relief, the applicant must obtain Adjudication is essential in order to claim the a certificate from Teagasc certifying that Teagasc is relief. The instrument of transfer should contain the satisfied that the sale and purchase of the relevant following certificate: “It is hereby certified that lands (which must both occur within the relevant section 83B (certain family farm transfers) of the period and within 18 months of one another) Stamp Duties Consolidation Act 1999 applies to this complies with guidelines that are yet to be issued by instrument.” G the Department of Agriculture and Food. The applicant(s) must furnish a declaration that it Emmet Scully is a partner in LK Shields Solicitors.

www.lawsociety.ie 31 LAW SOCIETY GAZETTE AUG/SEPT 2007 JUDICIAL APPOINTMENTS theRIGHT stuff Only two appointments of solicitors directly to the superior courts have been made in the past five years, despite solicitors constituting 80% of all practising lawyers. Jennifer Carroll lifts the veil on what it takes to be a solicitor and sit on the bench of the Supreme and High Courts

udicial appointments in Ireland are section 8 of the Courts and Court Officers Act 2002 increasingly scrutinised for their content and has led to a lack of confidence among solicitors in political flavour. The role of political applying for senior judicial posts. This has been patronage continues to be a dominant theme demonstrated by the dramatic reduction in the Jin discussions about how judges are chosen number of solicitors applying. in Ireland – whether it is still operative since the creation of the Judicial Appointments Advisory Limiting and ambiguous Board (JAAB) and whether it would even matter in a The Courts and Court Officers Act 2002 provides for system where judges were free from government the direct appointment of solicitors to the superior influence in their decision-making. courts. This statute is an important development in Of more immediate concern to the Law Society is the analysis of the judicial appointments system in the actual content of judicial appointments and, Ireland as, in theory, it considerably widens the pool more particularly, the number of solicitors being of individuals entitled to apply to the JAAB for appointed to the superior courts in Ireland. Here, consideration for appointment to the superior courts. the Law Society has raised its concern about the In practice, however, it is limited by section 8 of number of solicitors appointed by the government the 2002 act, which requires that the candidates that to the superior courts, making the case through its are recommended to the minister by the JAAB are president that there is an element of bias in the individuals who have “an appropriate knowledge of government in favour of the experience of the the decisions, and an appropriate knowledge and candidate as a barrister (Gazette, June 2007, p5). appropriate experience of the practice and procedure, Concern was expressed that, since the enactment of of the Supreme Court and the High Court”. legislation allowing solicitors to be appointed Section 8(7)(b)(ii) spells out this requirement by directly to the superior courts, there has only been instructing the JAAB to, in determining whether such MAIN POINTS one such appointment in the intervening five-year an appropriate knowledge exists, have regard to the • Judicial period – despite solicitors constituting 80% of all nature and extent of the practice of the person appointments and practising lawyers. At the time of the article’s concerned, insofar as it relates to his or her personal the solicitor publication, the number was increased to two, with conduct of proceedings in the Supreme Court and the • Structural barriers the direct appointment to the High Court of Mr High Court, whether as an advocate or as a solicitor to entry for Justice Sheehan. instructing counsel in such proceedings, or both. solicitors Perhaps some bias is operative in judicial In its 2006 annual report, the JAAB states at page • Ambiguous appointments by the government, but there are ten that the purpose of this provision seems to be to wording of the other structural barriers to entry for solicitors in the ensure that solicitors appointed to the Supreme and Courts and Court judicial appointments process before their name ever High Courts are sufficiently conversant with practice Officers Act 2002 reaches the government for consideration for and procedure in the superior courts. The superior court positions. The ambiguous wording in requirement of relevant experience is obvious. After

32 www.lawsociety.ie JUDICIAL APPOINTMENTS LAW SOCIETY GAZETTE AUG/SEPT 2007

all, one wouldn’t employ an oncologist to perform a before applying. It is clear that both solicitor heart transplant. The trouble is in how “appropriate advocates and solicitors instructing counsel in the knowledge and appropriate experience” is defined, by High Court are eligible. Does that mean one need whom it is defined, and how the definition is applied never say a word in court and be appointed to the to the different branches of the legal profession. At the High Court? What does “nature and extent” of the moment, all of these questions are decided by the practice of the person in the superior courts actually JAAB. None have ever been reported by the JAAB, mean? Is there a rule of thumb that can be applied to and there is no formal rule (nor informal precedent of a solicitor’s conduct of proceedings in the court – if I which I am aware) of the JAAB to guard against a have instructed counsel in 30 personal injuries cases a change in the personalities of the board materially year for the past 15 years in the High Court, am I affecting this essentially subjective definition over time. eligible? If I am the dedicated solicitor advocate with Other guidance is provided by section 16 of the a large firm of solicitors and appear before the High Court and Court Officers Act, which provides that the Court every day for motions and hearings across a JAAB should recommend candidates who have range of High Court lists, am I eligible? If I am a displayed in their respective practice a “degree of senior employment litigation specialist, always run competence and a degree of probity appropriate to my own cases in the Employment Appeals Tribunal, and consistent with the appointment concerned”. But, but the nature of practice does not require regular quite correctly, the JAAB interprets this as only a High Court appearances, am I eligible? minimum standard and so does not provide any Therefore, the actual effect of section 8 is that its additional assistance for the solicitor making the ambiguity may operate as a disincentive to apply, and decision to apply. act to restrict the pool of potential superior court Therefore, once the explicit qualification in section candidates beyond its original purpose. It will 8 of the 2002 act is applied, the number of solicitors continue to do so until either: who may be eligible for appointment is dramatically • The legislation is amended; reduced and certainly would not come close to 80% • There is an authoritative interpretation of this of practising lawyers. The issue for individual provision that would remove any ambiguity as to solicitors is being confident that they will fit the bill what constituted “appropriate knowledge and

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appropriate experience of the practice and procedure of the Supreme Court and the High ASSESSING THE CURRENT POSITION Court”; or • A greater number of solicitors are seen to exercise It is the content of the High Court applications that are more relevant for their rights of advocacy in the superior courts in assessing the current position of solicitors in senior judicial appointments. During the manner currently perceived by the JAAB to be the period 2002-2006, there were 11 vacancies on the High Court for which the necessary for the purposes of the fulfilling the JAAB considered candidates. In total, there were 14 appointments to the High requirements of section 8. Court in this period, and the other three were made by the promotion of a Circuit Court judge or the direct appointment by the government of individuals who had Too few applicants not applied to the JAAB as judicial candidates. This practice is permissible so long I believe it is this ambiguity that explains the as the government publishes a notice in Iris Oifigiúil to that effect. All such direct disproportionately low number of solicitors applying appointments by the government have been barristers. for senior judicial vacancies. The JAAB publishes the Of the 102 applications for these positions, only 35 (34%) came from statistics of the applicants for judicial vacancies on a solicitors. Of those 35, 22 (63%) were applications made in 2002, when there court-by-court basis in its annual reports. An was an initial flurry of applications by solicitors, who accounted for 42% of the examination of the five JAAB annual reports total applications to the JAAB for High Court positions in that year. Since then, published since solicitors could be directly appointed solicitors have been demonstrably disillusioned with their prospects in the senior in 2002 shows that the proportion of solicitors judicial appointments process, accounting for only 23%, 28% and 26% of the applying for senior judicial vacancies is considerably applications to the JAAB for High Court positions in 2004, 2005 and 2006 less than their barrister counterparts. For example, in respectively. (The JAAB did not seek any applications for vacancies on the High the period 2002-2006, there were three vacancies on Court in 2003, when two positions were filled by a promotion from the Circuit the Supreme Court considered by the JAAB, all of Court and the direct appointment of a barrister by the government.) There is no which were filled by the promotion of High Court published data on what proportion of the candidates recommended by the JAAB to judges (promotions between courts are outside the the government were solicitors. We are left to assume that it is commensurate remit of the JAAB). There were six applications to with the proportion of solicitors applying to the JAAB in the first instance. the JAAB for these vacancies – two-thirds from solicitors. Statistically, however, there is little value in applying for a direct appointment to the Supreme It is really very difficult to determine the real position of Court, as the positions are almost exclusively filled by solicitors in relation to senior judicial appointments promotions from the High Court (which, for the without some clarification beyond the minimum standard time being, is primarily comprised of former set in the 1995 act and the secret, subjective and practising barristers). potentially periodically variant barometer applied by the 2002 act. What is to be done? Internally, the Law Society should actively promote Any residual uncertainty surrounding the judicial judicial careers among their members. On reaching the appointments process in Ireland will operate to requisite number of years of practice experience, the Law discourage the very best legal practitioners, as rational Society could, as a matter of course, send a reminder to actors, from applying for these already difficult its members about their eligibility in respect of the positions. This is entirely contrary to the public different courts and a guide to the application process. interest and the public confidence in the The Law Society could also offer a discreet application- contemporary judicial institutions. There are two assistance programme to members who are considering initial steps I believe can be taken by the Law Society applying to the JAAB. to overcome the barriers of section 8 and promote its In respect of superior court appointments, the Law members’ interests in the superior court appointment Society should make an effort to determine, as best it process. can, what proportion of its members exercise their right Externally, the Law Society should campaign for of advocacy in a manner consistent with being eligible better transparency in what the JAAB perceives to for appointment under section 8 of the act. Once that constitute “appropriate knowledge and appropriate figure is established, the proportion of eligible candidates experience” of superior court practice and procedure. actually submitting applications can be determined, and possibly compared with the proportion of eligible LOOK IT UP barristers making similar applications. It is through establishing these figures that the Law Society will be Legislation: in a stronger position to advocate on its members’ • Courts and Court Officers Act 1995 behalf and develop the institutional culture and • Courts and Courts Officers Act 2002 supports to encourage solicitors to apply for senior judicial office. G Literature: • Judicial Appointments Advisory Board Annual Jennifer Carroll qualified as a solicitor in 2007 and is Reports 2002-06 currently a Government of Ireland PhD Scholar in the School of Politics and International Relations, UCD.

www.lawsociety.ie 35 LAW SOCIETY GAZETTE AUG/SEPT 2007 CRIMINAL LAW

MAIN POINTS Apart from the right to silence, the Criminal Justice Act 2007 makes a • Criminal Justice number of changes to other areas of law – principally bail, sentencing and Act 2007 detention. Diarmuid Collins picks the lock for practitioners • Changes to bail, sentencing and part from the right to silence, dealt is a criminal offence to knowingly provide false or detention with in the July Gazette, p22, the misleading information in either form. If inaccuracies • New mandatory Criminal Justice Act 2007 introduces a do find their way into the statement, practitioners sentences for number of changes to other areas of should ensure that a court does not infer dishonesty, second convictions law, principally bail, sentencing and and therefore an increased likelihood of flight, into for certain A detention, which practitioners should familiarise what might be an innocent failure to include a offences themselves with. previous source of income or conviction. Another risk The changes that will have perhaps the biggest is that a court might improperly infer from immediate impact on practitioners are those relating unexplained property that the applicant is a to bail. Primarily, people charged with serious offences professional criminal and should therefore be refused applying for bail may have to provide a statement bail. The purpose of the statement of means, enacted setting out certain matters, including: previous pursuant to a recommendation of the Supreme Court convictions; bail history, including terms and in DPP v Broderick, is to provide a court with a basis to compliance therewith; sources of income over the assess the amount bail should be set at, not whether it previous three years; and any property (including cars) should be granted at all. owned by them with a value in excess of €3,000. If the The principal effect of this provision will be to application is made in the Circuit or High Court the place the onus on the applicant to prove they are statement must be furnished to the prosecutor with impecunious and deserving of a small bail bond. the notice of the application. If in the District Court, However, it seems likely that this provision will be it must be furnished as soon as reasonably practicable used tactically by prosecutors to seek to delay bail and before the bail application is made. The court can perhaps extract assistance from the applicant. extend time for the production of the statement or Detainees might be told that if they do not provide may dispense with the requirement altogether if there information, the statement will be required of them is good and sufficient reason for so doing. The parties and they may be refused bail and have their house or can also consent to it not being required – and it is car seized by CAB. But verification of matters in the not required if the prosecution indicates that it is statement will also represent a drain on garda going to consent to bail. resources, so by writing early and formally asking for garda assistance in completing the form, thereby It doesn’t pay invoking the extra garda workload, applicants may be Whereas the legislation has been in force since 1 July, able to avoid delays and perhaps discourage them from at the time of writing the ‘prescribed form’ mentioned insisting on production of the statement at all. It may in the act has yet to be produced. However, the DPP be that it is only where the CAB is already monitoring is now requiring compliance with the section in the an applicant that the means statement will be High Court in any event, and defence solicitors have vigorously contested. been providing the information in an ad hoc form. In any event, practitioners might write to prosecutors Discipline and punish asking them to indicate if they are consenting to bail, Another provision in the act allows for the opinion of the basis for their objections if they are not, and garda superintendents – that a refusal of bail is whether they will require production of this necessary in order to prevent commission of further statement. Neither applicants nor their legal advisors serious offences – to be admissible as evidence in bail may be able to fully account for their previous applications. It might be argued that this class of convictions, so it may be appropriate to ask the gardaí opinion evidence is already given in every contested to provide a PULSE printout of such matters. bail application, and thus this provision may have PULSE will not, however, cover bail history (unless represented no more than pre-election bluster. the defendant was convicted for non-attendance), so it However, it might come into play in a situation where may prove useful to maintain a record of bail granted an applicant has no previous convictions or breaches to recidivist clients. An alternative will be to request of bail, but the gardaí nonetheless believe he is a major the gardaí to account for bail history. criminal who will commit further serious offences on Once the statement is required, practitioners will bail. In the absence of any objective basis for the garda have to exercise caution to ensure that its contents do opinion – that is, antecedents – a court in such a not conflict with anything in any statement of means situation should not refuse bail on the basis of the produced for the purposes of obtaining legal aid, as it opinion alone. This provision may allow a court to do

36 www.lawsociety.ie CRIMINAL LAW LAW SOCIETY GAZETTE AUG/SEPT 2007 AND THROW AWAY

PIC: RICHARD GARDNER/REX FEATURES THE KEY

just this, though obviously such a refusal would be the imposition of a custodial sentence by the District treading a fine line of constitutionality. Weight will be Court, one of the conditions of the recognisance shall key and, by analogy with membership cases, if the be that they prosecute the appeal. Presumably aimed applicant is prevented from challenging the at those applicants who appeal purely for the purposes superintendent’s opinion because he claims privilege of remaining at large, it is to be hoped that this over the sources of his information, it is to be provision will not result in people being forced to fully presumed that fair procedures require that less weight pursue pointless appeals for fear of losing cash be put on such an opinion. recognisances if they withdraw them prior to hearing. The act also contains further changes to the law on There are also further provisions relating to electronic bail and recognisances generally, principally the monitoring, though at the moment the introduction of introduction of a prosecution appeal against a grant of tagging seems neither technologically, economically bail or its terms. The Circuit Court can also, upon the nor politically viable. order of the High Court, be given jurisdiction to hear bail appeals, which, if invoked, might go some way to If you can’t do the time reducing the overcrowded list in Cloverhill. There are Sentencing forms the subject matter of the major also some welcome reforms allowing a court, and creation of the act, a new series of mandatory indeed gardaí granting station bail, to do so without sentences of 75% of the maximum (or ten years attaching monetary conditions, thereby allowing where the maximum is life) for second convictions poorer applicants to take up bail more easily. A court for certain scheduled offences. This provision will also now be able to order estreatment of all or (section 25) has been substantially watered down part of a recognisance rather than just all or nothing, since its initial proposal, in that simple burglary has as is currently the situation. One interesting new been removed from the schedule and the sentences measure provides that, where someone is appealing have been put on a discretionary footing. Judges need

www.lawsociety.ie 37 DATES FOR YOUR DIARY Budapest 26–30 March 2008

The Law Society of Ireland Annual Conference 2008 will take place in Budapest, capital of Hungary. The conference package includes return flights from Dublin or Cork, four nights’ accommodation at the four-star Hilton Hotel, welcome reception and gala dinner. Package price for bookings before 1 December 2007: €995 per person sharing. Package price for bookings on or after 1 December 2007: €1,145 per person sharing. For more information or to register, go to www.lawsociety.ie or phone Anna Keating at Ovation, tel: 01 280 2641 CRIMINAL LAW LAW SOCIETY GAZETTE AUG/SEPT 2007

not now impose the prescribed sentence if they feel it is disproportionate in all the circumstances of the LET THE PUNISHMENT FIT THE CRIME case, a different and altogether more appropriate test than the ‘exceptional and specific circumstances’ The act ‘clarifies’ and re-enacts the so-called mandatory sentences applying to proviso that pertains with section 15A drugs certain drugs and firearms offences, but does not change the law. The restatement offences. As such, the provision will be of much less merely explains the purpose of the provisions and can only be seen as an indication impact since it is essentially discretionary, and from the Oireachtas, if one were needed, that it is unhappy with the way the anyone convicted of a second serious offence, having provisions are being employed. The current position is that first convictions for been sentenced to five years for a previous serious section 15A offences (drugs in excess of €13,000 worth) carry a presumptive offence, would already expect a lengthy sentence. minimum of ten years, subject to the controversial exceptional circumstances and Nonetheless, practitioners will have to be able to material assistance provisos. Second convictions for section 15A carry the only advise as to when it applies, that is, on a second actual mandatory sentence for drugs offences, a minimum of ten years. First conviction for a scheduled offence (murder, assault convictions for simple section 15s (less than €13,000) carry a maximum of one causing serious harm, threatening to kill or cause year tried summarily and life on indictment, but no mandatory minimum. Second serious harm, false imprisonment, certain serious convictions on indictment for a section 15 (or after any previous scheduled offence explosives and firearms offences, aggravated where the provision applies) carry a presumptive minimum of ten years, subject to burglary, drug trafficking offences, blackmail and the the proviso that that sentence not be disproportionate. Though the bill contained a ‘gangland’ offences created by the 2006 act). The proposed actual mandatory sentence in respect of first-time possession of more first offence must have resulted in a non-suspended than €500,000 worth of drugs, this did not find its way into the enacted legislation. sentence of at least five years, and the second offence must have been committed within seven years of the first (exclusive of any period spent in custody) and, in to forcibly take photos or fingerprints (the taking of any event, after 18 May 2007. Both offences must be which must be videotaped), or to take them again prosecuted on indictment. With any conviction for a where the first set have been lost or are imperfect. scheduled offence, first or otherwise, a court must There is also a removal of the presumption in also consider whether it is appropriate to make the favour of destruction of samples taken – the person offender subject to monitoring or protection orders, must now apply to the Garda Commissioner to have lasting up to seven years after release, requiring them them destroyed, with appeals lying to the District to notify gardaí of their movements and limiting and Circuit Courts. Another change is the removal their interaction with victims. of the blanket entitlement to a video of interview – A key effect of this provision, and a perennial you must now have been charged with an offence criticism of mandatory sentencing generally, is that it and get a court order (a ‘section 56 order’) to replaces the discretion of the sentencing judge with receive the video. There is also no longer a that of the prosecutor. For instance, in deciding requirement on gardaí to take notes during a whether to proceed on indictment with a recorded interview, which should speed up prosecution for possession of drugs for sale or supply questioning. where the provision applies to an accused, the Most practitioners have yet to come to grips with prosecutor can now change a potential sentence the 2006 act and have now been presented with from a maximum of one year when tried summarily, another tome. The dangers of over-legislating are to a presumptive minimum of ten years on evident in this act, in that an insertion into section LOOK IT UP indictment. The threat of proceeding on indictment 15(2) of the Criminal Justice (Theft and Fraud Offences) Cases: as a bargaining chip to induce defendants to provide Act 2001 has abolished an offence (of being in • DPP v Broderick them with assistance. In this regard, practitioners possession of an article made or adapted for use in [2006] 1 IR 629 should be aware that the scheduled drug trafficking the course of commission of an offence) that offences are broadly defined and include production previously existed under that section. As such, any Legislation: and simple section 15 offences, that is, possession of prosecution for this offence allegedly committed after • Criminal Justice amounts with a value less than €13,000. 18 May 2007 is null and void, so some gardaí (Theft and Fraud It is helpful, then, to review the sentencing understandably unable to keep pace with these Offences) Act 2001 regimes now in place for drugs offences (see panel). changes are still prosecuting this, and there has already been at least one successful habeas corpus Literature: Jailhouse rock application in respect of a defendant who was in • Guidance Paper for Part 9 of the act creates a new power of detention custody pending trial for such an offence. Criminal Justice for up to one week for certain scheduled offences Notwithstanding the expressed intention of the Legislation 2006- (murder involving a firearm or explosives, capital previous minister to codify the criminal law into a 2007, Tony murder, possession of firearms with intent to single volume, the principal effect of these two McGillicuddy BL, endanger life and false imprisonment). This follows opuses has been to bamboozle practitioners. It available for a scheme of referral to senior gardaí and District remains to be seen whether the new minister is quite purchase from the Court judges similar to the week-long power of so industrious. G author (tel: 01 detention already existing under drug trafficking 817 5980) legislation. Gardaí are also to be given a new power Diarmuid Collins is a Dublin-based barrister.

www.lawsociety.ie 39 LAW SOCIETY GAZETTE AUG/SEPT 2007 WILLS AND PROBATE A QUESTION OF TRUST Parents concerned with setting up the most suitable type of inheritance for their children will wish to do so in the most tax-efficient manner – while also seeking to protect their offspring from inheriting at an immature age. Aileen Keogan provides some trusty advice

here is an age-old problem presented by acquisitions tax (CAT), capital gains tax (CGT) and clients in relation to how to provide for income tax purposes, the child is deemed to inherit their children on their deaths, where the the asset at the date of death of his parent, and is parents wish an inheritance to pass to taxed accordingly. For CAT purposes, the usual tax- T their offspring in a tax-efficient manner, free threshold (€496,824 in 2007) is applied to the yet they wish to protect their children from inheriting value received, and the balance is subject to at an immature age. Typically, the parents wish to inheritance tax at 20%. At age 18, the inheritance is provide that, after provision has been made for the handed over to the child. surviving spouse, the children should not inherit until Advantage. The principal advantage to this type of each is aged 25. inheritance is the fact that the tax is paid immediately. The implications of taxes and protection for children Disadvantage. The principal disadvantage to this have not been considered in any great detail to date as, method of providing for a child is the fact that there is fortunately, it is rare for both parents to die when their no restriction in legal terms on the child taking (and children are young. Now, however, because of spending) his inheritance at age 18. Many young separation or divorce, a sole parent might wish to adults are not sufficiently mature at that age to handle provide for his children on his death alone. Also, clients an inheritance of significant value. with significant wealth often wish to provide that their spouse will only take part of their estate on death, with Using your discretion part passing to the children while the spouse is still Despite the fact that discretionary trusts are consider- alive. There are now more instances of young children ed to be tax-avoidance structures, they are in fact the inheriting on the death of one parent only. best way of protecting children from taking an inher- itance until each child is sufficiently mature to do so. Baring all Legal effect. Under such trusts, the parents select The most tax efficient method of taking an inheritance trustees whom they trust to make the judgement call is to give it to the child so that he or she takes it on the level of maturity of each child. The trustees absolutely. This is held in a bare trust when the child is will appoint trust assets to the children at their still under the age of 18. absolute discretion. MAIN POINTS Legal effect. The legal effect of this for a child is Tax effect. The tax effect of this is that the child is • Children and that, as the child cannot give a valid receipt to the deemed to inherit the asset at the date of the inheritance executor until he ‘comes of age’ at 18, the inheritance is appointment of the trust assets to him, on the exercise • Different types of protected from the child in a bare trust until that age. by the trustees of the discretion, and the child is taxed trust However, once 18, the child is entitled to call on the accordingly. The usual tax-free threshold (€496,824 • The legal and tax bare trustee to hand over the inheritance. Most parents in 2007) is applied to the value received by the child, effects would be concerned that a child is not sufficiently and the balance is subject to inheritance tax at 20%. • Advantages and mature at that age to receive an unrestricted Once the youngest child who can benefit under the disadvantages inheritance. trust reaches his 21st birthday, if the trust is still in Tax effect. The tax effect of this is that, for capital place, or to the extent the trust still applies to certain

40 www.lawsociety.ie WILLS AND PROBATE LAW SOCIETY GAZETTE AUG/SEPT 2007 PIC: ALEXANDRA CAMINADA/REX FEATURES

assets, discretionary trust levies apply (6% initial and inheritance at a particular age – the typical age being 1% per annum thereafter, with a refund of 3% if the 25. Where parents instruct that they would like their trust is wound up totally within five years). child to inherit at a particular age, it should be The appointment from the trust to the child is a explained to them that reaching a particular age is not taxable event for CGT purposes, although usually necessarily a guarantee of maturity. There are also there is a credit available for the CAT paid. ‘hidden’ taxes that make this form of trust quite Advantage. The inheritance is protected from the inefficient for tax. child in a discretionary trust until the trustees exercise Legal effect. The legal effect of a fixed trust is that their discretion. While the assets remain in the the inheritance is protected from the child until the discretionary trust, the trustees can apply capital and selected age. Only at that stage is the child entitled to income for the benefit of the child, for example, for call on the trustees to hand over the inheritance to living expenses, education, and so on. him. Disadvantage. Parents can hope that older children Depending on how the will is drafted, while the in the family will have shown sufficient maturity by child is under the age of 18, the trustees can or must the time the youngest child reaches his 21st birthday, apply the income of the inheritance for the benefit of so that the trustees will have appointed out the older the child. If the trust does not allow the accumulation children’s share of the inheritance to them and thus of income, the income not yet applied to the child at avoid levies on their shares. However, the youngest regular intervals to age 18 (from the date of death of child is unlikely to have reached sufficient maturity the parent) must be paid out in a lump sum at age 18. before the age of 21 to enable the trustees to be All future annual income must be paid out to the confident in appointing his share to him. Therefore, child at regular intervals from age 18 onwards. his share is most likely to remain in the trust and be Tax effect. The tax effect depends on the version subject to the additional tax cost of the levies. of the fixed trusts that applies. Assuming the selected age is 25, the following applies. Quick fix Power to accumulate: where the trustees have power Parents may take the view that there will come a time to accumulate income, the trust is deemed to be a when their child should have achieved maturity. Many discretionary trust for CAT and income-tax purposes wills, therefore, provide that a child should take his (section 2(1), Capital Acquisitions Tax Consolidation Act

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2003). On the child’s 21st birthday, if there are no the value received and the balance is subject to other principal objects in the trust, discretionary trust inheritance tax at 20%. In effect, there is a double levies will arise (6% on the child’s 21st birthday and charge to CAT on the same assets in the trust. This 1% per annum thereafter, albeit that 50% of the 6% tax treatment is, however, uncertain as it rests on the levy will be refunded on the 25th birthday). On the Revenue’s interpretation of the legislation in light of child’s 25th birthday, the child is deemed to inherit the the case of Jacob (Brigid Kathleen) v Revenue asset at that date and is taxed accordingly. The usual Commissioners, which was settled without fully tax-free threshold is applied to the value received and determining the issue of value. Again, the winding the balance is subject to inheritance tax at 20%. The up of the trust on the 25th birthday is a taxable difference between this trust and the discretionary event for CGT purposes, although usually there trust is that the trustees here do not have the is a credit available for the CAT paid. flexibility to amend the trust to avoid the levies. Disadvantage. The effect of this is that the Again, the winding up of the trust on the 25th birthday typical fixed trust is quite tax inefficient, either is a taxable event for CGT purposes, although usually because of the discretionary trust levies or because there is a credit available for the CAT paid. of the risk of double taxation for CAT. In any event, No power to accumulate: where the trustees do not it does not afford real protection for a child should Bear trustees are a have power to accumulate income, it is Revenue’s view that child still be immature at the selected age. Also lot different to bare that the child is deemed to inherit an interest in income may need to be apportioned out before the trustees. If you get possession for CAT purposes on the death of the child is mature. the wrong one, just play possum parent. In such a case, assuming the child survives to age 25, this inheritance is ultimately taxed as a limited Balancing act interest calculated by subtracting from 25 the age of While at first sight it may seem sensible to advise the child at the parent’s death to arrive at a calculation parents to take the ‘balanced’ view between protection of a ‘period certain’ (and then applying the rules in and tax efficiency by adopting a fixed-trust structure, schedule 1, part 1, paragraph 6, to arrive at the taxable such a structure does not afford the tax efficiency that value). The usual tax-free threshold is applied to the one would assume. Also, given the nature of a fixed value received, and the balance is subject to trust, the protection is only available until a particular inheritance tax at 20%. On the child’s 25th birthday, age, whether a child is in fact mature at that age or the child is deemed to inherit a further absolute not. It is, therefore, more appropriate to suggest to interest in the trust fund, at the value at that date of the parents that their assets be divided into certain the trust fund for CAT purposes. The child’s earlier asset types – those suitable to put into a tax-efficient fixed interest is aggregated with the absolute interest bare trust, and those that should be held back in a now taken. The usual tax-free threshold is applied to protective discretionary trust. Assets suitable for bare trusts include those that are restricted in some other way – including investment LOOK IT UP assets held in joint names with others, where their Cases: consent is required to sell, or assets that are subject to • Jacob (Brigid Kathleen) v Revenue Commissioners mortgages that require the bank’s consent to sell. G 1984 III ITR 104

Legislation: Aileen Keogan is a solicitor with McCann FitzGerald • Capital Acquisitions Tax Consolidation Act 2003 and is co-author of The Law and Taxation of Trusts (Tottel, 2007).

www.lawsociety.ie 43 LAW SOCIETY GAZETTE AUG/SEPT 2007 COUNTY FOCUS Birthplace of HERO In the first of hat’s your phone line installed in the town. O’Hagan recites other number?” Donal phone numbers – solicitors’ firms that were among an ongoing O’Hagan barks across the first businesses in Dundalk to get phone lines. series of the table at Sheila From a phone number, O’Hagan can tell a little bit of Maguire. Before she can a firm’s history. And, reciting them, he’s telling this profiles of bar “W answer, he’s reciting numbers. “065”, he finishes, with outsider something about the profession here: that it associations an air of quiet triumph. “Sixty-five.” is a collegial one, and that it is one that has a sense of There’s a lot of acting being done hereabouts, but its own history. around the this isn’t a performance from Rain Man. Donal I’m in Dundalk to take the pulse of one of Louth’s country, Colin O’Hagan is president of the County Louth Solicitors’ bar associations for the first in what is to be an Bar Association. And Sheila Maguire is a newly ongoing series of profiles of bar associations around Murphy qualified solicitor at Daniel O’Connell & Son. If she is the country for the Gazette. The town itself has many travelled to bemused by this apparent eccentricity, she doesn’t of the characteristics of almost any provincial town in show it. For there is method in O’Hagan’s seeming Ireland today: traffic, construction sites, new office Dundalk for madness. blocks, estate agents on the main street, beautiful the Gazette to Dundalk phone numbers at first consisted of just foreign waiting staff in the local café. It is marked, two digits. The phone number of Daniel O’Connell though, by this sense of history. take the pulse & Son was, at one time, just ‘65’ – theirs was the 65th The town is dominated by two historic buildings, of the Louth Solicitors’ Bar Association

MAIN POINTS • Largest town in the ‘Wee County’ • Collegial profession • Strategic alliances Fergus Mullen (PRO, LSBA), Sheila Maguire and Donal O’Hagan

44 www.lawsociety.ie COUNTY FOCUS LAW SOCIETY GAZETTE AUG/SEPT 2007 ES St Patrick’s Church, known locally as ‘the cathedral’, and the courthouse. Curiously, both are based on much older structures elsewhere: the cathedral on the 16th century King’s College Chapel, Cambridge, and the courthouse on the ancient Temple of Theseus in Athens. But there is more history in the hinterland. From the window of his new office, Fergus Mullen, PRO of the bar association, points out a motte and bailey to the northwest of the town known as Cúchulainn’s Castle. Dundalk takes its name from Dún Dealgan, reputed to be the birthplace of Cúchulainn.

No provincial mindset PIC: HOWARD DAVID JOHNSON Dundalk is the largest town in Ireland, larger than some of the smaller cities. It received its charter from Richard II in 1383, and became established as the court town for the county around that time (according to local historian Harold O’Sullivan). A key site in Irish mythical history, later the town marking the limits of the Pale, and, in more recent history, a border town exactly equidistant from Dublin and Lugh of the Long Arm, from whom the county derives its name Belfast, Dundalk has a well-established identity. “If the definition of a ‘provincial’ is ‘someone who “It’s not as There is a strong emphasis on settling cases, which thinks the centre is elsewhere’, then no one from cut-throat. leads to the Dundalk High Court having the highest Dundalk has a ‘provincial’ mindset,” says Fergus throughput of cases, proportionally, in the country, Mullen. There’s a according to O’Hagan. “We get on with the business,” With a long history of law being practised here, great deal of he says. it’s fitting that its practitioners speak of it being a collegial profession. And that collegiality must be cooperation. Strategic alliances also a result of the peculiar nature of Dundalk’s [The ideal] is With the courthouse at the centre of the town, there solicitors’ firms. The largest firm in Dundalk has six is effectively a small legal quarter around it, with many solicitors; of the 37 firms in the bar association, just not fighting of the local firms housed on Francis Street and seven of them have more than three solicitors. With everything Jocelyn Street. “It’s all on our doorstep,” says Fergus many small and single-solicitor firms, “it’s very Mullen. Mullen’s own firm, Woods Ahern Mullen, is important that there are good relations,” says Donal tooth and nail, in the process of moving from their old premises on O’Hagan. “We all depend on one another for but trying to Francis Street to a new office block on Market Square getting business done.” – equally central, but with the advantages of modern Fergus Mullen elaborates. “It’s not as cut-throat. resolve premises and room for expansion. Mullen thinks There’s a great deal of cooperation. [The ideal] is not things” commercial pressure will ultimately lead to mergers fighting everything tooth and nail, but trying to and firms expanding. For O’Hagan, this is one of the resolve things.” challenges facing the profession in Dundalk.

www.lawsociety.ie 45

COUNTY FOCUS LAW SOCIETY GAZETTE AUG/SEPT 2007

“Given the size of firms, they tend to be general in practice. Because of the rate of change in the law – LEGENDARY LOUTH there’s been a massive increase in government regulation – it’s impossible to keep abreast of Covering an area of only 317 square miles, Louth is Ireland’s smallest county everything. There’s a risk of losing business to Dublin, and is affectionately referred to as ‘The Wee County’. It runs northwards from where firms are more specialised.” This will lead, he the River Boyne to the dramatic scenery around Carlingford Lough. The county’s says, to “a push to greater firms and greater name is derived from that of the ancient Celtic mythological figure Lugh. specialisation.” Fergus Mullen sees the possibility of Steeped in legend and lore, Louth was part of the ancient kingdom of Oriel – “strategic alliances” forming between large Dublin- the mystical domain in which many mythological tales are based. Indeed, it was based firms and provincial firms. around the north of the county and in the Cooley Peninsula that the legends of For a newly qualified solicitor, however, “one of the Cúchulainn were set. One of Ireland’s most famous heroes, Cúchulainn took attractions of working in Dundalk is the opportunity centre stage in the story of the Táin Bó Cuailgne. to get an all-round view,” according to Sheila Centuries later, it was the Anglo-Norman invaders who were responsible for Maguire. Her first job was with a law firm in the US, the development of Dundalk and the founding of Drogheda, which grew from the but instead of finding herself in Ally McBeal, she unity of two towns built either side of the Boyne. found, to her disappointment, “it was all insurance The county now has a population of over 111,000 and is served by more than claims”. She came home, apprenticed with James H 60 solicitors’ firms and two bar associations, the County Louth Solicitors’ Bar Murphy & Son, one of the oldest firms in Dundalk Association and the Drogheda Bar Association. (phone number ‘37’, Donal O’Hagan points out), and is now with Daniel O’Connell & Son. With many of her Blackhall classmates going into the large firms in And it would – it is an impressive and elegant court Dublin, she is grateful for the broader opportunity she in a grand courthouse. There are two such courts on has had through working in Dundalk. A ‘first either side of the atrium, the ‘Red’ and ‘Green’ courts, generation’ lawyer, she notes that the status of the so called after the colour of the Victorian livery that profession locally is changing. Though the profession adorns each of them. An OPW refurbishment and still “feels very conservative”, she says, “people aren’t extension project completed in 2003 added two further nearly so in awe of solicitors any more – people don’t courts and modern office space to the complex, while mind saying anything to you”. This, she hastens to preserving its classical lines and sense of openness to add, is a good thing. the public. As with the profession as a whole, the Louth Solicitors’ Bar Association is currently engaged in ‘Absolute legend’ organising continuing professional development And it appears that there is something of a tradition of Don McDonagh lectures and seminars. Given the inconvenience for performance in the legal profession locally, at least as Dundalk’s solicitors of travelling to Dublin for CPD far as one of its more distinguished local sons was events, the bar association started organising its own concerned. Former president of the Circuit Court, seminars last year, with sessions on banking, Frank Roe, who died in 2003 aged 83, was 30 years on conveyancing and state property, and computerisation. the bench and “an absolute legend”, according to Fergus Mullen. Stage left One of the more senior members of the profession Collegiality is promoted through the North Eastern locally, Don McDonough of McDonough, Matthews Lawyers’ Golfing Society, organised by the bar & Breen, recalls a case Frank Roe had as a barrister association, which hosts an annual competition before a Judge Deale. There was a question mark over every September. (This year, it’s in Baltray.) There the proper procedure being used in recording the are annual home and away soccer fixtures against death of a party to the case and the judge, who was a their counterparts in Drogheda and a long list of stickler for procedure, was giving Frank Roe a hard other extra-curricular activities in which local time. “Well, Mr Roe,” he said, “there’s a way of solicitors are prominent. Perhaps foremost among proving your man is dead. Do you have a death these is drama. Appropriately for a PRO, Fergus certificate?” Frank Roe didn’t, but he determined that Mullen is a handy actor, and took a ‘Best Actor’ there was a way the death could be established with gong at the All-Ireland Drama Festival in Athlone sufficient rigour. He called the dead man’s son. for his performance in Frank McGuinness’s Someone “Did you see him die?”, he asked the son. Yes, was Who’ll Watch Over Me. Another ‘Best Actor’ cum the answer. “Did you see him placed in the coffin?” legal eagle is Tim Ahern, brother of the minister for Yes. “Did you see the coffin buried?” Yes. foreign affairs. Perhaps it would be impolitic to The judge was getting the point, and attempted to suggest that there might be an overlap between the intervene. “Just one other question”, insisted Frank vocations of actor and lawyer; suffice to say that Roe. “Have you seen him since?” G Fergus Mullen’s comment while showing me one of the original court rooms, known as the Red Court, The series will continue next month. Bar associations that is: “I’ve often thought it’d be great to stage a are interested in participating should contact the Gazette play here.” at: [email protected] or tel: 01 672 4826.

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5 Dartmouth Road T 01 202 6700 Dublin 6 F 01 660 6920 E [email protected] W www.tomkins.com PEOPLE AND PLACES LAW SOCIETY GAZETTE AUG/SEPT 2007 Real legal eagles take flight From legal practice by day to rocky cliff ledges by night, Ronan Hannigan is a commercial lawyer soaring to new heights, as Anna Bowen reports

ew lawyers would expect PIC: TONY CROSS, WELSH KITE TRUST Ftheir professional experience to make a difference in the restoration of Ireland’s natural heritage. But a conservation award from An Taisce in 2003 recognised 43-year-old commercial solicitor Ronan Hannigan as the exception. Hannigan – chairman and co- founder of the Golden Eagle Trust Limited and a partner with Noel Smyth & Partners in Dublin – has pioneered environmental restoration projects in Ireland for 20 years. The group’s work was most recently celebrated with the return of the white-tailed sea eagle, last bred in 1898. Ronan with a white-tailed sea eagle, which returns to Kerry after an absence of 109 years Hannigan flew to Norway where, accompanied by survived, prompting Hannigan planting projects in 17 counties out by a point. Influenced by his professional climbers, he to head to Scotland for another since 1985. uncles, who were solicitors, he collected 15 chicks for release in five chicks. Collections are Propelling Hannigan’s opted for a degree in law. “I Kerry. They will not breed until restricted to nests journey to devoted ended up in legal practice and 2012 but, as Europe’s largest accommodating at least two conservationist was a book he I’ve never regretted it,” he says. eagle, their revival will be worth chicks and will continue for received from his father when he “It’s an interesting career and it’s the wait. another couple of years. was just seven years of age. The challenging and keeps you “It’s been an exciting year but story told of the demise of the going.” Night-time feeds we’re not finished,” says golden eagle, lost to Ireland as a In terms of his work with the Another triumph this year was in Hannigan. “Ireland’s still missing result of hunting and habitat Golden Eagle Trust, Hannigan’s Wicklow, with the return of the a lot of important birds.” He lists loss. “We have the most legal experience has been red kite – a raptor extinct here ospreys, goshawks, marsh impoverished bird of prey invaluable. “In essence, most of for the last 250 years. The team harriers, cappercaile, cranes and population in any European my life is spent trying to bring brought 30 chicks over from bittern, which thrive in other country,” laments Hannigan. people together, trying to find Wales, and Hannigan made parts of Europe but largely “Ireland was in the Guinness Book common ground, to find a regular night-time feeding trips remain lost to Ireland. of Records for being the only solution to a problem.” to Wicklow before the kites were Besides restoration, Hannigan country in the world to wipe out Through the commitment of released from their pens. He is also focused on strengthening its own golden eagle species and, groups like the Golden Eagle can’t wait to see them existing populations. As in addition, the white-tailed Trust and the National Parks punctuating next summer’s skies director of the Grey Partridge eagle.” and Wildlife Services, Ireland is and, in just three years, breeding Conservation Project, he helped The story upset Hannigan, fulfilling its obligations to the again. set up a site in County Cork this who was developing a keen United Nations Convention on One returned species, which year for the preservation of this interest in wildlife thanks to his Biological Diversity. It is also bred earlier this year, was the farmland game bird. dad’s enthusiasm for the safeguarding the environment golden eagle. It had been absent Native tree-planting is outdoors. Growing up, Ronan for future generations, since 1910, prior to which more another compulsion, which he and his sister delighted in an beginning with Hannigan’s own than 420 traditional nesting shares with his three children. array of unusual pets, including son. “He’s the only six-year-old I sites had been scattered across “Walking through the badgers, barn owls and fox cubs, know who has picked up an the north-west coast. After two woodlands now, which are semi- which their father would bring eagle at his age. Bottom line is, failed breeding attempts in mature and full of wildlife, home and place in their care. you’re here for a very short time 2005 and 2006, two chicks there’s nothing more When he finished school, and the environment is hatched in Donegal in spring. pleasurable,” says Hannigan, Hannigan applied to study something that’s a very long- Not unexpectedly, only one who has helped lead tree- veterinary science, but missed term thing.” G

www.lawsociety.ie 49

PEOPLE AND PLACES LAW SOCIETY GAZETTE AUG/SEPT 2007 Galway solicitors ‘let themselves go’!

n Monday 30 July, the from where we watched our ALL PICS: STAN SHEILDS OGalway Solicitors’ Bar horses romp past the winning Association organised a day at post. Our special guests the races for 160 of its included Circuit Court judges members and friends, writes Raymond Groarke, Gerald James Seymour. The weather Keyes and Carroll Moran. gods smiled upon us as we After the race meeting, enjoyed glorious sunshine at coaches took us to the Ballybrit racecourse for the Radisson Hotel for a buffet first day of the Galway Races. supper and refreshments in the We assembled in all our newly-revamped Verandah finery at Galway Courthouse, Room. from which three coaches A great day was followed by conveyed us to the racecourse. a great night and the A reserved section in the upper socialising went on into the level of the Millennium Stand wee hours. A special word of gave us a prime vantage point, thanks to our sponsor, AIB.

Sisters and solicitors – Sorcha and Ailbhe Burke

Edwina Lynch, Jenny Prendergast and Maeve Joyce

Sarah Cannon, Olivia Traynor, Tina Savage, Joan O’Brien and Cáit O’Donnell

James Seymour (PRO), Kayanne Horgan and Valerie Corcoran (treasurer) Judge Raymond Groarke, Judge Carroll Moran and Judge Gerard Keyes

www.lawsociety.ie 51 LAW SOCIETY GAZETTE AUG/SEPT 2007 PEOPLE AND PLACES

Mayo goes online In Swinford, up to 30 colleagues gathered for the visit of the President of the Law Society Philip Joyce and director general Ken Murphy on 3 July. The bar association has launched a new website, www.mayosolicitorsbarassociation.com Society listens to ‘21st century solicitors’ New head of Investigations and Compliance

he Pensions Board has (Front, l to r): Ann Henry, senior vice-president James MacGuill, president Philip Joyce, director general Tnamed a solicitor, Mary Ken Murphy and Claire O’Regan. (Second row): Louise Rouse, Rachel Minch, Patrick O’Riordan, Jill Callanan, Hutch, as the new head of deputy director general Mary Keane and Philip Nolan. (Back row): Paul Madden, Aisling Kelly, Gareth Bourke, Investigations and Compliance. Emer O’Sullivan and Loughlin Deegan The Investigations and Compliance Unit monitors he Society recently hosted a Roll since the year 2000. represent modern entrants to compliance with the require- Tunique meeting and dinner The solicitors invited had all the profession, in that the ments of the Pensions Act. with solicitors, all of whom had been either class representatives majority of them are female. Mary was previously head of come on the Roll since 2000. or involved in debating or event “It was a most interesting, Information and Training with The purpose of the evening was organisation when they were on illuminating and successful the Pensions Board. She is a that senior officers of the Society the Professional Practice evening,” said director general former president of the Irish could hear the views, concerns Course. They represent a cross- Ken Murphy. “We will Institute of Pensions and ideas of more recently section of the modern undoubtedly do it again. 21st Managers, a member of the qualified solicitors, with a view profession in terms of where century solicitors do have some Association of Pension Lawyers to seeing how the Society could they are engaged in practice, different perspectives from their in Ireland and a member of the be of more assistance to them. namely in large, medium and 20th century predecessors, Technical Committee of the On the date of the evening in small private practice firms and although not surprisingly, and International Organisation of July, there were 10,421 solicitors also, in the case of two of them, like the profession as a whole, Pensions Supervisors. on the Roll. Of those, 3,406 working as solicitors in the they tend to have a variety of (about 30%) had come on the public service. They also views on many issues.”

52 www.lawsociety.ie PEOPLE AND PLACES LAW SOCIETY GAZETTE AUG/SEPT 2007 Society sips victory in Connolly Cup

he legal profession’s finest O’Buachalla, Craig Sowman, Twent head to head in the Deaglán Ó Siothchain, John Gill, Defence Forces’ grounds in the Micheál Grace, Gary Daly, Phoenix Park on 14 June, writes Richard Young, Emmet Craig Kenny (Beauchamps), where O’Grady, John Gill, David a sizeable crowd viewed an Burke, Alan Heuston, Padraig enthralling Gaelic match. The Brennan. Law Society enjoyed the better Law Library team: Brian of the earlier exchanges, with the Conroy, James Egan, Micheál steady hands of Conor Kenny, O’Scanaill, Conor Dignam, Brian O’Rourke and Marcus David Kavanagh, Conal Ellis, O’Buachalla providing the Frank Crean, Darach supply to scoring forwards like Making their point: the Law Society team MacNamara, David Lennon, Ciaran Leavy and Craig Liam Dockery, Eoghan Foley, Sowman. Thanks to an Eddie the rampage. The story of the Society), the Law Library, Seamus Breen, Micheál Johnston goal, the solicitors second half was its fight-back. Beauchamps, Arthur Cox and Munnelly, Cian Carroll, Tom went in at half-time leading by The deficit was reduced to a Robert Walters. Horan, Conor O’Doherty, Alan two points on the scoreline of minimum until Greg Rogers Dodd, Alan Crann, Viv Lavan, 1-4 to 0-5. The Law Library just kicked a precious point to leave Law Society team: Aidan Healy, Ronan Cosgrove, Eoghan managed to keep in touch thanks the Law Society in front by a Craig Kenny, Conor Connelly, Hardiman, Ciaran Smith. to the accurate kicking of Liam brace of points entering the final Greg Rogers, Conor Kenny, The management team was Dockery. stages of the contest. The Law Brian O’Rourke, Ciaran Leavy, Seamus Wolfe SC and Eamon Despite the strong wind at Society was grateful for the goal- Edward Johnson, Marcus Marray. their backs at the resumption, keeping skills of Micheál Grace, the Law Library failed for who restricted the Law Library some time to capitalise on its to one point in the closing advantage. The Law Society’s period of the game. When time What’s in a name? Conor Connelly, ably assisted was called, the difference h, nostalgia for the good oul’ days. The venerable and much- by Richard Young, began to between the teams remained a Aloved (in all conceivable senses) Students’ Bar, in the secure the upper hand at single point: 1-10 to 1-09. basement of the Blackhall Place headquarters, is undergoing a midfield. This allowed the Law Society team captain timely revamp and refurbishment as we go to press. forward unit to flourish and a Conor Connelly was a happy While the bar is officially known as the Law Club of Ireland, bar number of chances were man to receive the Patrick manager Alan Greene is asking for professional input as to what converted into five unanswered Connolly Trophy and paid moniker the new, sleeker premises should trade under. points. Conor O’Doherty gave tribute to the performance of Naturally, we in the Gazette favour ‘The Watering Hole’. But the Law Library the kick-start both teams. that’s simply because of the comic potential that is inherent in the it needed by producing a Thanks to all who made the inevitable phrase: “Hey Liam, you going to the Hole tonight?” sublime goal 15 minutes into event possible, in particular: the Sensible suggestions from students of the law – past, present the second half – it was the officials of the Defence Forces, and, indeed, future – are welcome at [email protected]. Law Library’s signal to go on Cillian MacDomhnaill (Law

www.lawsociety.ie 53 Publication of advertisements in this section is on a fee basis and does not represent an endorsement by the Law Society of Ireland.

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Tel: 00-34-952823085 Fax: 00-34-952824246 e-mail: [email protected] Web site: www.berdaguerabogados.com Regulated by the Solicitors Regulation Authority of England and Wales STUDENT PAGE LAW SOCIETY GAZETTE AUG/SEPT 2007 student spotlight

Did we build it? Yes, we did! espite all the preparation It’s one thing to build a Dwe did for our trip to house – but another entirely to Zambia with Habitat for build one by first having to Humanity, none of us really make your own bricks! Each knew what to expect when we house and outhouse required arrived in Nkawzi, the small 3,500 handmade bricks. The northern village where the men on our team were sent to build would take place, writes dig out an anthill in order to Cliodhna Guy, Erika O’Leary obtain the sand and mortar and Íde O’Neill. Children required. It was the role of the swarmed from every direction community and the girls to while a choir of local women make the bricks. Once dry, the led our bus to our houses, brick-laying began. singing and dancing. The families who would be The accommodation was Lining up for some conveyancing business living in the houses and the basic and cultural differences local community worked were immediately obvious, with alongside us to contribute their females being ushered in one ‘sweat equity’ to the project. direction and males in the Local contractors were also other. There was no electricity paid by Habitat to help with and no plumbing. The the building so that it wasn’t all ‘bathroom’ was a little building up to us and our plumb lines. at the back of our house We learned quickly and (like all divided into two rooms – a budding solicitors) were soon shower room and a toilet or inexpertly advising the experts! ‘longdrop’. In the end, we completed two The children were a huge houses that were handed over part of our time in the at a grand opening ceremony community. We were a novelty to the new owners. A third and our whiter-than-white skin, house was completed as far as as well as our freckles, were roof height – easily exceeding fascinating to them! Apart from our two-house target. Blackhall builders on a visit to local government offices in Noola first thing in the morning or A special thanks to all our after dark, children waited sponsors: Arthur Cox, BCM outside our doors, where they would compete with each other consisted of lots of singing, Hanby Wallace, Bowman to hold our hands. dancing and a short prayer. A Franks, Connolly Sellors Days started early in brilliant way to start the day Geraghty Solicitors, Hugh J Nkawzi. On the first morning and better than a triple Campbell & Co Athlone, LK we discovered devotions, which espresso for waking you up! Shields Solicitors and William Fry, among others. Thanks to our families and friends who attended events and gave so generously – and to the team members who gave of their time and effort and worked so hard to make the trip an unforgettable experience. We are grateful, too, to Jane Moffatt who initiated and organised the trip and without A crowd gathers for an official whom it never would have opening Houses by Habitat. No, not that Habitat happened. G

www.lawsociety.ie 55 G PIAB (Amendment)that the The Council noted Act 2007 Act 2007 PIAB (Amendment) by the had been passed strong Oireachtas, despite in the opposition being voiced existence Dáil and despite the opinion of a senior counsel’s expressing doubts about its which had constitutionality, been provided by the Society to the Attorney General and the Minister for Justice, Equality and Law Reform. It now appeared clear that no opposition to any element of the operation of PIAB, no matter how reasoned, would be entertained by the law- makers. Council election dates 2007 As required by the Society’s bye-laws, the Council set Monday 24 September 2007 as the final date for receipt of nominations for the Council election 2007 and Thursday 1 November 2007 as the close of poll date. National Property Services Regulatory Authority The Council approved the nomination of James O’Sullivan to the Appeals Board of the National Property Services Regulatory Authority. Media advertising campaign The Council discussed the recent media advertising campaign. It was agreed that the Council should receive a presentation from Behaviour & Attitudes, an independent market research company, which had conducted a qualitative survey of public attitudes to the campaign. Mr O’Connor noted that current conveyancing systems, processes and standards; or current system to make it efficient, cost-effective, transparent and electronic. It was the view of the task Conveyancing Task Force, Conveyancing Task which had been established engage by the Society to with the other key stakeholders in the e-conveyancing the Law initiative being led by and Reform Commission Property including the the Registration Authority, Revenue Commissioners, the Irish Banking Federation and the Department of Justice, Equality and Law Reform. The key role of solicitors in the conveyancing process had been recognised by the appointment of a Law Society representative onto the steering group. It was the view of the task force, and others, that this key role should be maintained and, if possible, enhanced in an electronic conveyancing environment. electronic conveyancing could occur in one of two ways: a) By ‘electronifying’ the b) By ‘re-engineering’ the The latter approach provided the opportunity to shape a new conveyancing process, initiate new standards and new systems, which would allow for a uniformity of documentation, standards and processes to be agreed with each stakeholder. force that the Law Society should be closely involved in driving the process forward and that dedicated executive support should be provided for this task. .) Gazette The task force had been Mr Brosnan said that the The motion was number of changes were number of changes system, proposed to the existing run-off including changes to the cover requirements, a no- avoidance, no-cancellation default provision, a general and a mechanism for coverage level of change to the minimum cover in the assigned risks pool. advised that the proposals were not so onerous as to inhibit new entrants to the market or to encourage existing insurers to leave the market. In relation to the cost of premiums, Mr Brosnan said that the task force had been advised that, as the pricing of policies by the insurers was based on the profitability of the market and the level of competition for business, the current competitive climate should mean that the proposed changes would not justify a significant increase in premium, especially given that the insurers were accustomed to these conditions in England and Wales. proposed changes would greatly enhance the level of public protection and would also benefit the profession by improving the quality of PII cover provided. In addition, the enhanced cover provided to the profession would improve customer confidence in, and thereby the reputation of, the profession as a whole. unanimously approved by the Council. (For more details, see the practice note on page 57 of this Force e-Conveyancing Task Dan O’Connor briefed the Council on the work of the e- report Report Council Society of Law held on 13 July 2007 meeting AUG/SEPT 2007 AUG/SEPT Dan O’Connor Niall Farrell Joe Brosnan said that the task The task force was not The Council received a presentation from the chairman and vice-chairman of the PII Committee, Niall Farrell and and the Dan O’Connor, Force, chairman of the PII Task Joe Brosnan, in relation to the report of the task force and proposed draft regulations. The Council noted that the task force had benefited from expert legal advice and expert insurance advice. force had been established in November 2005 to conduct a fundamental review of the professional indemnity Society’s insurance regime and had been guided by four principal considerations – (a) to protect the public, (b) to protect the profession, (c) to place the Law Society in a strong and tenable position in relation to profes- sional indemnity insurance, and (d) to have a healthy competitive market. Its existence for two- and-a-half years reflected the complexity of the issues and the fact that the task force had made it a priority to engage in comprehensive consultations with the insurers and the SMDF. proposing any radical replacement of the existing system, whereby there was a mix of provision by the SMDF and a the other insurers. However, Seconded: Motion: Report of Professional Indemnity Force Insurance Task the “That this Council approves of the Professional report Force Indemnity Insurance Task and adopts the regulations proposed.” Proposed: www.lawsociety.ie LAW SOCIETY GAZETTE council

BRIEFING 56 BRIEFING 57 . Normally, the bro- . Normally, in both cases earlier clients will be covered by insur- ance in situations where previ- ously there a risk of no was cover. effect from 1 December each year from 2008, and this date will not be negotiable. New practices should obtain cover from the date of commence- During ment to 30 November. the transitional period, firms due to renew cover on 1 November 2007 should renew cover for a 13-month period to 30 November 2008, and firms due to renew cover on 1 January 2008 should renew cover for an 11-month period to 30 November 2008. nated form must be furnished to the Law Society within ten working days after the due date for renewal each year. During the transitional period, firms due to renew cover on 1 November 2007 must confirm cover by 14 November 2007 and firms due to renew cover on 1 January 2008 must con- firm cover by 15 January 2008, than the previous deadline of 1 February ker provides confirmation of but the obligation is on cover, each firm to procure that this is done. obtain cover in the market The attention of all practising solicitors is particularly drawn to the following practical consider- ations: • Cover must be renewed with • Confirmation of cover in desig- • Any firm that is unable to www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT CONTINUED OVERLEAF notes LAW SOCIETY GAZETTE 2,500,000. practice than individual solicitors will simplify renewal particularly for those who might be moving firm, of their own self-insured excess, defence costs, and pooling arrangement partici- pated in by each qualified insurer through which firms not coveredby the market that may be granted coverage incorporates the minimum terms and conditions.) bers of the Professional Indemnity Insurance Committee. They will now be represented on a separate Qualified Insurers Liaison Committee to avoid a conflict of interest. not have access to profes- sional indemnity insurance cover will be prevented; covered for a six-year period after a solicitor ceases prac- tice, rather than two years as at present; restitution to clients will be covered; covers a firm, each claim will have its own limit of € The benefits for solicitors are: 1) The insurance of firms rather 2) Firms can negotiate the level 3) There will be no limit on 4) Firms are assured that their 9) Insurers are currently mem- The benefits for clients are: 1) Situations whereby clients do 2) Clients will be automatically 3) Statutory compensation or 4) Where the assigned risks pool 2,500,000 (the current 130,000, but will now sim- 130,000, but will now € ply form partthe overall of cover provided without any limit. year period, rather than two years as at present, and must be provided automati- with cally by the last insurer, the run-off cover premium terms set for each year being out in quotations and renew- al notices for the normal (Run-offcover. cover is cover- age that includes the mini- mum terms and conditions for a firm to that has ceased carry on practice where there is no succeeding practice.) policy on any grounds, includ- ing fraud or misrepresenta- tion. They must cover claims but may pursue the firm sub- sequently. restitution to clients, such as may be ordered by the Solicitors Disciplinary will be covered. Tribunal, reason, fails to have insur- ance will be covered by the assigned risks pool for € minimum level of cover) for each and every claim rather than that amount in aggre- gate for all claims. If a firm enters the assigned risks pool by default (having failed to arrangethe insurance), firm can be pursued directly by the assigned risks pool if any claims are made. (The assigned risks pool is the 5) Run-off will be for a six- cover 6) Insurers cannot repudiate a 7) Statutory compensation or 8) Any firm that, for whatever INDEMNITY INSURANCE REGULATIONS INDEMNITY INSURANCE

NOTICE TO ALL PRACTISING SOLICITORS: NEW PROFESSIONAL PRACTISING SOLICITORS: NOTICE TO ALL

he Council of the Law Council he a Society established self-insured excess with the In the event of a insurer. claim, where the firm does not pay the amount of the excess to the client, it is paid by the insurer and then recov- ered from the firm. renewal date of 1 December from 2008 onwards. solicitors for the insurer for dealing with a claim will no longer be limited. Such costs had been limited to solicitors will be covered.

The task force has taken T 2) Firms can agree any level of 3) There will be a uniform 4) The defence costs of the The main changes are: 1) Firms rather than individual expert insurance advice to ensure that the new regulations accommodate the commercial reality and workings of the insur- ance market. Over the last year, insurers competed vigorously for business with advance knowledge of the proposed changes, and this is not expect- ed to change. Professional Indemnity Force in Insurance Task a November 2005 to conduct fundamental review of the Society’s professional indemnity insurance regime. The task force proposed new regulations governing the minimum terms and conditions of professional indemnity insurance for solici- tors, which have been approved by the Council and come into operation on 1 November 2007. You can also You that by accepting a quotation that by accepting this out a policy, and taking insurer becomes obliged, practice cease should your during this policy year without pro-a successor practice, to vide run-off cover for a six- year period at the premium accor- rates calculated in dance with the provisions of you Consequently, this policy. should ensure that the run-off premium terms are satisfac- toryto you before entering into a policy. Any queries relating to the pro- For further information, please refer to the Law Society’s web- under site, www.lawsociety.ie, ‘Society committees’, ‘Profes- sional indemnity insurance’, for the designated form for confirma- tion of cover and the full text of the new professional indemnity insurance regulations. fessional indemnity insurance regulations should be addressed to the Law Society executive responsible for professional indemnity insurance, Rosemary Fallon, at 01 672 4856 or r.fal- [email protected]. lawsociety.ie. and Director of Regulation Conveyancing Committee Bank of Ireland has also Earlier versions of the above agreed to print an endorsement on the face of this undertaking that facilitates the signature of an irrevocable client authority to the granting of the undertaking to the bank by the solicitor. form of undertaking should no longer be used. John Elliot, Registrar of Solicitors ].” name of legal services only to their continue to employer will apply. renew as early as their cover year in possible for the coming order to ensure Law that the Society is provided with confirmation of cover within the required ten-working-day period. defaulting firm, such a firm should endeavour to ensure when that their cover, renewed, is effective from the date of expiry of their previous with a view to mitigating cover, the adverse consequences of defaulting firm status. sole principals intending to cease practise, should pay particular attention to the information relating to premi- um terms for run-off cover con- tained in quotations or renew- al notices. All quotations and renewal notices are required to contain the following notice: Notice to proposers for insur- ance: you should be aware What firms do with regard should to the renewal of professional indemnity cover or run-off cover: • Firms endeavour to should • If a firm is deemed to be a • Firms, and in particular all Bank of Ireland, [ name of branch ]. In the event that , to my/our clients decide not to proceed with the purchase of the property after the exchange of contracts, and the contract deposit is not forfeited but is returned to my firm, to return the entire proceeds of the per- sonal loan directly to Bank of Ireland, [ he latest CPD courses, as well as lots of other useful information. branch ; t prior to the FOR 100% MORTGAGES lawsociety.ie order compelling any default- ing firm, does not regu- which to swiftly, larise its position it Obviously, cease practice. is in the interests of all firms to avoid becoming a default- ing firm. relating laws of any to the note other jurisdiction should that the minimum terms and legal conditions do not cover services relating to the laws They of other jurisdictions. should therefore arrange to if put additional cover in place they consider it appropriate. ices solely outside the juris- diction will not be required by the Law Society to have pro- fessional indemnity insurance cover in place. and there is no succeeding practice, run-off cover for six years from the end of the then-current period indemnity must be provided by the last Sole principals are insurer. strongly recommended to consider and plan for the cost of run-off cover should it be triggered. house solicitors providing “In the event that my/our • Firms providingservices legal • providing Solicitors serv- legal • Where a firm practice ceases •existing exemption for in- The undertaking read should as fol- lows: client(s) decide not to proceed with the purchase of the proper- or if the purchase of the ty, property does not proceed for any reason, exchange of contracts return the entire proceeds of the personal loan directly to AUG/SEPT 2007 AUG/SEPT BANK OF IRELAND UNDERTAKING FOR BRIDGING LOAN BANK OF IRELAND UNDERTAKING readers can access back issues of the magazine as far back as Jan/Feb 1997 right up to the current issue at ank ofank Ireland has a stan- dard form of undertaking should, before the renewal to be admitted to date, apply risks pool. A the assigned proposal form be should obtained from the Law The manager of the Society. set an assigned risks pool will appropriate premium. tion of cover is not received within the ten-working-day not period and that has applied, and been admitted, will to the assigned risks pool be classified as a ‘defaulting firm’. The assigned risks pool will automatically provide such firms with professional indemnity insurance cover as a defaulting firm. The manag- er of the assigned risks pool will set an appropriate premi- um, which is expected to be much higher than that avail- able in the market. If claims should arise while a default- ing firm is being provided with cover by the assigned risks pool, such claims will be met by the assigned risks pool, but the assigned risks pool will then have recourse against the firm for recovery of the amount of the claim. Society will seek a High Court CONTINUED FROM PREVIOUS PAGE CONTINUED B Get more at Gazette • Any firm for which confirma- • expected that the Law It is for use by solicitors acting for Bank of Ireland borrowers who are taking out a bridging loan to fund the deposit in cases where the borrower will be getting a 100% mortgage from the bank. Practitioners should note that Bank of Ireland has agreed that paragraph 2 of this standard check out: current news; forthcoming events; employment opportunities www.lawsociety.ie LAW SOCIETY GAZETTE

BRIEFING 58 BRIEFING 59 . The www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT CONTINUED OVERLEAF compos mentis tion would be that the solicitor is tion would be that the solicitor and no no longer in practice longer The standard Law Society The solicitor selected should enduring power of attorney would and be used to sell the practice to do any acts necessary to facil- itate this. precedent be used. This can can be accessed on the members’ area Society website, of the Law www.lawsociety.ie. to Who should be selected be the executor/manager/ attorney? Many solicitors may decide to have a reciprocal arrangement with another sole practitioner, and this may be appropriate for it should be them. However, remembered that the duties being undertaken may be oner- ous. In some situations, a better alternative would be to make an arrangement with a medium-to- large firm to give a professional service should the need arise. The cost of doing this would have to be taken into account. have sufficient experience and time to manage the practice, as well as continuing with his/her existing commitments. Remuneration for manager The precedent agreement for management below sets out a formula for remuneration, which is to be an average hourly rate that an assistant solicitor of ten years’ standing would be paid. Solicitors might wish to negoti- ate a different formula. However, this formula is suggested in the context of a reciprocal arrange- ment being made between two solicitor friends/colleagues. Budgeting for the new situation It is clear that if a sole practition- er cannot attend at his/her offices, there may be additional but LAW SOCIETY GAZETTE and will not, or compos mentis Without a power of attorney, that the High Court may appoint another solicitor to carry on a the inca- practice in the event of pacity or bankruptcy of a sole practitioner or the abandonment by a sole practitioner of his/her this is an practice. However, expensive and cumbersome alter- native to having a detailed man- agement agreement in place, which has been agreed by both the solicitor and the manager and which reflects the wishes of both. Power of attorney – to be used if the solicitor will not, or is unlikely to, return to practise in his/her former role The power of attorney will be used only if the practice is to be sold, to give the attorney the necessary powers to do this. A standard can be used. deed the practice cannot be sold by The power another solicitor. could be exercised where the solicitor is compos mentis Again, the sole practitioner/ It is recommended that the is unlikely to, return to practise In this scenario, the presump- too ill to attend to, or does not wish to attend to, business affairs. In this scenario, the sole practitioner/principal might or might not hold a current practis- ing certificate. principal will continue to be responsible for all matters relat- ing to the practice. powers given in this deed are lim- ited to matters relating to the sale of the practice. While the named attorney might also be the named manager in an agreement for management, the manage- ment arrangement dealt is best with separately in the detailed agreement for management. Enduring power of attorney – to be used if the solicitor is not provide PRINCIPAL’S FIRM PRINCIPAL’S Solicitors Acts A precedentis offered below The agreement is a simple This agreement would cover The agreement, suitably In most circumstances, it will The all matters relating to the firm. with any (see panel, page 56). As precedent,can be amended it freely circum- to suit individual it will stances. At a minimum, for operate as a useful checklist matters that may need attention. agreement for management services. Under this agreement, there is no question of the man- ager having power to sell or wind up the practice. The agreement would cover temporary absences from the office, wheresolici- the tor is likely to return to the prac- tice and resume as sole practi- tioner/principal. illnesses, both physical and mental – for instance, long stays in a general hospital or long stays in a mental hospital recov- ering from, for example, depres- sion, alcoholism, and so on. It would not cover a situation where the solicitor had perma- It nently lost mental capacity. would also cover unexplained absences or abandonment. solicitors are reminded However, that reckless abandonment may have serious repercussions in terms of regulatory action being taken by the Law Society against the solicitor or negligence actions being taken by clients who suffer a loss. amended, could also be used by sole practitioners/principals who are going on maternity leave. For instance, the manager might be an assistant solicitor in the firm who is asked to take charge dur- ing the maternity leave period. not be difficult com- to trigger the mencement of the agreement. it is recognised that However, there are some situations where it would be difficult so. to do , p29, Gazette provide that a PLANNING FOR EMERGENCIES IN A SOLE PRACTITIONER’S/ FOR EMERGENCIES PLANNING

sole practitioner/principal prudentlywho is planning Solicitors should be aware Suggested clauses for a solic-

Solicitors Acts A Will It goes without saying that all sole practitioners/principals should make a will appointing a solicitor as one of their execu- tors to deal with the disposal of the practice after their death. that, with regard to the period between a solicitor’s death and the issue of the grant, the The will obviously will cover the The will obviously will situation where the solicitor dies in practice. The three deeds are needed to cover eventualities during the solicitor’s life that might prohibit him/her from practising. for the future of his/her firm also to needs to make a will and execute three deeds, as set out below: • Agreement for management, • Power of attorney, • Enduring power of attorney. solicitor may be appointed to the practice with the consent of the on a temporaryLaw Society, basis, pending the issue of a grant of probate or administra- non-legal family tion. However, members might not have the experience or expertise to recruit a suitable solicitor with- out the assistance of a solicitor executor. itor’s will were published in the October 2005 continues to be responsible for current practising certificate and er/principal continues to hold a In this scenario the practition- likely to return to practise to be used if the solicitor is Agreement for management – Gazette/oct05.pdf. available at www.lawsociety.ie/ eceipt of the written whether at the request of or any other The Manager, person, as being incapable of carrying on his/her prac- tice AND The medical practitioner(s) also confirms that the inca- pacity is likely to remain for a period of not less than four weeks, but is likely to be temporary AND The Manager is furnished with a copy of the medical certificate. rised to make the request for a medical certificate. request from The Practitioner, referred to above, or receipt of the medical certificate referred to above, The Manager shall commence to manage The Practice, provided that both The Practitioner’s professional indemnity insurers and The Manager’s professional indem- then be closed and the clients then be closed new solicitors. asked to nominate be in accordanceThis might not solicitor would have with what the wished, particularly if the likeli- returnhood is that he/she will to is likely practice. In addition, it that all expenses incurred by the Society in the exercise of its statutory including the duty, in salaries of personnel involved carrying out the function, will be charged to the solicitor or his estate. Authority to operate bank account There are where some situations the full emergency would plan not need to be triggered, but the emergency by hav- might be met ing an authority in place simply to operate the firm’s bank accounts. (ii) The Manager is hereby autho- (iii)On r Guidance and Ethics Committee tated, whether through ill- ness, physical or mental, accident or otherwise from properly and effectively car- rying on The Practice AND The Practitioner furnishes a written request to The Manager to commence managing the practice OR by a medical practitioner, In the event that there is a vac- the schedule below. keep The Manager updated in relation to any changes to the information provided, as nec- essary, and at least on an annual basis. effect in any one of the follow- ing circumstances: a) The Practitioner is incapaci- b) The Practitioner is certified death. Likewise, if no-one is death. Likewise, aware of the arrangements that in place for emer- have been put gencies, there will be needless to all upset and inconvenience concerned if an emergency does occur. Objectives a plan for The objective of having emergencies is to minimise the disruption to clients’ affairs. The position of staff will also be secured. also to ensure It is that if this the practice can continue, his is what the solicitor and/or if the wish family wish. However, is that the practice be sold, then the powers are in place to do so. uum, then it is likely that the Law Society will have to become involved, and the only option may be for the Society to require that the firm It would cease trading. 8. has agreed The Practitioner to THIS AGREEMENT WITNESSES as follows: COMMENCEMENT OF MANAGEMENT (i) This agreement shall take As all solicitors know, making As all solicitors know, make arrangements to ensure that The Practice continues during any period of his/her temporarythe on incapacity, terms and conditions set out below. act as manager during any such period as defined below. act as manager during any such period as defined below, if The Manager is unavailable because of his/her own tem- porary incapacity or other cir- cumstances arise, because of which The Manager cannot reasonably be expected to act. In the event that this happens, The Substitute shall be deemed to be The Manager as referred to throughout this agreement. agreement, The Practitioner and/or The Manager have taken the prior steps set out in Insurance policies could consult with Solicitors their brokers out to check income protectionwhether an insurance (known as permanent insur- health) policy or ‘keyman’ put in ance policy should be place as part of the emergency plan. Some premiums may be tax deductible. a mem- Inform the Law Society, ber of staff and a member of the family It is important that the Law a member of staffSociety, and a family member of the solicitor’s should be informed of the arrangements that a solicitor has made for emergencies. a will and not telling anyone about it can prove to have been a futile exercise, if the will is never found after a person’s 5. The Manager has agreed to 6. The Substitute has agreed to 7. Prior to the execution of this AUG/SEPT 2007 AUG/SEPT DURING THE INCAPACITY OF A SOLE PRACTITIONER/PRINCIPAL DURING THE INCAPACITY insert name of ] (hereinafter ] (hereinafter insert name of prac- ] (hereinafter called AGREEMENT PROVIDING FOR THE TEMPORARY MANAGEMENT OF A SOLICITOR’S FIRM MANAGEMENT TEMPORARY AGREEMENT PROVIDING FOR THE insert name of sole practi- In situations where a locum the practice of solicitor at ______(hereinafter called The Practice). practice of solicitor at ______. the practice of solicitor at ______. THIS AGREEMENT is made on the ______day of ______BETWEEN [AB – CONTINUED FROM PREVIOUS PAGE CONTINUED expenses incurred.expenses Solicitors should be aware only do that not plan for the emer- they need to they also need to gencies, but if budget for them. For instance, there to wind up the is a decision it, this practice, rather than sell can be a very exercise. expensive signifi- It is labour intensive, and be paid. cant costs may have to Files that can be destroyed may have to be destroyed profession- Another solicitor’s firm may ally. all the have to be paid to take files not distributed to clients. this solicitor will be employed, too is an additional cost. Locum solicitors are expensive to employ and are unlikely to bring in the level of fees that the solic- itor himself/herself would have brought in, so that there will be less money than usual available to pay for overheads. tioner/principal titioner/firm The Manager) of the second part AND [PQ/PQ firm – www.lawsociety.ie substitute/firm LAW SOCIETY GAZETTE called The Substitute) of the other part. WHEREAS 1. The Practitioner is carrying on 2. The Manager is carrying on the 3. The Substitute is carrying on 4. The Practitioner wishes to called The Practitioner, which called The Practitioner, expression shall include his per- sonal representatives and assigns) of the first part AND [XY/XY firm –

BRIEFING 60 BRIEFING 61 Solicitors www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT here name the indi- CONTINUED OVERLEAF or regulations that because of breaches. fies The Manager in respect of any breaches of the ], who is to act as expert (ii) also indemni- The Practitioner occurred prior to the com- mencement date. provided that The Manager not acts in good faith. It shall acts operate if The Manager recklessly in or manifestly error. shall terminate by either party giving one calendar month’s notice in writing to the other party or such other period as is agreed. notice of immediate termina- tion can be given by either party. sonable assistance and expla- nations for the proper handing back of the management of the firm. The Law Society shall be informed of the termination of the management period. Acts and not as arbitrator and his/her decision is to be binding on the parties. available, an If AA is not alternative expert be shall vidual (iii)This shall operate, indemnity OF MANAGEMENT TERMINATION (i) The period of management (ii) In exceptional circumstances, (iii)The Manager shall give all rea- (iv) MANAGEMENT PERIOD NOT TO CONTINUE IF THE PRACTITIONER’S PRACTISING IS NOT RENEWED CERTIFICATE If The Practitioner’s practising cer- tificate expires during the period of the management and The Practitioner is not in a position to renew his/her practising certifi- cate, this management agreement will not continue beyond the date of the expiry of the practising cer- tificate. DISPUTES Any dispute arising between the parties to this agreement shall be settled by AA [ Taxes LAW SOCIETY GAZETTE , regulations and ment of The Practice, subject ment of The being properlyto the expenses will include any vouched. This additional professional indem- premiums,nity insurance which own he/she incurs on his/her as necessary. insurance policy, ing to the remuneration of The Manager or reimbursement of The his/her expenses, will Practitioner’s accountants make a decision in relation to account taking into the matter, all such circumstances as they deem relevant. If this is not the accepted by The Manager, in matter will be dealt with accordance the provisions with for disputes at Clause 10 below. sonable steps to keep the books of account and all the existing records of The Practice up to date. sonable steps to ensure that the annual reporting accoun- tant’s report is submitted to the Law Society on time. sonable steps to make arrangements to ensure com- pliance with The Practitioner’s obligations under the (iii)In of a dispute relat- the event BOOKS OF ACCOUNT (i) rea- The Manager shall take all (ii) The Manager shall take all rea- (iii)The Manager shall take all rea- , to include the filing of VAT, Solicitors Acts PAYE and PRSI returns and the PAYE discharge of liabilities incurred. For the avoidance of doubt, The Manager shall not be responsi- ble for filing The Practitioner’s personal income tax returns or for making pension contribu- tions. as owner of The Practice, will continue to be fully responsible for compliance with the all other matters relating to the practice and indemnifies The Manager for any loss arising Acts INDEMNITY (i) The Practitioner agrees that he, tify title. ters relating to staff, and up to including dismissal. man- commencement of the agement. sional indemnity insurers of the man- commencement of the con- agement and seek written firmation may of such cover as be necessary. sional indemnity insurers of the commencement of the man- agement and seek written con- firmation be of cover as may necessary. sion of professional indemnity insurance to cover any addi- tional employees. of the commencement of The Practice. mences to manage The Practice, The Manager will be paid an hourly rate based on an average current salary of an assistant solicitor of ten years’ standing. tled to be reimbursed all expenses reasonably incurred in connection with the manage- (ix)To with all disciplinary deal mat- BY THE STEPS TO BE TAKEN THE COMMENCE- MANAGER AT MENT OF THE MANAGEMENT follow- The Manager shall take the ing steps at the commencement of the management period: (i) the Law Society of the Notify (ii)The Practitioner’s profes- Notify (iii)Notify The Manager’s profes- (iv)Obtain any necessary exten- (v) Notify The Practitioner’s banks KEEPING THE OWNER INFORMED If The Practitioner is in a position to be involved, The Manager shall keep him/her reasonably informed about the affairs of The Practice. REMUNERATION The Manager shall be entitled to remuneration for all work done in connection with the management of The Practice. (i) com- When The Manager (ii) The Manager will also be enti- of The Practice pay The Practitioner’s spouse and/or dependants necessary amounts to fund day-to-day and other appropri- ate expenses from the office account of The Practice, sub- ject to funds being available and in consultation with the firm’s accountants. facilities for the firm. professional care, to sign let- ters, give undertakingsand cer- necessary, including a locum for or a bookkeeper, solicitor, the purpose of carrying on the business of The Practice. clients. of The Practice in relation to clients’ monies received, held or paid. of The Practice to pay neces- sary overheads, operating with- in approved overdraft if limits, any. solicitor. instructions in his/her own firm from any client of The Practice during in relation matter, to any the period of management. mitted to make any drawings. be required to, attend to the day-to-day work of the firm per- sonally. nity insurers provide such be necessary.cover as may shall be carried on under its and all reason-existing name to able steps shall be taken preservegoodwill of the the firm. (vii) To negotiate additional loan negotiate (vii) To (viii) Having exercised reasonable (ii) employ such staff as may be To (iii)To take new instructions from (iv)To operate the client accounts (v) operate the office accounts To (vi)To MANAGER’S AUTHORITIES The Manager shall have authority to do all acts necessary for the proper operation of The Practice, including the following: (i) act as an employed locum To (iv)The business (v) not accept The Manager shall be per- (vi) The Manager shall not (vii) but will not The Manager may, these. providers, with contact details. have arranged with the rele- vant banks that The Manager is to be a signatory on all on client accounts and also office accounts, as neces- sary. Manager information about The Practitioner’s history of regulatory and investigations the outcome of 6. The Practitioner and Manager 7. The Practitioner has given The Corporations and the Chambers, London: Criminal Law • Laura McGowan, Pupil Barrister, Carmelite • Laura McGowan, Pupil Barrister, golf and other activities, see www.mountjuliet.ie for details. Dress code: black tie Rejected applications will be returned. Successful applications will be confirmed by email. cheque(s). 2007. Cancellations after that date will not qualify for a refund. the above options for your preferred room type (the SYS cannot guarantee that del- egates will be allocated their preference). If no preference is indicated, rooms will be allocated at the SYS's discretion. 4. 5. Names of delegates to whom the cheque(s) apply must be written on the back of the 26 October, notified to [email protected] on or before Friday, Cancellations must be 6. There are a limited number of twin rooms and/or double rooms. Please tick one of Manager a sealed envelope Manager a passwordscontaining all to computer The Practitioner’s pass- system, including the word for the principal’s level. All changes in passwords will enve- be placed in a sealed The lope and left with Practitioner’s current secre- tary. Manager a comprehensive list of the firm’s service 4. The The Practitioner has given 5. The Practitioner has given The 14:00:19.30 – 20.00: 20.00 – late: Pre-dinner drinks reception Health centre, swimming, beauty treatments, and DJ. band (Spring break) Gala dinner, Sunday 18 November 12.00: Check out or later will be considered. general information to The Manager with regardThe to Practice, its organisation and staff. firmed all locations at which files of The Practice, current or closed, are held. to Manager a full set of keys the office premises. SCHEDULE OF PRIOR SCHEDULE OF STEPS TAKEN 1. has given The Practitioner 2. has con- The Practitioner 3. The Practitioner has given The Overview of Pensions Law SOCIETY IRELAND SOLICITORS YOUNG OF Time spent attending the lectures may be counted towards your CPD requirements Time * FRIDAY 28 SEPTEMBER, 2007 AUG/SEPT 2007 AUG/SEPT Current Trends in Legal Recruitment Current Trends Hayes+Curran: and Corporate Due Diligence Developments in Competition Law President’s Bar President’s • Brightwater Recruitment Specialists: Mason Associate, • Deborah McHugh, Senior • Claire Waterson, Senior Associate, William Fry: Senior • Claire Waterson, 16 – 18 NOVEMBER 2007 AT16 – 18 NOVEMBER 2007 MOUNT JULIET CO KILKENNY THOMASTOWN, ESTATE, will be allocated on first-come, first-served basis, in accordance with the procedure set out below. Application forms, enclos- dinner drinks reception, gala dinner and conference pack. ing cheque(s) payable to SYS, in the sum of €620.00 and a self-addressed envelope, Allen, Mason Hayes+Curran, South Bank House, Barrow to be sent to: Catherine Street, Dublin 4. One application must be submitted per room per envelope. ing a postmark dated Friday 16 November 20.00 – late: by welcome drinks in the Registration, followed Saturday 17 November 10.00 – 12.00: Lectures* NOTES 1. Accommodation is limited and Persons wishing to attend must apply through SYS. 2. Conference fee is €310.00 p.p.s. for two nights’ accommodation (with breakfast), pre- 3. and only applications exhibit- All applications must be sent by ordinary prepaid post AUTUMN CONFERENCE 2007 CONFERENCE AUTUMN appointed by agreementappointed by between the parties. CONFIDENTIALITY The existence of this agreement, and its terms, are confidential and none of the parties may dis- agree-close anything about this Society, ment except to the Law the parties’ in confidence, to or, professional advisers, or if required by law to do so. SIGNED ______CONTINUED FROM PREVIOUS PAGE CONTINUED www.lawsociety.ie LAW SOCIETY GAZETTE

BRIEFING 62 BRIEFING 63 13/6/ Children Appoints Appoints Appoints www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT SI 509/2007 SI 524/2007 SI 510/2007 ’) and the schedule to . Implement or re-imple- ing the packing, loading, filling ing the packing, loading, and of the dangerous unloading their car- goods in relation to con- riage. Apply the provisions B to the tained in annexes A and concerningEuropean Agreement the International Carriage of Dangerous Goods by Road (ADR) 2007 ment the following EC direc- tives: directive 94/55; directive 2000/61 amending directive 94/55; directive 2006/89, which amends annexes A and B to directive 94/55 in order to incorporate annexes A and B of the 2007 edition of the ADR. Commencement date: 2007 Order 2007 Order 2007 Order 2007 (Commencement) (No 3) 2007 (Commencement) (Commencement) (No 2) Children Act 2001 Number: Contents note: 23/7/2007 as the commence- ment date for all sections of the act not already in operation. Child Care (Amendment) Act Number: Contents note: 23/7/2007 as the commence- ment date for sections 1, 2, 3 and 4; part 3 (ss14-21, ‘Consequential and other amendments to the Act 2001 the act. Children Act 2001 Number Contents note: 23/7/2007 as the commence- ment date for part 2 (ss7-15, ‘Family welfare conferences’) of the act, insofar as part 2 is not already in operation. 11/7/ Taxi 11/7/ Personal and certain Road Traffic LAW SOCIETY GAZETTE Revoke and Amends the and provides Carriage of 11/7/2007 (SI 405/2006). to provide the 11/7/2007 SI 288/2007 34/2007 PIAB, whether or not an PIAB, whether or made or assessment has been in respect accepted, no amount will be of fees or expenses connec- allowed on taxation in tion with the PIAB application, fees or other than those expenses referred to in sections 35, 44 or 45 of the Act Injuries Assessment Board 2003. Date enacted: Commencement date: 2007 by Road Regulations 2007 Number: Contents note: replace the Dangerous Goods by Road Regulations 2006 Apply to the carriage, in tanks, in bulk and in packages, of dan- gerous goods by road, includ- Carriage of Dangerous Goods Roads Act 2007Number: Contents note: Roads Act 1993 statutory basis to facilitate the implementation of free-flow open-road tolling or ‘barrier- free’ tolling on toll-based national road schemes through the provision of deterrents for non-payment of tolls, to pro- vide for the redesignation of certain high-quality dual car- riageways as motorways, and to provide for service and rest areas on the national road net- work. Amends the Regulation Act 2003 provisions of the Acts 1961 to 2006 for related matters. Date enacted: Commencement date: 2007 SELECTED STATUTORY INSTRUMENTS 9/7/ 9/7/ Amends the Amends sec- Ministers and Ministers and 9/7/2007 by the addition 9/7/2007 33/2007 35/2007 to increase the maxi- legislation update legislation ) to 20. and provides for the repayment it has of stamp duty where of already been paid in respect on or instruments executed after 31/3/2007. Date enacted: Commencement date: 2007 (Amendment) Act 2007 2007 Assessment Board (Ministers of State) Act Date enacted: Commencement date: Contents note: tion 1(1) of the (Amendment) (No 2) Secretaries Act 1977 mum number of ministers of state that may be appointed by the government from 17 (inserted by the (Amendment) Act Secretaries 1995 2007 Personal Injuries Number: Contents note: Personal Injuries Assessment Act 2003 Board of two new sections, ss51A and 51B. Section 51A provides in certain circumstances that, where a claimant rejects a PIAB assessment that has been accepted by a respondent and where he or she fails in any subsequent proceedings either by way of court order or agreed settlement to get more than the amount of the PIAB assess- ment, no award of costs may be made to the claimant and the court may exercise its discre- tion to award costs against the claimant. Section 51B provides that, in any proceedings issued following an application to Number: Ministers and Secretaries . 9/7/ 19 June – 20 August 2007 – 20 August 19 June , the Amends sec- Confirms the 9/7/2007 Arramara Teoranta Western Development Western 31/2007 32/2007 to provide an exemp- following the transfer , the Stamp Duties Consolidation Act 2007 (Miscellaneous Provisions) Gaeltacht Affairs Finance (No 2) ActNumber: 2007 Contents note: tion 92B (residential property first-time purchase relief) of the Act 1999 tion from stamp duty for all first-time owner-occupying purchasers of houses and apart- ments, whether new or second- hand. Applies to instruments executed on or after 31/3/2007 Minister for Community, Rural Minister for Community, and Gaeltacht Affairs (Powers and Functions) Act 2003 Number: Commission Act 1998 Community, Rural and Contents note: powers, functions and respon- sibilities of the Minister for Rural and Community, Gaeltacht Affairs. Amends the of InformationFreedom Act 1997 Repeals the (Acquisition of Shares) Acts 1949 (Acquisition of Shares) to 2002 of the state shareholding in to Údarás Arramara Teoranta na Gaeltachta, and provides for related matters. Date enacted: Commencement date: 2007 ACTS PASSED Details of all bills, acts and Details of all bills, since statutory instruments cata- 1997 are on the library logue – www.lawsociety.ie (members’ and students’ infor- area) – with updated stage mation on the current and the a bill has reached of commencement date(s) each act. 13/6/ 27/7/ European Revoke and Designate the (SI 195/2004). European Com- SI 366/2007 SI 525/2007 . Implement or re-imple- . Implement Regulations 2007 2007 Treaty) (Amendment) Supervision) Regulations Articles 81 and 82 of the Internationalof Carriage by Road (ADR) Dangerous Goods 2007 elements of ment relevant (as amended by directive 94/55 and directive directive 2000/61 95/50 (as 2006/89) and directive 2001/26 amended by directive which and directive 2004/112), were not otherwise implement- ed by SI 288/2007. Commencement date: 2007 Groups Supplementary of Competition laid down in (Insurance and Reinsurance (Implementation of the Rules Number: Contents note: European Communities consolidate the munities (Supplementary Super- European Communities Number: Contents note: Commission for Communi- cations Regulation (ComReg) as a national competition authority responsible for the implementa- tion in the state of the public enforcement provisions of regu- lation (EC) 1/2003 as amended by regulation (EC) 411/2004 as respects functions only related to the provision of an electronic communications service or elec- tronic communications network or associated facilities. Neither the Competition Authority nor ComReg will be able to with- draw the benefit of a block exemption in relation to an elec- tronic communications service or electronic communications network or associated facilities without the concurrence of the Amend the other. Communities (Implementation of the Rules of Competition laid down in Articles 81 and 82 of the Treaty) Regulations 2004 Commencement date: 2007 European Circuit Carriage of Apply to the (SI 288/2007). Circuit Court (SI 448/2004); , SI 883/2004), Circuit Court Rules Circuit Court Rules SI 289/2007 Regulations 2007 Health (Repayment Scheme) Circuit Court Rules (No 2) Miscellaneous Provisions) Goods by Road) (ADR (Carriage of Dangerous , SI 879/2004) by the deletion Number: Contents note: bulk and carriage, in tanks, in in packages, of dangerous goods by road, and complement the provisions of the byDangerous Goods Road Regulations 2007 provi- The regulations contain sions on an EC harmonised checks approach to the road aspect of their enforcement. Also implement certain exemp- tions that are in addition to those contained in annexes A and B to the concerningAgreement the European Communities Circuit Court Rules (European Arrest Circuit Court Rules (Equal Status Act 6/8/2007 (SI 57/2005). 20/7/2007 Appoints Appoints Circuit Court Rules (Jurisdiction and the (SI 615/2003); Contain various amendments to the Insert a new order 72A in the , SI 882/2004), 63, 63D (inserted by the Circuit Court Rules (No 4) (Restoration of Companies (SI 879/2004); (SI 721/2004); Equal Status Act 2000 (SI 510/2001), as follows: amend the ‘Interpretation ( SI 446/2007 SI 312/2007 SI 266/2007 SI 292/2007 . (SI 510/2001) to prescribe procedures in respect of appli- 2007 2001) 2004 Circuit Court Rules (Health (RepaymentNumber: Scheme) ActContents note: 2006) Circuit Court Rules (Protection of Employees (Part Time Work) Act Circuit Court RulesNumber: (General) 2007Contents note: 19) Order 2007 8) Order 2007 Act 1999) 2003 (Commencement of Section (Commencement of Section as inserted by Section 46 of the Companies (Amendment) (No 2) cations to the Circuit Court under the Provisions) Act 2006 Provisions) Act 2006 Commencement date: to the Register Pursuant to Section 12 of the Companies Act 1982 Matters) 2004 of terms’ of existing rules’ and the ‘Annulment provisions; amend orders 6, 11, 13, 14B (inserted 1, 5, by the 23/5/2007 as the commence- 8 of the ment date for section elec- act. Section 8 deals with tricity interconnectors. 1/7/2007 as the commence- ment date for section 19 of the act. Section 19 deals with a gas shipper and supplier of last resort. Contents note: Contents Energy (Miscellaneous Number: Contents note: Energy (Miscellaneous Number: Recognition and Enforcement of Judgments in Civil or Commercial 2000) 2004 Commencement date: Warrant Act 2003) 2005 (Section 39, Criminal Justice Act 1994) 2004 Act 2006 of order 63D, 69; and substitute and delete certain forms. Amend the following: Documents in Civil or Commercial Matters) 2004 (Service in Member States of Judicial and Extra-Judicial 2001 Rules 2001 18 (‘County registrars’), 26, 27, 29, 50, 51, 53, and 56 by the substitution of a new order 56, ‘Planning’, 57 by the substitution of new rules 1-5 and 7-8 in order ‘Employment’, 59, 61A 57, (inserted by the 6/6/ 2/5/ Court Rules AUG/SEPT 2007 AUG/SEPT Criminal Appoints Appoints Establishes a Establishes a Establishes , which allows SI 287/2007 SI 572/2007 SI 304/2007 SI 371/2007 Provisions) Order 2007 (Commencement of Certain Order 2007 Electricity Market) Act 2007 (Commencement (No 2) Order 2007 Mountjoy Prison) Order 2007 (Amendment) (Single 1992 (Section 13) (Leas Cross Nursing Home) (Death of Gary Douch in Number: Contents note: 18/6/2007 as the commence- ment date for sections 1, 2, 3, 6, 7, 8, 12, 13, 16 and 20 of the act; appoints 18/6/2007 as the commencement date for sec- tions 9 and 10 of the act, except insofar as these sections relate to the single electricity market committee. Electricity Regulation Number: Contents note: Evidence Act 1992 a witness to give evidence through a live television link in cases involving physical or sex- ual abuse, comes into operation for the District Court sitting in District No 9 and for the Circuit Court sitting in the Midland Circuit. Criminal Evidence Act 20/8/2007 as the date on which a provision of the 2007 Commission of Investigation Number: Contents note: commission to investigate and report on matters relating to the management, operation and supervision of Leas Cross Nursing Home. Commencement date: Commission of Investigation Number: note: Contents to investigate and commission to report on matters relating death of and surrounding the prisoner Gary Douch while a in Mountjoy Prison. Commencement date: 2007 www.lawsociety.ie LAW SOCIETY GAZETTE

BRIEFING 64 BRIEFING 65 . . Prisons Appoints Appoints Appoints Appoints and that make Control of Clinical Irish Medicines Board Irish Medicines www.lawsociety.ie Irish Medicines Board AUG/SEPT 2007 AUG/SEPT SI 306/2007 SI 565/2007 SI 537/2007 SI 370/2007 , the . Registration of Title Act 1964 Registration of Title Order 2007 2007 ment) Order 2007 those parts of the act that those parts amend the Act 1995 Act 1987 Trials to consequential amendments section regulations made under 32 of the Act 1995 (Part)) (Commencement) (Commencement) Order ing Provisions) (Commence- Order 2007 Act 2004 (Section 37 Titles Act 2006 (Section 66) Agency Act 2007 (Remain- (Commencement) (No 2) 1/9/2007 as the commencement date for section 66 of the act. Section 66 substitutes a new sec- tion 108, ‘Priority of certain applications for registration’, in the Number: Contents note: 1/10/2007 as the commence- ment date for part 3 (ss11-16, ‘Prison discipline’) and section 42(a) of the act. Section 42(a) repeals section 3(3) of the Committees) Act 1925 (Visiting Private Security Services Number: Contents note: 1/4/2007 as the commence- ment date for section 37 of the act for the purposes of its appli- cation in relation to a door supervisor (licensed premises) or security guard (static) (who guards property for the pur- poses of preventing loss, dam- age or waste by crime, fire, carelessness or flood). Registration of Deeds and National Oil Reserves Number: Contents note: 1/8/2007 as the commencement date for the sections of the act not already in operation. Prisons Act 2007 Number: Contents note: Appoints District LAW SOCIETY GAZETTE District Court , which provides Courts (No 3) Act , as substituted by SI 543/2007 District Court Rules , as inserted by the District Court Rules 1997 . (No 2) Order 2007 Act 2006 (Commencement) (Miscellaneous Provisions) Irish Medicines Board Number: Contents note: 22/7/2007 as the commence- ment date for the following provisions of the act: (a) parts 1, 4 and 6; (b) part 3 (other than subparagraph (iii) insofar as it relates to cosmetic prod- ucts and subparagraphs (iv) and (v) of section 11(a)) insofar as part 3 is not already in opera- tion. The order commences (SI 93/1997) to provide that a Children Act 2001 , part 11’ into the . 1/8/2007 Road Traffic Act 1961 Criminal Justice Act 2006 27/7/2007 Appoints 20/7/2007 24/8/2007 . Insert a new orderorders 96C, ‘Civil under the Substitute a new form 15.2, ‘ and amend orderand amend to include proceedings 96C Amend order 37 of the Substitute a new sub-rule 3 of rule 3 of order 30 (SI 93/1997) to provide for applications made Substitute a new rule 5 in orderthe 97 of 20/7/2007 ’) of the Road Traffic Act 2006 (SI 93/1997). SI 418/2007 SI 564/2007 SI 313/2007 SI 314/2007 SI 408/2007 SI 227/2007 District Court Rules 1997 (SI 93/1997) to provide forms and procedure in connection , section 1, summons’, in schedule B of the Health Act 2007 District Court (Summonses)Number: RulesContents note: 2007 Criminal Justice Act 2006 District Court (RoadNumber: Traffic) RulesContents note: 2007 Children Act 2001Criminal Justice Act 2006 District Court (CommunityNumber: Service)Contents note: Rules 2007 of the District Court (CriminalNumber: Justice ActContents note: 2006, Part 11) Rules 2007 District Court (Children)Number: Rules 2007Contents note: to provide(SI 93/1997) forms in respect the of sections of Children Act 2001 2, part 7. These provisions pro- vide for the establishment of the Health Information and Quality Authority and the Office of the Chief Inspector of Social Services. ment Day) Order 2007 with section 115 of the Quality Authority (Establish- Commencement date: Contents note: 15/5/2007 as the establishment day for the Health Information and Quality Authority under the Health Information and Number: under section 29 of the under part Orders 12A (ss257A-257H, ‘Behaviour under the Commencement date: summons served rule under 3 can be served by registered post. Commencement date: Commencement date: 1997 1986 section 7 of the Rules 1997 for application to court for a civil order in respect of anti-social behaviour. Commencement date: 1/6/ Civil Court Rules 1997 Child Appoints ); (e) the Freedom of Freedom , item 1 of Health Act , and part 5 of , item 3 of part 3 SI 226/2007 (SI 399/1999) and the (SI 399/1999) (SI 731/2004). Give effect : (a) part 1 (except the def- 2007 (Commencement) Order Registration Act 2004 following schedules: (i) sched- ule 1, part 2; (ii) schedule 2, part 2; (iii) schedule 2, part 3 (except item 3); (iv) schedule 2, part 4 (except item 1); (v) schedule 2, part 6; (vi) schedule Number: Contents note: 15/5/2007 as the commence- ment date for the following provisions of the 2007 inition of ‘designated centre’ in s2(1) of that part and except s2(2) of that part), part 2 (except ss8(1)(c) and (d), 9 and 11 of that part), parts 3, 4, 5, 6, 11 and 12; (b) ss40, 43 and 44 of part 7; (c) s104(2) and (3) of part 15; (d) s105 of part 15 (except for the purposes of part 1 of schedule 2, itemising cer- tain amendments to the Act 1991 Care of schedule 2, itemising certain amendments to the Information Act 1997 part 4 of schedule 2, itemising certain amendments to the Health Act 2004 schedule 2, itemising certain amendments to the Health Act 2007 to directive 98/78 on the supple- to directive 98/78 on the of insur- mentary supervision an insur- ance undertakings in effect to ance group and give reinsur- directive 2005/68 on that ance in order to ensure in an reinsurance undertakings group insurance or reinsurance are subject to supplementary supervision in the same manner as insurance undertakings that are currently part of an insur- ance group. Commencement date: European Communities (Supple- European Communities mentarySupervision of Insurance in an Insurance Undertakings Group) (Amendment) Regulations 2004 vision of Insurance Undertakings in vision of Insurance Group) Regulations an Insurance 1999 2007 (SI 2/7 Value 11/6/ Appoints Revoke all Amend regu- Prepared by the Prepared Safety in Industry Factories Act 1955 Law Society Library SI 272/2007 SI 300/2007 SI 412/2007 . G 2007 2007 2007 Allowance) Regulations (Commencement) Order (Amendment) Regulations Supplementary Welfare at Work Act 2005 (Repeals) Value Added Tax Number: Contents note: lations 15 and 16 of the Number: note: Contents 1/11/2007 as the commence- 4(2) inso- ment date for section repeal of far as it applies to the 115 and sections 33, 34, 35, 116 of the 28 and to the repeal of sections and 29 of the Act 1980 Social Welfare (Consolidated Number: Contents note: 2006 Regulations Added Tax 548/2006) and insert a new regulation 16A, ‘Adjustments for bad debts and for early determination of hire purchase transactions’, into the 2006 regulations. Commencement date: 2007 Safety, Health and Welfare previous regulations and con- solidate the regulatory provi- sions governing supplementary welfare allowance. Commencement date: /2007 (SI Rules of Rules of Rules of the . Common Law Debtors (Ireland) Land Registration Land Registration Rules . Land Registration Rules 1972 and rule 5 of the (SI 15/1986) to align the procedure for 1/9/2007 (SI 15/1986) to prescribe the procedure Transfer of Sentenced Persons Act 1995 29/6/2007 (SI 15/1986) to provide for the extension to 1/8/2007 Amend rules 164, 169, 44, 57, 103, 158, 160, Insert a new order 128 and forms in the Substitute a new rule 1 in order of the 46 Insert a new rule 8A in order 11A of the 1/8/2007 (SI 310/1986) and deletes forms(SI 310/1986) and deletes and 92, 93, 104A and sections 132 and 133 of the SI 417/2007 SI 407/2007 SI 416/2007 SI 568/2007 Transfer of Execution of Sentences Act 2005 . Enforcement and Service of Proceedings) 2007 Rules of the SuperiorNumber: Courts (TransferContents note: of Sentenced Persons) 2007 and the Rules of the Superior Courts Number: (Jurisdiction, Contents note: Recognition, 170,191, 192, 193, 194 of the 170,191, 192, Land Registration Rules 1972 Rules of the SuperiorNumber: Courts (ChargingContents note: Orders) 2007 Land Registration Number: Rules 2007 Contents note: Commencement date: 105A of the schedule of forms105A of the schedule to the the Kingdom of Denmark of regulation (EC) 1348/2000 on service commercialof judicial and extrajudicial documents in civil and mat- ters and regulation (EC) 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters. Commencement date: to be followed under the making applications for orders charging stocks or shares under order 46, rule 24 of the 1, with sections 23 and 1972 th Commencement date: Rules 1986 Act 1840 Procedure Amendment Act (Ireland) 1853 Superior Courts 1986 Road Commencement date: the Superior Courts 1986 the Superior Courts 1986 1/11/ 18/7/ AUG/SEPT 2007 AUG/SEPT 230/1972) and forms230/1972) sched- 105 and 106 of the 17, 68, 95, 104, ule of forms to those rules. Rescinds rules 157, 161, 155, 156, 166, 167, sub-rule (5) of rule 168, rules 173 of the 171, 172, and (insert- ; (b) the Recognises Revoke and Safety, Health (SI 44/1993) (SI 392/2005) ). SI 299/2007 SI 527/2007 Safety, Health and Welfare Health and Welfare Safety, Safety, Health andSafety, at Welfare Road Traffic Act 1961 Road Traffic 2007 Application) Regulations Order 2007 at Work (General Foreign Driving Licences) schedule relating to the notifi- cation of accidents and danger- ous occurrences, which remain in place) that were not already revoked under the (General at Work and Welfare Application) (Revocation) Regulations 2005 following their incorporation in the Act 2005 at Work at Health and Welfare Safety, (General Application) Work (Amendment) Regulations 2001 (SI 188/2001). Also revoke and replace a number of other regu- lations or parts thereof – see SI for full list. Commencement date: 2007 Number: Contents note: replace: (a) those provisions of the (General Application) Work Regulations 1993 (other than part X and the 12 Safety, Health and Welfare Road Traffic (Recognition of Number: note: Contents certain foreign driving licences certain foreign exchange for driving licence 23A of purposes under section the ed by section 8 of the ed by section 8 of Act 2006 Traffic Commencement date: 2007 www.lawsociety.ie LAW SOCIETY GAZETTE

BRIEFING 66 BRIEFING 67 ) 6,000 to the € G www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT the Complaints and Client the Complaints and at its Relations Committee 2005; meeting on 23 March out its conduct in carrying inves- statutory obligation of tigating complaints. compensation fund, the Law Society of Ireland as taxed by a taxing master of the High Court in default of agreement. j) the Society by his Obstructed that the The tribunal ordered respondent solicitor: a) Do stand censured, b) Pay a sum of c) Pay the whole of the costs of Solicitors (Amendment) Act 2002 LAW SOCIETY GAZETTE for failing, on taking Solicitors (Amendment) Act Solicitors (Amendment) 1994 as instructions or as soon to pro- practicable thereafter, vide in writing the informa- sec- tion prescribed by the tion; an for the defendants that offer made in October 2001 was not acceptable until February 2004; letters from the Society; progress reports on his case, as directed by client’s on the Stamp Duty page by clicking on “TAX & DUTY>>” on “TAX clicking on the Stamp Duty page by on the left hand side of the home Guide ...” (under “Your in turn on the links “Duties”, page) and then clicking to be "Certificates “Stamp Duties”, and (scrolling down) included in Deeds", or on “ ... for PRACTI- clicking page by on the Practitioners' on the left hand side of TIONERS” (under “Information ...” on clicking the home page) and then (scrolling down) “Stamp Duty Certificates”. f) Breached section 68(1) of the g) inform the solicitors Failed to h) Failed to reply to numerous i) Failed to provide monthly ■ ■ The new web routine is now ‘live’ on Revenue’s website and on Revenue’s ‘live’ routine is now new web The link: can be accessed through the following http://www.revenue.ie/revguide/stampduty/stampdutycert1.htm from the home ways two It can also be accessed in the following page www.revenue.ie gressing an action on behalf gressing an action on of his client; claim arose on 28 February 2000, did not issue proceed- 2003; ings until 27 February into settlement negotiations by let- when invited to do so 2004 ter dated 18 August from a solicitor for one of the defendants; negotiations despite repeated assurances given to the Society that he would do so; dence from the complainant; b) Notwithstanding that the c) Failed to take steps to enter d) Failed to enter into settlement e) Failed to answer correspon- FINANCE ACT CERTIFICATES FOR STAMP DUTY FOR STAMP CERTIFICATES ACT FINANCE

Solicitors (Amendment) Act 1994

The Law Society is pleased to see that Revenue has recently Society is pleased to see that Revenue Law The web-based routine to help solicitors find a new launched Act certificates for stamp duty when the correct Finance deeds. drafting and Committee Conveyancing Members of the Society’s have Committee along with other practitioners Technology phases of in the analysis and user-testing with Revenue worked to recommend it to the profession. this project and are happy or expansion of the rou- for improvement further suggestions Any can be directed to tine, or in relation to e-stamping in general, Commissioners, O'Hanlon, E-stamping Project, Revenue Mick email to [email protected] Dublin Castle, Dublin 2, or by On 22 May 2007, the Solicitors the found Disciplinary Tribunal respondent solicitor guilty of misconduct in his practice as a solicitor in that he: a) delay in pro- in serious Was In the matter of John J In the matter of practis- Kilraine, a solicitor ing as Kilraine & Company, Galway, Nile Lodge Corner, of the and in the matter Solicitors Acts 1954-2002 [6868/DT85/06] Law Society Of Ireland (applicant) John J Kilraine solicitor) (respondent Solicitors DisciplinarySolicitors Tribunal This report Solicitors Disciplinarythe outcome of a of inquiry Tribunal Law Society of published by the is Ireland as provided of the by section 17 23 (as amended for in section of the BRIEFING LAW SOCIETY GAZETTE AUG/SEPT 2007

firstlaw update

News from Ireland’s online legal awareness service Compiled by Flore Bouhey for FirstLaw

trademark did not have any par- balancing of interests in light of The applicants applied by way COMMERCIAL LAW ticularly inherent distinctiveness articles 6 and 8 of the European of judicial review for, among Trademarks such as to justify the granting to Convention on Human Rights. other things, orders prohibit- Trade Marks Act 1996 – it by the court of a higher level The entire rationale for the ing the prosecution from tak- whether there was a likelihood of of protection. Consequently, exclusionary rule had been ing any further steps in the confusion between the plaintiff’s there was not a likelihood of replaced. Evidence resulting prosecution of the applicants trademark and the second-named confusion between the earlier from a detention based upon a on the grounds that, by virtue defendant’s trademark. trademark ‘TOPPITS’ and the suspicion that could not be of the failure of the gardaí to The plaintiff, who was the reg- trademark ‘TUB-ITS’ sought proved as entirely lawful was seek out and preserve video istered proprietor of the trade to be registered by the second- not for that reason unlawful. evidence available, this result- mark ‘TOPPITS’, appealed named defendant. The district judge had to assess ed in each of the applicants against the decision of the first- Cofresco Frischhal Terprodukte all of the evidence. The decision being deprived of access to evi- named defendant (the con- GmbH & Co KG v The of the Supreme Court in The dence that would assist their troller) dismissing its opposition Controller of Patents, Designs People (DPP) v Kenny ([1990] 2 defence. to the application by the sec- and Trade Marks & Reynolds IR 110) was not to be extended. Feeney J refused the appli- ond-named defendant to regis- Metals Company, High Court, Director of Public Prosecutions cation, holding (ex tempore) ter ‘TUB-ITS’ as a trademark. Miss Justice Finlay (Walsh) (prosecutor) v Cash that the court was satisfied that The plaintiff submitted that the Geoghegan, 14/6/2007, 2007 (accused), High Court, Mr a fair trial could occur and all application for registration No 103 SP, 2007 No 52 COM Justice Charleton, 28/3/2007, or any matters concerning the should have been rejected hav- [FL14064] 2005 No 1088 SS [FL13794] nature and extent of the video ing regard to s10(2)(b) of the evidence could be dealt with at 1996 act, as its trademark was an Delay the trial. CRIMINAL LAW earlier trademark that was simi- Sexual offences – judicial review – O’Sullivan, O’Herlihy and lar to the second-named defen- Constitutional law whether real risk of unfair trial – Moore (plaintiffs) v DPP dant’s trademark, it related to Case stated – improperly obtained whether failure of victims to com- (defendant), High Court, Mr goods that were either identical evidence – extraordinary excusing plain was result of alleged conduct. Justice Feeney, 30/3/2007, or similar to the goods for circumstances – fingerprints – bur- The applicant sought an order 2006 279JR, 2006 244JR, which the second-named defen- glary charge – separation of powers restraining the DPP from pros- 2006 290JR [FL13793] dant sought registration, and – whether court could admit illegal- ecuting him on a number of consequently the registration of ly obtained fingerprints – Criminal indecent assault charges and Extradition the second-named defendant’s Justice Act 1984 – Criminal charges of buggery and gross Charge of alleged rape – warrant trademark was likely to cause Justice Act 2006 – European indecency, on grounds of delay. for arrest – request made from confusion on the part of the Convention on Human Rights. Hanna J refused the relief Jersey – whether affidavits sup- public. The goods in question The fingerprints from the sought, except in the case of OB, porting request for extradition were essentially low-cost plastic accused were taken illegally holding that there was no real or properly sworn – whether delay of resealable containers for gener- from him and not in accordance serious risk of an unfair trial. On the prosecution in Jersey in seek- al household or kitchen use. with the provisions of the the balance of probabilities with ing extradition prejudiced the Finlay Geoghegan J disal- Criminal Justice Act 1984 or the regard to the complainants, the respondent – Extradition Act lowed the appeal, holding that Criminal Justice Act 2006. The failure of the victims to com- 1965, part 11. the visual impact of the hyphen- fingerprints matched those plain, with the exception of OB, The applicant received a ated and non-hyphenated words taken at the scene of a burglary. was a result of the alleged con- request to extradite the comprising the two trademarks The issue arose, among other duct complained of. respondent to face a charge of was different, and the dominant things, as to whether the D(A) (applicant) v DPP rape in Jersey, Channel visual impact of each mark improperly obtained evidence (respondent), High Court, Mr Islands. The respondent being associated with ‘tub’ and could be used in the prosecution Justice Hanna, 17/1/2006, claimed (a) the request the ‘top’ respectively appeared quite or whether it had destroyed the 2003 No 443 JR [FL13820] minister received is not a distinctive and not likely to lead legality of the arrest. request where communicated to confusion. Conceptually, the Charleton J held that a sys- Evidence by a diplomatic agent, (b) affi- marks did not appear to be sim- tem of exclusion of improperly Duty to seek out and preserve davits supporting the request ilar in the English language. obtained evidence had to be evidence – whether real risk of were not properly sworn, (c) Furthermore, the plaintiff’s implemented on the basis of a unfair trial. section 25(1)(a) of the act was

68 www.lawsociety.ie BRIEFING 69 He Fire Fire provided the , High Court, www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT G Fire ServicesFire Act 1981. Mr Justice Feeney held that third-named defendants with exemption from civil liability, not only on the basis of breach of statutory duty but also neg- ligence. the third-named defendant was entitled to a correct statu- tory interpretation of section 36 of the 1981 act. The plain- action against the third- tiff’s named defendant was inca- pable of success by reason of the immunity in section 36 of the action. dismissed the plaintiff’s Moran (plaintiff) v O’Dono- van and Cork County Council (defendants) 27/3/ Mr Justice Feeney, 2007, 1998 No 9756 P [FL13868] Services Act 1981 Breach of duty from civil liability – Exemption of section – plain interpretation of – functions words meaning of – s36, authority the fire Services Act 1981. the first A fire occurred at which property, defendant’s plaintiff’s was adjoined to the fire was dealt The property. in the with that morning, but at the afternoon a fire occurred the plaintiffs’ premises, which by plaintiffs’ allege was caused fire the failure of the local service to adequately examine or inspect the plaintiffs’ prem- ises after the fire at the first- premises named defendant’s that morning, and also a failure to inquire as to previous smoke escaping into the plaintiffs’ premises. The issue was whether section 36 of the TORT The information contained here Legal is taken from FirstLaw’s Service, Awareness Current published every day on the internet at www.firstlaw.ie. For more information, contact bartdaly@ Merchant’s or FirstLaw, firstlaw.ie Dublin Quay, Court, Merchant’s 8, tel: 01 679 0370, fax: 01 679 0057. LAW SOCIETY GAZETTE , High Court, [FL13931] O’Neill J allowed the appli- out or continuing to carry out out or continuing at a particu- any development by the respon- lar site owned the respon- dent and directing forthwith all dent to remove development unauthorised on that carried out by him of a site, namely the erection mobile home. The respondent a had previously removed concrete mobile home and to base from the site pursuant That home had a court order. land by been placed on the for a way of replacement existed mobile home that had 1974. on the site since in 2005, he replaced However, that structure with a smaller mobile home on a gravel base, and it is that home that the applicant sought to have removed. The respondent submitted that the replace- ment of the mobile home with the current mobile home amounted to a continuation of the same user of the site and, that the applicant was further, prevented from seeking this relief by virtue of s160(6)(a)(i) of the 2000 act. cation, holding that the con- struction of the mobile home and new gravel base in 2005 constituted works within the meaning of section 3(1) of the 2000 act, and consequently it amounted to development that required planning permission. Furthermore, the mobile home was properly to be regarded as a structure as defined in section 2 of the act. When the original mobile home was removed, that amounted to a permanent change and therefore any immunity from action under section 160 that had accrued in relation to that structure was abandoned by the respondent. Sligo County Council (appli- cant) v Gavin Martin (respondent) Mr Justice O’Neill, 24/5/2007, 2006 No 147 MCA – Hague Family Status of – – [FL14006] Guardianship Planning and – economic circum- , Circuit Court, , Court, Mr High [FL14031] Judge McMahon refused PLANNING AND DEVELOPMENT stances – distances – of Infants Act 1964 Convention consideration of the court. consideration O’H v HSE 19/2/2007, Justice Abbott, SS 2007 No 113 Guardianship Removal of child from jurisdiction – of child – best interest Children Act 1987 of a whether the replacement mobile home with another mobile develop- home constituted a fresh ment – whether the respondent had carried out unauthorised works/development. The applicant sought an 160 pursuant to section order, of the 2000 act, restraining the respondent from carrying Law (Maintenance of Children) Law (Maintenance of Act 1976. The applicant, an Australian of the national and wife to return respondent, sought to Australia and take the child with her on a permanent basis, an away from its natural father, Irish citizen. The issue arose as to what was in the best inter- ests of the child and what the welfare of the child required. the orders sought, holding that it would be difficult for the respondent to remain in touch with the child if it was taken to Australia. The cost and dis- tance of the travel entailed that the father would be able to make only limited trips to Australia. The economic prospects of the applicant were Removing the child sketchy. would permanently deprive the child of a relationship with its father. F(G) (applicant) v C(D) (respondent) Judge McMahon, 10/5/2007, 174/2006 Unauthorised development Section 160 of the Development Act 2000 Child article , High had not , s4 – , Supreme Peart J ordered the release Peart J ordered Abbott J held that, having FAMILY LAW FAMILY O’Rourke v Governor of of the respondent, holding that of the respondent, of the the provisions of s23 Extradition Act 1965 Custody – article 40 jurisdiction Children – lawfulness of detention of chil- by HSE through agency of dren – custody – foster carers arrived in foster care for wel- fare considerations, even if these considerations were not firmly legally based, the court should enquire into the chil- welfare. The children dren’s should not be released to the day-to-day care or otherwise of the applicant, but the situa- tion warranted the direction of the court to the HSE to pre- pare a welfare report in respect of all three children to be fur- nished to the court, and the matter would be put in for the not satisfied, and (d) the not satisfied, was prejudiced by respondent the prosecution in the delay of Jersey. with been strictly complied had not and the extradition for the been “duly requested” of the act purposes of s29(1)(a) ( Cloverhill Prison Court, 3 May 2004). Attorney General (applicant) v Q(MP) (respondent) Court, Mr Justice Peart, 13/12/2006, 2006 No 64 Ext [FL13853] Care Act 1991 Constitution of Ireland, 40.4. This was an application by the father of three children who had been taken into care by the HSE. The applicant made the application on behalf of the children under article 40.4 of the Constitution in relation to having an enquiry conduct- ed into the lawfulness of the alleged detention by the HSE, through the agency of the foster carers, of the three children. BRIEFING LAW SOCIETY GAZETTE AUG/SEPT 2007 eurlegal

News from the EU and International Affairs Committee Edited by TP Kennedy, Director of Education, Law Society of Ireland Recent developments in European law required to fund the rights to of those benefits. Even if no porated in Germany. In May July’s ‘Eurlegal’ piece, old-age benefits and, if they are, provision of the directive con- 2002, they agreed on the pur- ‘Repackaging and relabel- to what level they are required tains elements that make it pos- chase by the applicant from the ling pharmaceutical prod- to fund them. It asked whether sible to establish with any preci- defendant of a number of ucts’, was written by Dorit the British legislation was com- sion the minimum level of pro- antennae and hard cases for McCann, a senior associate patible with the directive and tection required, a system that €82,235.40, excluding trans- with A&L Goodbody. The for guidance on the liability of may, in certain cases, lead to a port, taxes and other charges. attribution was omitted. Britain in the case of incorrect guarantee of benefits of less The defendant had given a quo- transposition of the directive. than half of that entitlement tation, incorporating its general The court held that the direc- cannot be considered to fall terms and conditions, which tive does not oblige the member within the definition of the included a jurisdiction clause EMPLOYMENT states themselves to fund the word “protect” used in the giving exclusive jurisdiction to Case C-278/05, Carol Marilyn rights to old-age benefits. It directive. The British system is the court having jurisdiction at Robins and Others v Secretary of states in a general manner that incompatible with EC law. The the defendant’s headquarters, State for Work and Pensions, 25 member states “shall ensure that court finally looked at the liabil- namely Duisburg in Germany. January 2007. Ms Robins and the necessary measures are ity of member states in the case The defendant did not send a 835 others were employees of taken”, but this leaves some lat- of incorrect transposition. In copy of the terms and condi- ASW Ltd, which went into liq- itude as to the means to be the context of the directive, a tions to the claimant. The uidation in April 2003. They adopted to ensure protection. A member state’s liability is condi- claimant replied by a fax, enti- were members of final salary member state may impose, for tional on a finding of manifest tled ‘purchase order’, ordering pension schemes, funded by example, an obligation on and serious disregard by that the goods set out in the quota- ASW. The schemes were termi- employers to insure or provide state for the limits set on its dis- tion at the price quoted. The nated in July 2002 and are being for the setting up of a guarantee cretion. In order to determine goods were delivered in wound up. Actuarial valuations institution in respect of which it whether that condition is satis- England and the claimant disclosed that there are insuffi- will lay down the detailed rules fied, the national court must sought to reject them, arguing cient assets to cover all the ben- for funding, rather than provide take account of all the factors that they were defective. The efits of all members, and the for funding by public authori- that characterise the situation claimant commenced proceed- benefits of non-pensioners will ties. The court held that the put before it. In this case, those ings in England seeking dam- therefore be reduced. Under directive cannot be interpreted factors include the lack of clari- ages for breach of contract. British legislation, the claimants as demanding a full guarantee of ty and precision of the directive The defendant applied for a will not receive all the benefits the rights in question. It does no with regard the level of protec- declaration that the English to which they were entitled. more than prescribe in general tion required, and a commission courts had no jurisdiction, Two of the claimants will terms the adoption of the meas- report of 1995 concluding that arguing that there was a valid receive only 20% and 40% ures necessary to “protect the Britain appeared to have met jurisdiction clause recognised respectively of those benefits. interests” of the persons con- the requirements of the direc- by article 23 of the Brussels The claimants argued that cerned. The directive gives tive. This report may have rein- Regulation. The claimant British legislation did not pro- member states considerable lat- forced Britain’s position with argued that England had juris- vide them with the level of pro- itude on the level of protection regard to the transposition of diction under article 5(1)(b) of tection required by Directive and thus excludes an obligation the directive into domestic law. the regulation, as England was 90/987/EEC, which relates to to guarantee in full. The ECJ the place where the goods were the protection of employees in then considered the compatibil- delivered under the contract. It JURISDICTION the event of the insolvency of ity of British legislation with the did not agree to the jurisdic- their employer. They claimed directive. According to figures 7E Communications Ltd v Vertex tion clause contained in the compensation for the losses communicated by Britain in Antennentechnick GmbH, 26 terms and conditions. The they had suffered. The English 2004, about 65,000 members of February 2007, High Court court held that the quotation High Court referred three pension schemes suffered the (England and Wales). The and the purchase order togeth- questions to the ECJ for a pre- loss of more than 20% of applicant is a company incor- er formed the contract liminary ruling. It asked expected benefits and 35,000 porated in England and the between the parties. The con- whether member states are suffered losses exceeding 50% defendant is a company incor- tract was subject to the defen-

70 www.lawsociety.ie BRIEFING 71 EU Treaty G www.lawsociety.ie AUG/SEPT 2007 AUG/SEPT In the sphere of police and In the sphere in crimi- judicial cooperation (the third pillar), nal matters may adopt com- the council The mon positions. enable national does not to the courts to refer questions ruling court for a preliminary as on a common position, are not common positions legal supposed to produce par- effects in relation to third council ties. In contrast, the and may adopt decisions intended framework decisions in to produce legal effects parties. relation to third Those may be the subject of a reference for a preliminary ruling. Given that the proce- dure enabling the ECJ to give preliminary rulings is designed to guarantee obser- vance of the law in the inter- pretation and application of the right to make a the treaty, reference for a preliminary ruling in the context of the third pillar must therefore exist in respect of all measures adopted by the council (what- ever their nature and form) that are intended to have legal effects in relation to third par- ties. A national court hearing a dispute that indirectly raises the issue of the validity or interpretation of a common position adopted in the con- and text of the third pillar, that has serious doubt whether that common position is really intended to produce legal effects in relation to third parties, may ask the ECJ to give a preliminary ruling. It would then fall to the ECJ to find, where appropriate, that the common position is intended to produce legal effects in relation to third par- ties, to accord it its true classi- fication and to give a prelimi- nary ruling. Thus, the court held that the appellants had not been deprived of effective judicial protection and that the orders of the CFI did not prejudice their right to such protection. , 27 February LAW SOCIETY GAZETTE Gestoras Pro-Amnistía, specified areas where there was specified areas could thus not no such link right to a fair prejudice the 6(3) allowed for trial. Section of the the non-application obligations where reporting and the there was such a link thereby right to a fair trial was court respected. The national to apply must now decide how rules in national constitutional the context of a legally-valid has directive. That directive a 2005 since been replaced by regards directive that, as pro- lawyers, contains the same visions. Cases C-354/04 P and C-355- 04 P, Jan Mari Olano and Julen Zenarain Enarrasti v Council of the European Union Segi, Araitz Zubimendi Izaga and Aritaz Galarraga v Council of the European Union 2007. In 2001, the Council of the EU adopted a common position on the application of specific measures to combat terrorism. A list of persons, groups or entities involved in terrorism was annexed to the common position. It was drawn up on the basis of infor- mation supplied by the police or judicial authorities of the member states. In June 2004, the CFI rejected the actions brought by the applicants claiming damages for harm suffered as a result of two organisations being included in this list. They then appealed the decision of the ECJ seeking to have those orders set aside. They argued that they had no means to challenge the inclusion of these two organisations in the list and that the order of the CFI prejudices their right to effective judicial protection. The ECJ pointed out that the EU is founded on the princi- ple of the rule of law and it respects fundamental rights as general principles of EC law. REFERENCE TO ECJ . It held seeking annul- EC Treaty that the right to a fair trial could arise only in a context where there was a link to judi- cial proceedings. The existence of obligations in relation to the eration (including reporting eration (including transactions) only suspicious they participate in insofar as of financial and specified types Even in real estate transactions. the directive pro- these areas, may vides that member states report- decide not to apply the in ing obligations to lawyers received respect of information in the course of ascertaining the client the legal position for or defending or representing proceed- that client in judicial of bar ings. In 2004, a number Belgium associations in the brought proceedings before Cour d’Arbitrage ment of provisions in a 2004 law transposing the directive as they related to lawyers. It was argued that the reporting obli- gations unjustifiably impinged on the principles of profession- al secrecy and the independ- ence of lawyers, that the dis- tinction between activities cov- ered and not covered was untenable and legally uncer- tain, and that the reporting obligations destroyed the rela- tionship of trust between lawyer and client. Before ruling on the compatibility of the national provisions with the Belgian constitution, the Belgian court asked the ECJ to rule on whether the directive itself was lawful. Strictly adher- ing to the terms of reference, the ECJ limited its review to the question of legality by ref- erence to the right to a fair trial, as guaranteed by article 6 of the ECHR and article 6(2) of the TEU. In holding that the relevant obligations on lawyers did not infringe this right, the ECJ stated that, while the pre- cise extent of these obligations was “not entirely unambigu- ous”, preference should be given to an interpretation that rendered the provisions consis- tent with the Ordre des bar- Ordre , 26 June 2007. In . Under this directive, Anti-Money-Laundering MONEY LAUNDERING Case C-305/85, lawyers are subject to obliga- tions of information and coop- dant’s terms and conditions, terms and dant’s the jurisdiction including court held that the clause. The given its consent claimant had clause and to the jurisdiction so even though it that it did the gen- did not have a copy of The eral terms and conditions. the par- claimant argued that a written ties had not signed by article contract, as required held that 23(1)(b). The court there was no clear distinction being between one document parties signed and two. If both or had signed the quotation the the claimant had signed quotation and faxed it back to the defendant, the require- ments of article 23(1)(b) would have been met. Thus, it made no commercial or other sense to hold that the position is dif- ferent because, instead of sign- ing the quotation, the claimant accepted the offer by signing the purchase order and send- ing it back to the defendant. In both cases, there would be a guarantee of real consent on the part of the claimant and the consensus between the parties would be established. No distinction is to be drawn between a case in which a con- tract is contained in one docu- ment signed by both parties and a case in which a contract is contained in or evidenced by two documents, one of which is signed by one part and one case like and a by the other, this, where an offer is made in writing signed by the offerer, and the offer is accepted in writing signed by the offeree. francophones et ger- reaux manophones and others v Council of Ministers June 2007, the ECJ ruled in a case concerning the obliga- tions of lawyers under the 2001 Directive Co Galway Co Galway Co Dublin Co Dublin Co Dublin Milverton and barony of Balrothery; Milverton and Co Dublin Co Dublin Co Dublin Co Dublin Co Dublin Co Galway Co Dublin Co Dublin Co Co Co Co Co Co 52340; lands: townland of and Lisdoonaun and Townparks barony of Longford; 12312; lands: townland of Glinsk and barony of Balymoe; lands: townland of Ballywataire and barony of Ballymoe; area: 36.2724 hectares; 24259; lands: townland of Roundstone and barony of Ballynahinch; area: 0.1372 hectares; Co Galway 22581; lands: townland of Bunnahevelly and Glenrevagh (Clare Grainne Saunders; folio: DN99831L; lands: the property being an apartment known as no 19 Block B, Cois Trá, Ground Floor, Kilbush, Rush, in the parish of Lusk and town of Rush; folio: DN56691F; Kathleen Tansey; lands: property situate in the town- land of Dundrum and barony of Rathdown; Sheila Hughes; folio: DN13989F; lands: property situate in the town- land of Knocklyon and barony of Uppercross; Bradley) Naylor; folio: DN57428L; lands: property known as 54 Dingle Road, situate in the parish of Grangegorman and district of North Central; DN50499F; lands: property known situate in the as 53 Mellowes Avenue, parish of Finglas and district of Finglas North; folio: DN51981F; lands: property sit- uate on the south side of the coast road in the town of Malahide, situate in the townland of Robswalls and barony of Coolock; folio: DN1186L; lands: property sit- folio: DN1186L; side of Sydenham uate on the west in the townland of Road, Dundrum, barony of Rathdrum; Dundrum and Co Dublin lands: Martin; folio: DN137902F; property known as 55 Ellenfield of Road, Whitehall, in the parish of Clonturk and in the district borough Clonturk and in the county of Dublin; lands: Mulligan; folio: DN10394; of property situate in the townland of Farranboley and barony Rathdown; prop- Nish; folio: DN2316F; lands: of erty situated in the townland Coolock; Robswalls and barony of Co Dublin DN90898F; lands: property known situate in the as 1 Shanowen Avenue, parish of Santry and district of Santry; Regd owner: Mary P Doran; folio: Regd owner: Patrick Timothy; folio: Regd owner: Patrick Timothy; Regd owner: John Fallon; folio: 26078; Regd owner: Michael Ferron; folio: Regd owner: Martin Greaney; folio: Regd owner: Donal Saunders and and Regd owner: Joseph Tansey Regd owner: Thomas Hughes and Regd owner: Barbara (otherwise Regd owner: Ann O’Keeffe; folio: Regd owner: Brian Reid and Rita Reid; Regd owner: Hubert Thomas Jarrett; Regd owner: Martin and Emily Regd owner: Maurice and Mary Regd owner: Patrick Mulligan Primrose Regd owner: Ian Nish and folio; Regd owner: Deirdre O’Connor; Co Donegal Co Donegal Co Dublin Co Dublin Co Donegal Co Donegal Co Dublin Co Dublin Co Donegal Co Cork Co Dublin Thomas Crossan, Ballyraine, Thomas Crossan, Co Donegal; folio: Letterkenny, 32426; lands: Cullion; Burtonport, Co Lackenagh, Bonner, Roshin Donegal; folio: 16836F; lands: area: Acres and barony of Boylagh; 0.382 hectares; Moneygreggan, Newtowncunning- lands: ham, Co Donegal; folio: 38034; Moneygreggan; Co Sallaghagraine, Letterkenny, lands: Donegal; folio: 41764; Ballyraine; Noleen Hennigan, Tullycleave, Ardara, Co Donegal; folio: 15040F; More; lands: Tullycleave Donegal Crolly PO, Co Tor, T McKelvey, Donegal; folio: 34848; lands: Tor; Donegal Gortnavern, Kerrykeel, Co Donegal; folio: 37214; lands: Gortnavern; Donegal Ballindrait, Lifford, Co Donegal; folio: 2728F; lands: Ballybofey; Donegal Co Donegal; folio: 4927F; Annagry, lands: Meenderryowan; Co Donegal; folio: Letterkenny, 35470; lands: Kinnalough; Donegal Co Donegal; folio: Letterkenny, 36409; lands: Kinnalough; Donegal DN15149; lands: property situate in the townland of Rathcoole and barony of Newcastle; Barbara Byrne; folio: DN71167L; lands: property situate in the town- and barony of land of Templeogue Uppercross; DN56493F; lands: property known as 17 Friarsland, situate in the townland of Friarsland and barony of Rathdown; ty of Dublin; folio: DN3149F; lands: property situate in the townland of and barony of Balrothery Toberstown East; Finlay; folio: DN71728L; lands: property situate in the townland of Carrickhill and barony of Coolock; Co Dublin DN8698L; lands: property situate in the townland of Rathcoole and barony of Newcastle; Dowling; folio: DN2105; lands: prop- erty situate in the townland of Cronin; folio: 82497F; lands: plot of Cronin; folio: as no 2 North ground known being part of the town- Horsemount, North in the land of Horsemount and county West barony of Muskerry of Cork; Regd owner: Michael Crossan and Regd owner: and Garrett Regd owner: Shane Bonner Gibson, Regd owner: Sydney Gordon, Regd owner: Neil and Regd owner: Harold Hennigan Regd owner: John McKelvey and Mary McMahon, J Regd owner: William Springhill, Regd owner: Hugh O’Leary, Regd owner: Frederick Baikie, Ardcrone, Regd owner: John Clinton, Ballylar, Regd owner: John Clinton, Ballylar, F Bowers; folio: Regd owner: William Regd owner: Christopher Byrne and Regd owner: Roisin Cleere; folio: Regd owner: county council of the coun- Regd owner: Leo Finlay and Anita Regd owner: James Finnerty; folio; Regd owner: Kevin Joseph and Patricia Regd owner: Catherine and Jerry Regd owner: Co Co Clare Co Cork Co Cork Co Cork Co Cork Co Cork Co Cork Co Cork O’Driscoll; folio: 65293F; lands: plot of ground known as 6 Sunningdale, situate in the townland of Ballincollig in the barony of Muskerry East in the county of Cork; 56698; lands: plot of ground situate in the townland of Grange (ED Douglas) in the barony of Cork in the county of Cork; Anne O’Sullivan; folio: 8075F; lands: plot of ground situate in the townland of Currabeha in the barony of Muskerry East in the county of Cork; Co Cork Philpott; folio: 54835F; lands: plot of ground known as no 19 de Valera Drive, Sean O’Brien Park, situate in the townland of Carrignagroghera and barony of Condons and Clangibbon in the county of Cork; Co Cork (deceased); folio: 26507; lands: plot of ground situate on the north side of Coomlogane Street in the town of Millstreet, being part of the townland of Coomlogane in the barony of in the county of Cork; Muskerry West Co Cork 108230F; lands: plot of ground situate in the townland of Miles and barony of Carbery East (East Division) in the county of Cork; 65622F/67412F; lands: plot of ground situate in the townlands of (1) Ballinphelic, (2) Ballynabearna and (2) barony of (1) Kerrycurrihy, Kinalea in the county of Cork; Cork (deceased); folio: 55108; lands: plot of ground situate in the townland of Slip and barony of Bantry in the county of Cork; liability company); folio: 57842; lands: liability company); folio: 57842; townland plot of ground situate in the of of Ballincollig in the barony of Cork; Muskerry East in the county Co Cork plot of Healy; folio: 103606F; lands: ground known as no 18 Woodview, of situate in the townland Orrery Churchtown and barony of and Kilmore in the county of Cork; Co Cork 6789F; lands: plot of ground situate in the townland of Ballinluska and barony of Kerrycurrihy in the county of Cork; Margaret Finnerty; folio: 51667; Margaret Finnerty; folio: in the lands: plot of ground situate in the townland of Shean Upper the coun- barony of Muskerry East in ty of Cork; 7214; lands: townland of Shallee and 7214; lands: townland area: 12 acres, 2 barony of Inchiquin; roods and 26 perches; of ground situate in 21397; lands: plot of Milleen and barony the townland in the county of West of Muskerry Cork; Regd owner: Leo O’Driscoll and Teresa Regd owner: Nicholas Swanton; folio: O’Sullivan and Regd owner: Timothy Regd owner: Arthur Philpott and Helen Duggan Regd owner: Timothy Regd owner: Ruth Bennett; folio: Regd owner: Denis Murphy; folio: Regd owner: Elizabeth Murphy Regd owner: Frinailla Limited (limited Regd owner: Frinailla Limited Healy and Lorraine Regd owner: Vivian Regd owner: Eilish Horgan; folio: Regd owner: John Finnerty and Regd owner: John Finnerty Regd owner: Francis Morgan; folio: Regd owner: Dineen; folio; Timothy Regd owner: AUG/SEPT 2007 AUG/SEPT Co Cavan Co Clare Co Clare Co Clare Co Carlow Co Carlow Co Carlow Co Clare Co Cavan Co Clare Co Carlow Co Carlow 15326; lands: townland of Lismulbreeda; and barony of Islands; area: 30.2502 hectares; lands: townland of Clonroad Beg and barony of Islands; lands: townland of Cappalaheen and Lower; area: 14.8640 hectares; Tulla Co Clare Carrownagry South, Mullagh, Co Clare; folio: 4293; lands: Carrownagry South; folio: 20528F; lands: townland of Cahermacnaghten and Ballymahony and barony of Burren; folio: 638F; lands: Grangeford and barony of Carlow; 4939F; lands: Myshall and barony of Forth; Drumkeenan, Ballyhaise, Co Cavan; folio: 16987F; lands: Drumkeeran; Co Cavan O’Caoimh), Gerard Arthurs (Gearoid MacAirt), Thomas P O’Reilly (Tomas P O’Raghallaigh) of Ballyconnell, Co Cavan and Peadar Doyle (Peadar O’Dubhgaill) of Ballyhillan, Co Cavan; folio: 24622; Crossdoney, lands: Drumkeeran Beg and Corr (Tullyhunco); lands: townland of Knockaskeeheen, Ardeamush, Poulagun, Ballyvoe and Glasha Beg and barony of Burren and Cocomroe; Clarke, Cran, Cootehill, Co Cavan; folio: 730; lands: Cran; 3281F; lands: Ballyellin and and barony of Idrone Tomdarragh East; 8141F; lands: Kilcarry and barony of Upper; St Mullin’s folio: 8658; lands: Busherstown and barony of Carlow; LOST LAND LOST LAND CERTIFICATES Regd owner: Stephen Sheedy; folio: Regd owner: James Hehir; folio: 15492F; Regd owner: Patrick Skehan; folio: 6382; Regd owner: Michael Donnellan, Regd owner: Thomas Joseph Hynes; Regd owner: Grangeford Precast Ltd; Regd owner: Daniel McClean; folio: Regd owner: Brendan Duggan, Regd owner: Patrick O’Keeffe (Padraig Regd owner: John Conolin; folio: 22539; Regd owner: Andrew Clarke and Mary Regd owner: William G Connolly; folio: Regd owner: William Regd owner: Sean Fennelly; folio: Registration of Deeds and Title Acts of Deeds and Title Registration 1964 and 2006 has been received from An application owners mentioned in the the registered dispensing schedule hereto for an order issued in with the land certificate in the respect of the lands specified certificate schedule, which original land or inadver- is stated to have been lost certificate tently destroyed. The land notifica- will be dispensed with unless within 28 tion is received in the registry of this days from the date of publication is in notice that the original certificate of some existence and in the custody owner. person other than the registered state the Any such notification should is grounds on which the certificate being held. Property Registration Authority, Chancery Dublin 7 Street, (Published 7 September 2007) Regd owner: Myles Carroll (deceased); www.lawsociety.ie LAW SOCIETY GAZETTE

PROFESSIONAL NOTICES 72 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE AUG/SEPT 2007

By) and barony of Clare; Co Galway Regd owner: Michael Healy; folio: LAW SOCIETY 47810; lands: townland of Carrowmannagh (Moycullen By) and barony of Moycullen; Co Galway Gazette Regd owner: Marion O’Neill; folio: 22413; lands: townland of Oughtagh and barony of Ballymoe; area: 8.1822 hectares; Co Galway PROFESSIONAL NOTICE RATES Regd owner: Coilin Lydon; folio: 4908F; lands: townland of Barraderry and RATES IN THE PROFESSIONAL NOTICE SECTION ARE AS FOLLOWS: barony of Moycullen; Co Galway Regd owner: Veronica McDonagh; folio: • Lost land certificates – €132 (incl VAT at 21%) 7701F; lands: townland of Killeany and barony of Aran; Co Galway • Wills – €132 (incl VAT at 21%) Regd owner: Martin Shaughnessy and • Title deeds – €132 per deed (incl VAT at 21%) Beatrice Shaughnessy; folio: 72F; • Employment/miscellaneous – €132 (incl VAT at 21%) lands: townland of Cuscarrick and barony of Loughrea; Co Galway Regd owner: Bhim Rao Dakoji and HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €31.50 EXTRA Davayani Rao Dakoji; folio: 27480F; lands: townland of Doon East and barony of Iraghticonnor; Co Kerry ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE Regd owner: Cornelius Carroll; folio: 1750F; lands: townland of MADE PAYABLE TO LAW SOCIETY OF IRELAND. Deadline for October Gazette: Kilmaniheen West and barony of 20 September 2007. For further information, contact Catherine Kearney or Valerie Trughanacmy; Co Kerry Farrell on tel: 01 672 4828 (fax: 01 672 4877) Regd owner: Jean Paul Hautecoeur; folio: 16884; lands: townland of Teer and barony of Corkaguiny; Co Kerry Regd owner: Catherine Lane; folio: Crannagh; Co Kilkenny Regd owner: Teresa McShane, Bellurgan, Keating, 106 St Brendan’s Avenue, 29390; lands: townland of Regd owner: Patrick O’Shea; folio: Dundalk, Co Louth; folio; 12846F; Malahide Road, Dublin 5; folio: Glantaunluskaha and barony of 12893; lands: Ahanure and barony of lands: Bellurgan; Co Louth 34877F; lands: Blackfriary; Co Meath Trughanacmy; Co Kerry Kells; Co Kilkenny Regd owner: Eamonn Morgan, Main Regd owner: Denis P Murphy and Regd owner: Mary McSwiney; folio: Regd owner: James Walsh; folio: Street, Dunleer, Co Louth; folio: Margaret McBrearty, 6 Bourne View, 17894; lands: townland of Cloon Beg; 16813F(LC11304); lands: Shankill 1385F; lands: Battsland; Co Louth Ashbourne, Co Meath; folio: 1870L; and barony of Trughanacmy; Co and barony of Gowran; Co Kilkenny Regd owner: Dermot Finnegan and Anne lands: Killegland; Co Meath Kerry Regd owner: Mary Young; folio: 12279F; Finnegan, 1 Grange Rise, Drogheda, Regd owner: Martin O’Donoghue, Regd owner: John Murphy; folio: 86; lands: Cappalough and barony of Co Louth; folio: 1893F; lands: Starinagh, Collan, Co Louth; folio: lands: townland of Killonecaha and Tinnaninch; Co Laois Yellowbatter; Co Louth 19747; lands: Starinagh; Co Meath barony of Iveragh; Co Kerry Regd owner: Michael Crossan and Regd owner: Christopher Moran; folio; Regd owner: Matthew Reynolds, Regd owner: Henry Musgrave; folio: Pauline Crossan, Glebe Street, 19179F; lands: Togher, Stonepark, Possextown, Enfield, Co Meath; folio: 29564 and 32020; lands: townland of Mohill, Co Leitrim; folio: 6443; lands: Cloonnagoppoge and barony of 8064F; lands: Ballynaskea; Co Meath Ralappane and barony of Cornashamsoge; Co Leitrim Kilmaine, Carra; Co Mayo Regd owner: Liam Rowley and Anne Iraghticonnor; Co Kerry Regd owner: James Flynn, Driney, Regd owner: Michael Kelly and Rowley, Strawberry Beds, Chapelizod, Regd owner: Michael Cannon; folio: Drumcong PO, Carrick-on-Shannon, Bernadette Kelly; folio: 7135F; lands: Dublin 20; folio: 15903F; lands: 25295F; lands: townland of Ballymany Co Leitrim; folio: 18995; lands: Driny Cornageeha and barony of Gallen; Co Brownrath; area: 1.688 acres; Co and barony of Offaly East; Co Kildare and Kiltubbrid; Co Leitrim Mayo Meath Regd owner: Concrete Pipes Limited; Regd owner: Joseph Conway; folio: Regd owner: Francis Joseph Lennon; Regd owner: Robert Spooner and Niamh folio: 7159; lands: townland of 22195; lands: townland of folio; 12401F; lands: Lurga Upper and Spooner, 8 Beech Lawn, Johnstown Maudlings and barony of Naas North; Herbertstown and barony of barony of Costello; Co Mayo Wood, Navan, Co Meath; folio: Co Kildare Smallcounty; Co Limerick Regd owner: Bridget McGuire; folio: 36510F; lands: Alexander Reid; Co Regd owner: Jean O’Connor, Ballagh- Regd owner: Joseph Conway; folio: 8205; 1027; lands: townland of Lisbaun East; Meath moon, Carlow; folio: 830; lands: town- lands: townland of Herbertstown and barony of Costello; area: 2.3749 Regd owner: Brendan Treacy and Aideen land of Knocknagee and barony of barony of Smallcounty; Co Limerick hectares; Co Mayo Murray, Drumree, Co Meath; folio: Kilkea and Moone; Co Kildare Regd owner: James Downes; folio; Regd owner: John McNally and Kathleen 14063F; lands: Knockmark; Co Regd owner: Laurence W Rentes; folio: 19312F(part 25239) Co Limerick; McNally; folio: 10575; lands: town- Meath 24768F; lands: townland of lands: townland of Pallas and barony land of Drummin East, Oughty and Regd owner: Mary Rosaleen Dickieson, Ballynadrumny and barony of of Kenry; Co Limerick Glenlaun and barony of Murris; Co 30 Bachelors Walk, Dublin 1; folio: Carbury; Co Kildare Regd owner: Thomas Heaphy; folio: Mayo 7575; lands: Ninch; Co Meath Regd owner: Kevin Smith, 56 South 10190; lands: townland of Scarteen Red owner: John Desmond O’Toole; Regd owner: Thomas Kiernan, Raferagh, Main Street, Naas, Co Kildare; folio: and barony of Coshlea; Co Limerick folio: 48003; lands: townland of Doo- Carrickmacross, Co Monaghan; folio: 6915; lands: the parish of Naas, situate Regd owner: John Shorten; folio: lough and barony of Erris; Co Mayo 4617; lands: Raferagh; Co Monaghan to the north of Craddockstown Road 14389F; lands: townland of Regd owner: Patrick O’Toole; folio: Regd owner: Kevin Minnock and Marion in the townland of Naas East, in the Clonconane and barony of North 21997F; lands: townland of Mullauns Minnock; folio: 8177F; lands: barony of Naas North, in the electoral Liberties; Co Limerick and barony of Tirawley; Co Mayo Kildangan and barony of Ballycowan; division of Naas Urban; Co Kildare Regd owner: Laurence Fyfe; folio: Regd owner: Ciaran Hallinan and Co Offaly Regd owner: Michael Allen and Margaret 10705F; lands: townland of Christine Browne, 35 Supple Park, Regd owner: Thomas Murphy and Allen of Derryoughter East, Castlegarde and barony of Coonagh; Dunshaughlin, Co Meath; folio: Sinead McLoughlin; folio: 14315F; Kildangan, Co Kildare; folio: 23620F; Co Limerick 30678F; lands: Dunshaughlin; Co lands: Rathcobian and barony of lands: townland of Derryoughter East Regd owner: Michael O’Brien; folio: Meath Warrenstown; Co Offaly and barony of Offaly West; Co 5264L; lands: parish of St Patrick’s, Regd owner: Brian Mervyn Clarke, Regd owner: Mary Lavin Guihen and Kildare electoral division of Singland A; Co Suncroft, Derver, Kells, Co Meath; Kieran Guihen; folio: 9742F; lands: Regd owner: John Cooke; folio: 12868; Limerick folio: 26163F; lands: Derver; Co townland of Greagh and barony of lands: Shankill and barony of Gowran; Regd owner: Edmond Fraher and Meath Boyle; area: 0.3601 hectares; Co Co Kilkenny Kathleen Fraher; folio: 3968F; lands: Regd owner: John Donohoe and Deirdre Roscommon Regd owner: Michael McGrath and townland of Brackyle and barony of Wright, Cannon Row, Navan, Co Regd owner: Patrick Carlos; folio: Bridget McGrath; folio: 709F; lands: Coonagh; Co Limerick Meath; folio: 41210F; lands: RN429; lands: townland of Rooaun Castlegarden, Kilfane East, Regd owner: Oliver Caffrey and Rathcoon; Co Meath and barony of Ballintober North; area: Sugarstown, and barony of Gowran; Rosemary Caffrey, Old Golf Links Regd owner: James Fagan, Clondoogan, 1.113 hectares; Co Roscommon Co Kilkenny Road, Blackrock, Dundalk, Co Louth; Summerhill, Co Meath; folio: 174; Regd owner: Catherine Coyle; folio: Regd owner: Patrick Minogue; folio: folio: 12206; lands: Haggardstown, lands: Clondoogan; Co Meath 6408F; lands: townland of Bredagh 6482; lands: Ballylarkin and barony of Co Louth Regd owner: Cormac Keating and Lisa (ED Rockhill) and barony of Athlone

www.lawsociety.ie 73 for- late of late of late of 30 late of 31 late of 18 late of 274 merly of 86 Ludford Drive, Ballinteer, Dublin 16 and 56 Mary Street, Dublin 1. are acting in the administration of the We estate of the late Edward McLoughlin, are who died on 25 April 2007. We presently in the process of trying to locate any will the deceased may have made. Please contact David Doyle of Doyle Associates, Solicitors, Main Street, Rathfarnham at tel: 01 490 6577 or email: [email protected] with any information you have pertaining to same Martin, Roderick (deceased), Park, Naas, Co Kildare, who died Aylmer any person on 27 January 2007. Would having knowledge of the whereabouts of any will made by Roderick Martin please contact O’Brien Ronayne, Solicitors, The Stonehouse, Old Blessington Road, Dublin 24; tel: 01 462 1160, fax: Tallaght, 01 462 1113 Morgan, Joan (deceased), Sundrive Road, Crumlin, Dublin 12. any person having knowledge of Would the whereabouts of any will made by the above-named deceased, who died on 29 October 2006, please contact John Nolan & Co, Solicitors, 11 Parliament Street, Dublin 2; tel: 01 677 0743, fax: 01 679 8420, email: [email protected] O’Gorman, Martin (deceased), Co Cork, North Main Street, Youghal, Co with previous addresses in Mallow, any person having any Cork. Would knowledge of the whereabouts of a will made by the above-named deceased, who died on 4 November 2006 at St Patrick’s Road, Cork, please Hospital, Wellington Butler contact Paddy Cadell, solicitor, Solicitors, Cunningham & Moloney, Fairview, Graignamanagh, Co Kilkenny. Fairview, knowledge of any person with any Would a will executed by the above-named deceased, who died on 10 February 1991, please contact O’Shea Russell Solicitors, Main Street, Graignamanagh, Co Kilkenny Peter (deceased), Lynch, Co Lane, Arklow, Upper Condren’s any person having Would Wicklow. knowledge of the whereabouts of a will made by the above-named deceased, who died on 25 February 1995, please contact Richard Cooke & Co, Solicitors, Co Wicklow Road, Arklow, Wexford McKenna, James Joseph (otherwise known as Jamesie) (deceased), any Navan, Co Meath. Would Kilberry, person having knowledge of a will execut- ed by the above-named deceased, who died on 25 May 2007, please contact Audrey Kavanagh, Gillstown, Kells Road, Co Meath; tel: 046 943 2031/086 Athboy, 325 4176, or email: lauramckenna@eir- com.net McLoughlin, Edward (deceased), Moorestown Park, Swords, Co Dublin Moorestown Park, Swords, Co and formerly of Emlagh, Louisburgh, knowl- any person having Mayo. Would above-named edge of a will made by the May 2007, deceased, who died on 15 & Son, please contact Oliver P Morahan Co Solicitors, James Street, Westport, 098 26084, Mayo; tel: 098 25075, fax: email: [email protected] Holden, John (deceased), Co late of late of late of 87 late of 89 (company Would any per- Would late of 15 Margaret late of 2 Walshtown, Kiltimagh, late of 2 Walshtown, Castle Park, Arklow, Co Wicklow, sit- Co Wicklow, Castle Park, Arklow, in the uate to the south of Main Street divi- barony of Arklow in the electoral sion of Arklow no 1 Urban; Wicklow Brophy, Margaret (née St John) (oth- Margaret Brophy, erwise Margaret Ryan). will made by son having knowledge of a late of the above-named deceased, Glengoole, Thurles, Co Tipperary. Replies to Butler Cunningham & Mol- Solicitors, Thurles, Co Tipperary; ony, tel: 0504 21857, fax: 0504 22230 Coates, John (deceased) director), late of 69 Lakelands, Naas, Co any person having knowl- Kildare. Would edge of a will made by the above-named deceased, who died on 22 April 2007, Solicitors, please contact Mullany, 29 Fitzwilliam Place, Dublin 2; tel: 01 662 0245, email: trevor@mullany solicitors.com Bridget (deceased), Conway, died Co Sligo, who Dowra, Ballygawley, any person hav- on 1 March 2007. Would ing knowledge of a will of the deceased please contact Johnson & Johnson, Solicitors, Ballymote, Co Sligo; ref: KVJ/MH/C003390002 Mary Kathleen Bridget (other- Corry, wise known as Mary Corry) (de- ceased), any person having Co Mayo. Would knowledge of a will made by the deceased, who died on 5 February 2006, please con- Solicitors, tact Gilmartin & Murphy, Main Street, Kiltimagh, Co Mayo; tel: 094 938 1204, fax: 094 938 1226 Dunne, John Raymond (otherwise Jim) (deceased), Ringsend, Dublin Place, off Bath Avenue, 4, retired journalist, who died on 25 June any person having knowl- 2007. Would edge of a will made by the above-men- tioned deceased please contact Fitzsimons Redmond, Solicitors, 18 Herbert Street, Dublin 2; tel: 01 676 3257, fax: 01 661 2448, email: kdunne@fitzsimonsred- mond.ie Raymond (deceased), Farmer, Pearse Brothers Park, Rathfarnham, Dublin 16 and also of Cashel, any Glencolumkille, Co Donegal. Would person having knowledge of a will made by the deceased, who died on 5 August & Buchalter, 2007, please contact Taylor Solicitors, 45/47 Cuffe Street, Dublin, 2; tel: 01 478 2966, fax: 01 478 2776 Farrell, Thomas (deceased), Mourne Road, Drimnagh, Dublin 12. any person having knowledge of Would the whereabouts of the will dated 23 May 1972, executed by the above-named deceased, who died on 25 July 2000, please contact Nelson & Co, Solicitors, tel: 01 Dublin 6W; Village, Templeogue 490 0159, fax: 01 490 4899 Gibbons, Thomas (deceased), Home, Leixlip, Co Nursing Ryevale Kildare and formerly of 50 Eaton Square, Dublin 6 and formerly of 3 Terenure, Co WILLS Co Co Wexford Co Wexford Co Wexford Co Wicklow Co Wexford Co Wexford Co Wexford Co Wicklow Co Wexford Co Wicklow Co Wicklow Co Wicklow lands: situate in the townland of Mary Dickenson of 48 Castle Street, folio: 6662F; Co Wicklow; Wicklow, lands: the parish of Killpoole, situate in the townland of Corporation Lands, known as 48 Castle Street, in in the barony of Arklow, Wicklow, the electoral division of Wicklow Urban; tor) of 21 Kilquade Hill, Kilquade, Co Jerrard of 21 and Elaine Wicklow Kilquade Hill, Kilquade, Co Wicklow; folio: 16741F; lands: townland of Kilquade and barony of Newcastle, shown as plan(s) 176, edged red on the registry map (OS map ref(s) 13/10); Co Wicklow House, Sandyford, Co Woodside Dublin; folio: 6480; lands: townland of Kindlestown Lower and barony of Rathdown, shown as plan(s) 14, 191, BE3V3; Bowden Cottages, Esplanade, Bray, parish folio: 9215; lands: Co Wicklow; of situate in the townland of Bray, Oldcourt in the barony of Rathdown in the electoral division of Kilmacanogue; Co Coleman, 70 Herbert Road, Bray, lands: town- folio: 2067F; Wicklow; land of Kilbride and barony of Rathdown shown as plan(s) 249, edged red on the registry map (OS map ref(s) 3568/22); 15029F; lands: Bridgetown South and barony of Bargy; 17332; lands: Whitehouse and barony 17332; lands: Whitehouse and of Forth; lands: Galvin; folio: 6948F; of Carrigmannon and barony Shelmaliere West; and folio: 14426F; lands: Dunbrody barony of Shelburne; Murphy; folio: 16985; lands: Murphy; folio: 16985; of Aughnagally and barony Ballaghkeen; Maire Sloane, Shancurragh, Coosan, Maire Sloane, folio: Westmeath; Athlone, Co Hillquarter; area: 0.431 10060F; lands: 0.235 hectares; hectares and Westmeath folio: 8299F; Theresa Coughlan; and barony of lands: Glaslacken Scarawalsh; of and barony lands: Yoletown Shelburne; Regd owner: John Moran; folio: 3888; Regd owner: William Dickenson and Regd owner: William Regd owner: Alan Keyes (company direc- Regd owner: Frank Lenehan of Regd owner: Jane Pauline Cleary of Regd owner: Joseph Coleman and Helen Regd owner: Jean O’Sullivan; folio: Regd owner: Nicholas Furlong; folio: Regd owner: Nicholas Furlong; and Lisa Regd owner: Liam Galvin Society Ltd; Regd owner: Glanbia Foods Regd owner: Patrick Murphy and Annie Regd owner: Patrick Murphy Regd owner: Richard Michael Sloane and Regd owner: Richard Patrick Coughlan and Regd owner: Egan; folio: 21140; Regd owner: Vincent Ashtown or Ballinafunshoge and More and barony of Ballinacor Togher North and county Wicklow; Wicklow Cole of Ballard, Kilbride, Wicklow; folio: 125; part of the townland of Ballinameesda Lower and barony of Arklow; James Street, Dublin 8; folio: 5823F; in the situate lands: parish of Arklow, townland of Abbeylands, known as Regd owner: William Cole and Samuel Cole Regd owner: William Regd owner: Eastern Health Board, 1 Co Co Co Co AUG/SEPT 2007 AUG/SEPT Co Tipperary Co Waterford Co Sligo Co Sligo Co Roscommon Co Sligo Co Roscommon Co Roscommon Co Westmeath Co Westmeath Co Tipperary Co Sligo Co Roscommon Westmeath folio: town, Killucan, Co Westmeath; 15884; lands: Riverstown and Higginstown; North, Strand, Walshestown folio: Co Westmeath; Mullingar, North; 12224F; lands: Walshestown Co Westmeath Co Streamstown, Mullingar, folio: 14009F; lands: Westmeath; Killeenboy; Cartrontroy, Athlone, Co Westmeath; Cartrontroy, folio: 666L; lands: Cartrontroy; Waterford O’Sullivan Mahony; folio: 16388F; lands: plot of ground situate in the townland of Callaghane and barony of Gaultiere in the county of Waterford; Co Waterford 1748 and 10763F; lands: plot of ground situate in the townlands of (1) (2) Rincrew and barony Bridgequarter, of Coshmore and Coshbride in the county of Waterford; folio: 9921; lands: plot of ground situ- in the ate in the townland of Windgap barony of Decies-without-Drum in the county of Waterford; lands: townland of Magowry and barony of Middlethird; 5443; lands: townland of Cloonty- procklis and barony of Carbury; area: 3.0098 hectares; 8976F; lands: townland of Pallas More and barony of Owney and Arra; Co Tipperary 2624F; lands: townland of Cloneygowny and barony of Owney and Arra; South; of Corramore 1985; lands: townland Athlone South; area: and barony of 1.2890 hectares; Roscommon 911; lands: townland of Carrownagilty of and Ummeryroe and barony Tirerrill; 22836; lands: townland of Cloonkee- barony) and laun and Carns (Tireragh barony of Tireragh; Sheila Smith; folio: 3678F; lands: and townland of Drumbeg West barony of Tirerrill; 6325; lands: townland of Termon and of Termon 6325; lands: townland barony of Boyle; Lecarrow, 6974F; lands: townland of and Carrowmore and Portobello barony of Frenchpark and Boyle; Roscommon Culliagh Culliagh; lands: townland of area: Beg and barony of Moycarn; 0.2954 hectares; Beg and lands: townland of Crannagh barony of Athlone South; Regd owner: Kathleen Glynn, Grattins- The Regd owner: Joseph C Leavy, Regd owner: Sean Slevin, Creeve, Regd owner: Helen Blom, 39 Hillcourt, Regd owner: Michael Mahony and Clara folio: Regd owner: Michael John Walsh; Regd owner: James Fitzgerald (deceased); Regd owner: Gerard Tobin; folio: 25459; Regd owner: Gerard Tobin; Regd owner: Michael J Woods; folio: Regd owner: Michael J Woods; Regd owner: Thomas Fogarty; folio: Regd owner: Mary O’Connor; folio: Regd owner: Patrick Cunningham; folio: Regd owner: Patrick folio: Regd owner: Margaret Convey; folio: Regd owner: James Hallinan; Regd owner: Edward Joseph Smith and Regd owner: Mary Anne Gallagher; folio: Regd owner: Mary Martha McKeon; folio: Regd owner: folio: Regd owner: Brendan Rigney; folio: 833F; Regd owner: Sean Walsh; www.lawsociety.ie LAW SOCIETY GAZETTE

PROFESSIONAL NOTICES 74 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE AUG/SEPT 2007

Main Street, Templemore, Co Tipperary; Dublin 6W; tel: 01 492 1111, fax: 01 492 Tyrrell, Thomas Senior (deceased), & Co, Solicitors, Dungloe, Co Donegal; tel: 0504 31122, fax: 0504 31635, email: 1348, email: [email protected] late of Patrick Street, Mullingar, Co tel: 074 952 1115; fax: 074 952 1628; [email protected] Westmeath. Would any person having email: [email protected] Quinn estates – attention solicitors in knowledge of a will made by the above O’Leary, Thomas (deceased), late of the areas of Ballygar, Mountbellew, deceased, who died on 4 May 2007 at St Taulaght, Fenit, Co Kerry. Any person Ballinasloe, Roscommon areas, re: Mary’s Hospital, Mullingar, Co TITLE DEEDS having knowledge of a will executed by administration of Quinn estates, Liscuill Westmeath, and formerly of Patrick the above-named deceased, who died on West and Creeveroe (Ffrench), Street, Mullingar, Co Westmeath, please 13 August 1968, please contact Wilkinson Newbridge, Ballinasloe, Co Galway: contact the Office of the General Bolger, Thomas Joseph (deceased), & Price Solicitors, Main Street, Naas, Co James Quinn, Creeveroe, Newbridge, Solicitor for Minors and Wards of Court, late of 1 South Dock Place, Ringsend, Kildare; tel: 045 897 551, fax: 045 876 478 Ballinasloe, Co Galway, who died 6 June Courts Service, 15-24 Phoenix Street Dublin 4. Would any person having 1937; Bridget Quinn, Liscuill West and North, Smithfield, Dublin 7. Reference: knowledge of the whereabouts of the O’Malley, Kathleen (deceased), late of Creeveroe, Newbridge, Ballinasloe, Co PH/1551; tel: 01 888 6231, fax: 01 872 original title documents relating to the 6 Glen Downs, Stradbally Road, Galway, who died 10 February 1977; 2681 above property please contact PJ Walsh Portlaoise, Co Laois, also of 6 Melrose Bridget Quinn, Creeveroe, Newbridge, & Co, Solicitors, 12 Upper Fitzwilliam House, Chantiere Gate, Portlaoise, Co Ballinasloe, Co Galway, who died 5 July Street, Dublin 2; tel: 01 661 1215 Laois and formerly of 162 James’s Street, 1987; Margaret Quinn, Liscuill West MISCELLANEOUS Dublin 8. Would any solicitor holding or and Creeveroe, Newbridge, Ballinasloe, Redmond, James/Costigan, Mary. having knowledge of a will made by the Co Galway, who died 16 May 2006; Would any person holding or knowing above-named deceased, who died on 13 Thomas Quinn, Liscuill West and Legal secretarial services – legal typing the whereabouts of the title deeds of the May 2007, please contact Tom O’Grady Creeveroe, Newbridge, Ballinasloe, Co service – tapes (all sizes) – copy typing – above-named persons, they being the BCL, solicitor, Market Square, Galway, who died 18 April 2003; Mary collection and delivery service available – registered owners since 1995 to Falmore Mountrath, Co Laois; tel: 057 873 2214, Jane Quinn, Creeveroe, Newbridge, typing for barristers – remote night-sec- House, Carndonagh, Co Donegal, email: [email protected] Ballinasloe, Co Galway, who died 31 retary typing service for busy solicitors’ described in folio 37023F of the register, October 1986. Would any person having practices. Contact: 01 885 6409, mobile: Co Donegal, please contact Mr E O’Reilly, Fr Páraic PP (deceased), late knowledge of the whereabouts of any will 085 744 2663, email: getscripty@hot- Johnston, Ballynarry, Buncrana, Co of Killanny, Carrickmacross, Co made by the above persons please contact mail.com. Box no: 80/07 Donegal; tel: 074 932 2628 Monaghan. Would any person having Joseph Brophy & Co, Solicitors, Patrick’s knowledge of a will made by the above- Court, Tullamore, Co Offaly; tel: 057 934 London solicitors will be pleased to In the matter of the Landlord and named deceased, who died on 10 March 1957 advise on UK matters and undertake Tenant Acts 1967-2005 and in the mat- 2007, please contact the office of Brendan agency work. We handle probate, litiga- ter of the Landlord and Tenant Larney & Co, Solicitors, at Farney Street, Strain, Vera (deceased), late of 5 Mercer tion, property and company/commercial. (Ground Rents) (No 2) Act 1978 and in Carrickmacross, Co Monaghan; tel: 042 House, Brennanstown, Dublin 18 (for- Parfitt Cresswell, 567/569 Fulham Road, the matter of an application by 966 3444, fax: 042 966 3445 merly of 27 Cambridge Terrace, Dun London SW6 1EU; DX 83800 Fulham Damien Torsney Laoghaire, Co Dublin), who died on 27 Broadway; tel: 0044 2073 818311, fax: Any person having a freehold estate or Quinn, Patrick (deceased), late of 57 July 2007. Would any person having 0044 2073 814044, email: arobbins@ any intermediate interest in all that and Sundrive Road, Crumlin, Dublin 12, who knowledge of the whereabouts of any will parfitts.co.uk those that plot or piece of ground known died on 2 March 1993. Would any person made by the above-named deceased as Unit 1, Greenhills Industrial Estate, having knowledge of the whereabouts of please contact Aidan T Stapleton & Co, Seven-day publican’s licence for Walkinstown, Dublin 12, the subject of a will executed by the above-named Solicitors, 38 Parliament Street, Dublin immediate sale. Full seven-day publi- an indenture of lease dated 31 August deceased please contact Madigans, 2; tel: 01 679 7939, fax: 01 679 2494, can’s licence. No endorsements. West 1973 between Walkinstown Estates Solicitors, 167 Lower Kimmage Road, email: [email protected] Donegal area. Offers: Patrick J Sweeney Limited of the one part and Beech

www.lawsociety.ie 75 . Landlord and Landlord and Landlord and in the mat- and in the mat- : an application and in the mat- Landlord and Tenant (Ground and Tenant Landlord (Ground and Tenant Landlord Take notice that Philip Craughwell, notice that Take being In default of any such notice notice that Philip Craughwell, Take In default of any such notice being Brophy of the one part and Michael Brophy of the Reilly of the other part Reilly and Patrick years from 29 September for a term of 99 of £27.25 per annum 1966 at a rent to acquire having entered into a contract premises, the leasehold interest in the said county intends to apply to the Dublin and any registrar to acquire the fee simple said proper- intermediate interests in the party asserting that they hold and any ty, prop- a superior interest in the aforesaid evidence of erty is called upon to furnish within title to same to the below named notice. 21 days from the date of this intends to received, Philip Craughwell before the proceed with the application of 21 days county registrar at the end will apply from the date of this notice and directions to the county registrar for such basis that as may be appropriate on the entitled the person or persons beneficially to the superior interests including the freehold reversion in each of the aforesaid premises are unknown or unascertained. Date: 7 September 2007 Signed: Hughes Murphy Marcus Lynch (solicitors for the applicant), 13 Wellington Dublin 2 Quay, In the matter of the Acts 1967-2005 Tenant ter of the Rents) (No 2) Act 1978 ter of an application by Philip Craughwell Any person having a freehold estate or any intermediate interest in all that and those the premises known as no 20 together with the small Stoneybatter, paddock at the rear thereof, being portion of the premises the subject of an inden- ture of lease dated 21 between May 1888 Mount Francis Baron the Hon William of the one part and John Keogh Temple of the other part for the term of 150 years from 25 March 1886 at a rent of £50 per annum. having entered into a contract to acquire the leasehold interest in the said premises, intends to apply to the Dublin county registrar to acquire the fee simple and any intermediate interests in the said proper- and any party asserting that they hold ty, a superior interest in the aforesaid prop- erty is called upon to furnish evidence of title to same to the below named within 21 days from the date of this notice. received, Philip Craughwell intends to proceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for such directions as may be appropriate on the basis that the person or persons beneficially entitled to the superior interests including the freehold reversion in each of the aforesaid premises are unknown or unascertained Date: 7 September 2007 Signed: Hughes Murphy Marcus Lynch (solicitors for the applicant), 13 Wellington Dublin 2 Quay, In the matter of the Acts 1967-2005 Tenant ter of the Rents) (No 2) Act 1978 by Sidney Lewis and Norma Lewis Any person having a freehold estate or any intermediate interest in all that and : Landlord and Landlord Landlord and Landlord and Landlord and in the mat- and in the mat- Landlord and Tenant (Ground and Tenant Landlord In default of any such notice being In default of Take notice that the applicant, T Take In default of any such notice being received, the applicants intend to proceed received, the applicants before the county with the application end of 21 days from the registrar at the and will apply to the date of this notice of the county county registrar for the city as may be of Dublin for such directions the person appropriate on the basis that to the or persons beneficially entitled the freehold superior interest including premises are reversion in the aforesaid unknown or unascertained. Date: 7 September 2007 for the Signed: Maples and Calder (solicitors Dublin 2 Green, applicants), 75 St Stephen’s In the matter of the Tenant (Ground Rents) Acts 1967-2005 Tenant and in the matter of the (Ground Rents) (No 2) Act 1978 Tenant & Sons an application by T Kiernan Limited an notice that any person having Take interest in the freehold estate of or any superior interest in the following proper- ty: all that and those part of the lands of Birches Farm and Salcockswood, togeth- er with the premises erected thereon, and known as Homestead, Quarry Road, Cabra in the parish of Grangegorman, barony of Coolock and county of the city of Dublin, held under an indenture of sub-sublease made 18 October 1946 (the sub-sublease) between Leonard Edward Ging, Patrick A McNally and Hubert McNally of the one part and Homestead Limited of the other part for the term of 500 years from 16 October 1946, subject to the yearly rent of £43 thereby reserved and the covenants on the part of the les- see and the conditions in the sub-sublease contained. Kiernan & Sons Limited, intends to sub- mit an application to the county registrar for the county of the city of Dublin for the acquisition of the freehold interest and any superior interests in the aforesaid premises, and any party asserting that they hold a superior interest in the afore- said premises are called upon to furnish evidence of title to the aforesaid premises to the below named within 21 days from the date of this notice. received, the applicant intends to proceed with the application before the county registrar for the county of the city of Dublin for directions as may be appropri- ate on the basis that the person or persons beneficially entitled to the superior inter- ests including the freehold reversion in the premises aforesaid are unknown or unascertained. Date: 7 September 2007 the O’Shea (solicitors for Signed: Gerard applicant), Meridian House, 13 Warrington Place, Dublin 2 In the matter of the Acts 1967-2005 Tenant ter of the Rents) (No 2) Act 1978 ter of an application by Philip Craughwell Any person having a freehold estate or any intermediate interest in all that and those the premises known as 12 and 12A Manor Street, situate on the east side of Manor Street in the parish of Grangegorman and city of Dublin, the subject of an indenture of sublease dated 14 September 1989 between Bernadette , Landlord Landlord and Landlord and in the mat- and in the mat- Landlord and Tenant (Ground and Tenant Landlord Take notice that any party asserting to notice that any party asserting Take In default of any such notice being Take notice that the applicants, Dr Bill Take a yearly rent of £35 and to the covenants a yearly rent of £35 and to the and conditions contained therein. hold a superior interest in the aforesaid premises are called upon to furnish evi- dence of the title to the aforementioned premises to the below named within 21 days from the date of this notice. received, the applicants intend to proceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the county and city of Dublin for such directions as may be appropriate on the basis that the persons beneficially entitled to the superior inter- est including the freehold reversion in the aforesaid premises are unknown or ascer- tained. Date: 7 September 2007 Signed: Killilea Reynolds & Whelan (solicitors for the applicants), 201 North Circular Road, Dublin 7 In the matter of the Tenant Acts 1967-1994 Tenant ter of the Rents) (No 2) Act 1978 ter of premises known as 43b Chamber Street, Dublin 8 notice that any person having any Take interest in the freehold estate of the fol- lowing property: all that and those the hereditaments and premises known as number 43b Chamber Street in the parish of St Catherine and city of Dublin, held under an indenture of lease dated 22 September 1965 and made between Abraham Lipschitz of the one part and Whitecross Agency Group Limited of the other part for a term of 250 years from 1 April 1965 at a yearly rent of £8 and sub- ject to the covenants and conditions therein contained. Ciaran Conor Twomey, Twomey, Lorcan Barry Twomey, Twomey, Miriam Siobhan Trainor, Twomey, and Bronagh Sparrow (the Twomey applicants), being the persons entitled under sections 9 and 10 of the Rents) (No 2) Act 1978 (Ground and Tenant intend to submit an application to the county registrar for the city of the county of Dublin for the acquisition of the free- hold interest and any intermediate inter- and any ests in the aforesaid property, party asserting that they hold a superior interest in the aforesaid premises are called upon to furnish evidence of the title to the aforementioned premises to the below within 21 days of this notice. KILKENNY REPLIES TO: AUG/SEPT 2007 AUG/SEPT Landlord and Landlord Phone: 056-7721063 career opportunities. Email: [email protected] join their existing team. join their existing and in the matter of an Require solicitors to experienced litigation Poe Kiely Hogan, Solicitors Hogan, Poe Kiely with appropriate litigation. experience in general Take notice that Damien Torsney, Take In default of any such notice being notice that the applicants intend Take Eugene O'Sullivan, Poe Kiely Hogan, 21 Patrick Street,Eugene O'Sullivan, Poe Kiely Kilkenny The candidates should be well motivated and team players, should be well motivated The candidates Property Company of the other part, Property Company of the Greenhills whereby certain premises at Dublin Industrial Estate, Walkinstown, 12, including but not confined to lands registered in folio 75256L, Co Dublin, were leased to Beech Property Company for a term of 480 years from 1 November 1972 at a rent of £100 per annum. being the person currently entitled to the interest under the said lease, lessee’s intends to apply to the county registrar for the county/city of Dublin for the acquisition of the freehold interest and all intermediate interests in the aforesaid and any party asserting that they property, hold a superior interest in the aforesaid property are called upon to furnish evi- dence of title to same to the below named within 21 days from the date of this notice. intends to pro- received, Damien Torsney ceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to county registrar for the county of Dublin for directions as may be appropri- ate on the basis that the person or persons beneficially entitled to the superior inter- ests including the freehold reversion in the aforesaid premises are unknown or unascertained. Date: 7 September 2007 Signed: Mangan O’Beirne (solicitors for the Road, Dublin 4 applicant), 31 Morehampton In the matter of the Rents) Act 1967-1994 (Ground Tenant as amended and in the matter of the (Ground Rents) and Tenant Landlord (No 2) Act 1978 application under section 17 of the and TenantLandlord (Ground Rents) Acts 1967 Description of the property: all that and those the plot of ground with dwelling house or tenement thereon, being part of the lands at 199 Kimmage Road West, in the city of Dublin: an appli- Terenure Carroll and Teresa cation by Terence Carroll. to submit an application to the county registrar for the county of the city of Dublin for acquisition of the freehold held interest in the aforesaid property, under indenture of lease dated 9 July 1897 and made between James Valentine Nolan as lessor of the one part and Edmund Smith of the other part, which lease commenced on 1 May 1897 and was demised for a term of 200 years, subject to The role offers a balance between quality of life and excellent www.lawsociety.ie LAW SOCIETY GAZETTE

PROFESSIONAL NOTICES 76 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE AUG/SEPT 2007

those the property known as number 1 with the application before the county assignor and John Kilbane, son of said Manor Street and comprising 1a, 1b and registrar at the end of 21 days from the assignor, respectively held by the assignor START YOUR 1c Manor Street in the city of Dublin, date of this notice and will apply to the from the said representatives of Mary held under an indenture of sublease dated county registrar for the county of the city Emily Todd Pike aforesaid and, secondly, OWN PRACTICE 5 March 1974, made between Bernadette of Dublin for directions as may be appro- all that and those that plot of land with Brophy, Evelyn McAuley and Mary Clare priate on the basis that the persons bene- the buildings thereon immediately on the Thinking of (otherwise Claire) Beattie of the one part ficially entitled to the superior interest west adjoining the premises firstly herein- and Michael Connolly of the other part including the freehold reversion in the before mentioned and as held by assignor establishing your for a term of 99 years from 29 September aforesaid premises are unknown or from the said representatives of Mary own legal practice? 1966 at the yearly rent of £25. unascertained. Emily Todd Pike as aforesaid. Take notice that Sidney Lewis and Date: 7 September 2007 Take notice that the applicant, Maura Talk to us about exciting Norma Lewis, being the persons current- Signed: Kilcullen & Associates (solicitors for Needham, being a person entitled under ly entitled to the lessees’ interest in the the applicants), 30 Ardagh Grove, Blackrock, sections 9 and 10 of the Landlord and practice opportunities said premises, intend to apply to the Co Dublin Tenant (Ground Rents) (Number 2) Act currently available county registrar for the city of Dublin for 1978, intends to submit an application to nationwide the acquisition of the freehold interest In the matter of the Landlord and the county registrar for the county of and all intermediate interests in the afore- Tenant Acts 1967-1994 and in the mat- Mayo for the acquisition of the freehold • minimum investment said premises, and any party asserting that ter of an application by Arthur Molloy interest and any intermediate interests in • minimum risk they hold a superior interest in the afore- of Ardcarrick, Carrickhill Road, the aforesaid property, and any party Enquiries to box 81/07 or said premises (or any of them) are called Portmarnock, Co Dublin (hereinafter asserting that they hold a superior inter- upon to furnish evidence of title to same called the applicant) est in the aforesaid premises or any of email: [email protected] to the below named within 21 days from Take notice that any person having any them are called upon to furnish evidence the date of this notice. interest in the freehold estate of the fol- of title to or the aforementioned premis- In default of any such notice being lowing property: all that and those part of es to the below within 21 days from the received, Sidney Lewis and Norma Lewis the lands of Elphin with the house and date of this notice. intend to proceed with the application premises erected thereon, situate in the In default of any such notice being TD Fitzpatrick before the county registrar at the end of parish of Elphin barony and county of received, Maura Needham intends to 21 days from the date of this notice and Roscommon, as described in an indenture proceed with the application before the will apply to the county registrar for the of assignment dated 24 December 1957 county registrar at the end of 21 days CERTIFIED PUBLIC city of Dublin for such directions as may and made between Luke Dolan of the one from the date of this notice and will apply ACCOUNTANTS & be appropriate on the basis that the per- part and Gerald Collins of the other part. to the county registrar for the county of REGISTERED son or persons beneficially entitled to the Take notice that the applicant intends Mayo for such directions as may be superior interest including the freehold to submit an application to the county appropriate on the basis that the person AUDITORS reversion in the aforesaid premises are registrar for the county of Roscommon or persons beneficially entitled to the unknown or unascertained. for the acquisition of the freehold interest superior interest including the freehold Date: 7 September 2007 in the aforesaid property, and any party reversion in the aforesaid premises are Specialists in Solicitor Signed: Taylor & Buchalter (solicitors for the asserting that they hold a superior inter- unknown or and or on ascertained. Bookkeeping and applicants), Greenside House, 45/47 Cuffe est in the aforesaid premises (or any of Date: 7 September 2007 Accountants Reports Street, Dublin 2 them) are called upon to furnish evidence Signed: Patrick J Durcan & Co (solicitors for of title to the aforementioned premises to the applicant), James Street, Westport, Co In the matter of the Landlord and the below named within 21 days from the Mayo For Enquiries regarding Tenant Acts 1967-1994 as amended date of this notice. our Solicitor services, and in the matter of the Landlord and In default of any such notice being In the matter of the Landlord and Tenant (Ground Rents) (No 2) Act 1978 received, the applicant intends to proceed Tenant Acts 1967-2005 and in the mat- please contact us at: and in the matter of an application with the application before the county ter of the Landlord and Tenant 7 Argus House, under section 17 of the Landlord and registrar at the end of 21 days from the (Ground Rents) (No 2) Act 1978 and in Greenmount Office Park, Tenant (Ground Rents) Act 1967 date of this notice and will apply to the the matter of an application by Joseph Description of the property: all that and county registrar for the county of Gavin and Derek Dunne of 27 Grand Harold’s Cross, those the plot of land with dwelling house Roscommon for directions as may be Parade in the city of Cork Dublin 6W. or tenement thereon being part of the appropriate on the basis that the person Take notice any person having interest in lands of Kerrymount in the barony of or persons beneficially entitled to the the freehold estate of the following prop- Rathdown in the county of Dublin and superior interest including the freehold erty: 5 Ardcairn Cottages, Churchyard Phone: 01 4737455 now known as Laurel Lodge, reversion in each of the aforesaid premis- Lane, in the city of Cork. Take notice that Email: [email protected] Kerrymount Avenue, Foxrock, Dublin es are unknown or unascertained. Joseph Gavin and Derek Dunne intend to 18: an application by Peter Lynch and Date: 7 September 2007 submit an application to the county regis- Teresa Rio Lynch. Signed: CE Callan & Co (solicitors for the trar for the county of Cork for the acqui- Take notice that the applicants intend applicant), Crescent House, Boyle, Co sition of the freehold interest and all the freehold in each of the aforesaid to submit an application to the county Roscommon superior interests in the aforementioned premises are unknown or unascertained. registrar for the county of the city of property, and any party asserting that Date: 7 September 2007 Dublin for acquisition of the freehold In the matter of the Landlord and they hold a superior interest in the afore- Signed: Edward O’Mahony & Co (solicitors interest in the aforesaid property, held Tenant Acts 1967-1994 and in the mat- said property are called upon to furnish for the applicants), 22 Tuckey Street, Cork pursuant to a fee farm grant dated 29 ter of sections 9 and 10 of the Landlord evidence of title to the aforementioned December 1961 and made between the and Tenant (Ground Rents) (No 2) Act premises to the below named. In the matter of the Landlord and Joyce Housing Society Limited as 1978 and in the matter of sections 8 In particular, such persons or person Tenant (No 2) Acts 1967-1994 and the grantor of the one part and John J Smith and 17 of the Landlord and Tenant who are entitled to the interest of Landlord and Tenant (Ground Rents) of the other part, with the full benefit of (Ground Rents) Act 1967 and in the Christopher John Keays, deceased, pur- (No 3) Act 1978 all matters and things accepted and matter of an application by Maura suant to a lease of 13 April 1841 between Take notice that any person having an reserved to the grantors, and also held Needham and in the matter of premis- Christopher John Keays and Philip Barry interest in the freehold estate in the prop- pursuant to the fee farm grant of ease- es at Achill Sound, townland of for a term of 200 years from 29 erty known as 8 Charleville Avenue, ments dated 29 December 1961 and Sraheens, barony of Burrishoole and September 1839 in lands described as two North Strand, in the city of Dublin, the made between the Joyce Housing Society county of Mayo lots of ground being part of Marble Hill, subject of an indenture of lease dated 22 Limited of the one part and John J Smith Take notice that any person having any situate in the South East Liberties of the February 1900 and made between Robert of the second part and Toirleach de Valera interest in the freehold estate or other city of Cork, should provide evidence of Barker of the one part and John Smyth of the third part. superior interest in the following premis- their title to the below named. and Charles Smyth of the other part for a Take notice that any party asserting es: all that and those the premises firstly In default of any such notice being term of 150 years from 1 November that they hold a superior interest in the and secondly hereinbefore described, that received, the applicants, Joseph Gavin 1899, subject to then yearly rent of £8. aforesaid premises are called upon to fur- is to say the plot of land situate in the and Derek Dunne, intend to proceed Take notice that Albert Glynn and nish evidence of the title to the aforemen- townland of Sraheens in the barony of with the application before the county Bernadette Glynn, being the persons cur- tioned premises to the below named Burrishoole and county of Mayo, con- registrar and will apply to the county reg- rently entitled to the lessee’s interest within 21 days from the date of this taining in the whole one rood and 20 istrar for the county of Cork for direc- under the said lease, intend to apply to notice. perches statute measure, together with tions as may be appropriate on the basis the county registrar of the county and city In default of any such notice being the two dwellinghouses and out-offices that the person or persons beneficially of Dublin for the acquisition of the free- received, the applicants intend to proceed thereon, as now in the occupation of the entitled to the superior interest including hold interest and all intermediate inter-

www.lawsociety.ie 77 1978 Landlord and Landlord Landlord and Landlord Take notice that the applicant, John notice that the applicant, Take In default of any such notice being notice that the applicant, John Take Dublin 1 person having any notice that any Take freehold estate of or any interest in the interest in the superior or intermediate and premises situate at 40 hereditaments known Hill Street, Dublin 1, previously Georges as 36a and 36b North Great are held by Street (which said premises of lease the applicant under indenture Alexander dated 29 April 1784 between Archdall, Nixon, Sarah Archdall, Robert Archdall, Richard Archdall, Nicholas Byrne, Edward Archdall, James Jonathan Catherine Byrne, Reverend the one part Bruce and James Dalbiac of other part) and Hampden Evans of the the under- between should give notice to signed solicitors. of Orrwear Limited, on behalf Kelly, registrar intends to apply to the county the acquisi- for the county of Dublin for tion of the freehold interest and all inter- mediate interests in the above-men- and any party asserting tioned property, that they hold an interest superior to the applicant in the aforesaid property is called upon to furnish evidence of title to solicitors with- same to the under-named in 21 days from the date hereof. received, the applicant intends to pro- ceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the city of Dublin for such directions as may be appropriate on the basis that the person or persons beneficially entitled to any such superior interest, including the free- hold reversion, in the aforesaid property are unknown or unascertained. Date: 7 September 2007 Signed: Thomas Byrne & Company (solici- tors for the applicant), Unit 4, 78 Dublin Road, Walkinstown, Walkinstown 12 In the matter of the (Ground Rents) Acts 1967-2004 Tenant and in the matter of the (Ground Rents) (No 2) Act Tenant and the matter of premises situate at 41 Hill Street, Dublin 1: an applica- tion by John Kelly of ‘Huntersmoon’, on behalf of Kilquade, Co Wicklow, Orrwear Limited of 40-42 Hill Street, Dublin 1 notice that any person having any Take interest in the freehold estate of or any superior or intermediate interest in the hereditaments and premises situate at 41 Hill Street, Dublin 1 (which said premis- es are held by the applicant under inden- ture of lease dated 14 December 1773 between Sarah Archdall, Luke Sterling, Alexander Nixon, Richard Hall and Samuel Baker of the one part and Thomas Oldham of the other part) should give notice to the undersigned solicitors. on behalf of Orrwear Limited, Kelly, intends to apply to the county registrar for the county of Dublin for the acquisi- tion of the freehold interest and all inter- mediate interests in the above-men- and any party asserting tioned property, that they hold an interest superior to the applicant in the aforesaid property is called upon to furnish evidence of title to solicitors with- same to the under-named in 21 days from the date hereof. and in Landlord and Landlord Landlord and Landlord Landlord and Landlord and in the mat- Landlord and Tenant Landlord Take notice that Leslie Young intends notice that Leslie Young Take In default of any such notice being In default of any such notice being In default of ter of the (Ground Rents) (No 2) Act 1978 the matter of an application by Leslie and in the matter of the prop- Young Main Street erty known as Youngs, Park, and corner of St Patrick’s Celbridge, county of Kildare noticeTake that any person having an interest in the freehold estate or any intermediate interests of the property Main Street and cor- known as Youngs, Park, Celbridge, Co ner of St Patrick’s Kildare, held under an indenture of lease made 13 June 1822 between Matthew Dignum of the one part and James Rourke of the other part (hereinafter ‘the lease’) for a term of lives and for a con- secutive term of 199 years from date of death of the survivor of the lives named in the said lease, at the annual rent of £5.5s.0d sterling and subject to the covenants and conditions therein con- tained. to submit an application to the county registrar for the county of Kildare at The Courthouse, Naas, in the county of Kildare, for the acquisition of the free- hold interest and all intermediate inter- ests in the aforesaid property and that any party asserting that they hold the fee sim- ple or any intermediate interest in the aforesaid property are called upon to fur- nish evidence of title to the said property to the below-named solicitors within 21 days from the date of this notice. intends to proceed received, Leslie Young with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the city of Dublin for directions as may be appropriate that the person or persons beneficially entitled to the intermediate interests, including the fee simple, in the aforesaid property are unknown or unascertained. Date: 7 September 2007 & Co (solici- Signed: Messrs James V Tighe tors for the applicant), Main Street, Celbridge, Co Kildare In the matter of the Rents) Acts 1967-2004 (Ground Tenant and in the matter of the Rents) (No 2) Act 1978 (Ground Tenant and in the matter of premises situate at 40 Hill Street, Dublin 1: an applica- tion by John Kelly of ‘Huntersmoon’, on behalf of Kilquade, Co Wicklow, Orrwear Limited of 40-42 Hill Street, received, the applicant, Patrick received, the with the intends to proceed O’Connor, the county registrar at application before days from the date of this the end of 21 simple inter- notice to vest in him the fee if any est and all intermediary interests, out above such exist, in the property set registrar for and will apply to the county as may the county of Cork for directions that the per- be appropriate on the basis to the son or persons beneficially entitled the freehold superior interest, including aforesaid are reversion, in the property unknown or unascertained Date: 7 September 2007 Signed: Mary T Ronayne (solicitors for the Shandon, applicant), The Brewery, Dungarvan, Co Waterford In the matter of the Acts 1967-1994 Tenant : an : an appli- and in the and in the Landlord and Landlord and Landlord Landlord and Tenant and Landlord and Tenant Landlord ent of £10 ( 12.70). Take notice that Marius Catering Take In default of any such notice being Take notice that Patrick O’Connor of Take appropriate on the basis that the person appropriate on entitled to the or persons beneficially including the fee simple superior interest property are unknown in the aforesaid and unascertained. Date: 7 September 2007 Signed: Matheson Ormsby (solici- Prentice Sir John tors for the applicant), 70 Dublin 2 Quay, Rogerson’s In the matter of the Acts 1967-1994 Tenant matter of the 1978 (Ground Rents) (No 2) Act Catering application by Marius Limited inter- notice any person having any Take following est in the freehold estate of the Road properties: 105 and 107 Terenure North, Dublin 6W. application Limited intends to submit an to the registrar of titles for the county/city of Dublin for the acquisition of the freehold interest in the aforesaid properties, and any party asserting that they hold a superior interest in the afore- said premises (or any of them) are called upon to furnish evidence of title to the aforementioned premises to the below named within 21 days from the date of this notice. received, Marius Catering Limited intends to proceed with the application before the registrar of titles at the end of 21 days from the date of this notice and will apply to the registrar of titles for the county/city of Dublin for vesting on arbitration as may be appropriate on the basis that the person or persons benefi- cially entitled to the superior interest including the freehold reversion in each of the aforesaid premises are unknown or unascertained. Date: 7 September 2007 Signed: Crowley Millar (solicitors for the Dublin applicant), 15 Lower Mount Street, 2 In the matter of the Acts 1967-2005 Tenant matter of the (Ground Rents) (No 2) 1978 cation by Patrick O’Connor notice that any person having an Take interest in the freehold estate of or any superior interest in the property situated at Grattan Street in the town of Youghal barony of in the parish of St Mary, Imokilly and county of Cork, being a portion of the hereditaments and prem- ises comprised in the demised fine indenture of lease made 16 September 1913 and made between Justin Condon, of the one part and Jane Adelaide lessor, Blackwood, lessee, of the other part for a term of 99 years from 25 March 1913 for the yearly r 49 North Main Street, Youghal, Co 49 North Main Street, Youghal, Cork, being the person entitled under part 2 of the 1978 act, intends to submit an application to the county registrar for the county of Cork for the acquisition of the freehold and any intermediate inter- and any est in the aforesaid property, party or parties asserting that they hold a superior interest in the aforesaid proper- ty are called upon to furnish evidence of title in the aforementioned property to the party named below within 21 days from the day of this notice. and in AUG/SEPT 2007 AUG/SEPT 250K and in the € Landlord and Landlord 1M € Landlord and Tenant Landlord and Outsource amalgamate 01 6788 490 PRACTICE looking to acquire/ firm, centre Dublin city Contact: David Rowe at turnover between with firms with an annual Established medium-sized Established [email protected] In default of any such notice being notice that the applicant, Take In default of any such notice being Looking to Expand Looking DUBLIN SOLICITORS ests in the aforesaid property, and any ests in the aforesaid property, party asserting that they hold a superior interest in the aforesaid property is called upon to furnish evidence of title to same to Hunter & Company Solicitors (solicitors for the applicants) within 21 days from this notice. received, the applicant intends to pro- ceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the city of Dublin for such directions as may be appropriate on the basis that the person or persons beneficially entitled to any such superior interest including the free- hold reversion in the aforesaid property are unknown or unascertained. Date: 7 September 2007 Signed: Hunter & Co Solicitors (solicitors for the applicant), Olympia House, 61-63 Dublin 2 Dame Street, In the matter of the Acts 1967-1994 Tenant matter of the (Ground Rents) (No 2) Act 1978 the matter of 65 O’Connell Street, Dublin 1: an application by Danske Bank A/S notice that any person having an Take interest in the freehold estate or in any superior interest in the property known as 65 Upper O’Connell Street, Dublin 1, being the property comprised in a lease dated 4 October 1860 from John Rose to William Byrne and Benjamin Tilly Thomas Thomson, trustee for and on behalf of the Colonial Insurance Company. Danske Bank A/S, intends to submit an application to the county registrar for the city of Dublin at Áras Uí Dhálaigh, Dublin 7, for the acquisition Inns Quay, of the fee simple interest in the aforesaid property and that any party asserting that they hold a superior interest in the aforesaid property are called upon to furnish evidence of title to the below named within 21 days from the date of this notice. received, Danske Bank A/S intends to proceed with the application before the said county registrar at the end of 21 days from the date of this notice and will apply to said county registrar for the city of Dublin for such directions as may be www.lawsociety.ie LAW SOCIETY GAZETTE

PROFESSIONAL NOTICES 78 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE AUG/SEPT 2007

In default of any such notice being date of this notice and will apply to the received, the applicant intends to proceed county registrar for the city of Dublin for NOTICE TO THOSE PLACING with the application before the county such directions as may be appropriate on registrar at the end of 21 days from the the basis that the person or persons ben- RECRUITMENT ADVERTISEMENTS IN THE date of this notice and will apply to the eficially entitled to any such superior LAW SOCIETY GAZETTE county registrar for the city of Dublin for interest, including the freehold reversion, Please note that, as and from the August/September 2006 issue such directions as may be appropriate on in the aforesaid property are unknown or of the Law Society Gazette, NO recruitment advertisements will the basis that the person or persons ben- unascertained. eficially entitled to any such superior Date: 7 September 2007 be published that include references to years of post- interest, including the freehold reversion, Signed: Thomas Byrne & Company (solicitors qualification experience (PQE). in the aforesaid property are unknown or for the applicant), Unit 4, 78 Walkinstown The Gazette Editorial Board has taken this decision based on unascertained. Road, Walkinstown, Dublin 12 legal advice, which indicates that such references may be in Date: 7 September 2007 Signed: Thomas Byrne & Company (solicitors In the matter of the Landlord and breach of the Employment Equality Acts 1998 and 2004. for the applicant), Unit 4, 78 Walkinstown Tenant Acts 1967-1994 and in the mat- Road, Walkinstown, Dublin 12 ter of the Landlord and Tenant (Ground Rents) (No 2) Act 1978 and in of the aforesaid premises are unknown or property, and any party or parties assert- In the matter of the Landlord and the matter of all that and those the unascertained. ing that they hold a superior interest in Tenant (Ground Rents) Acts 1967-2004 property known as 74 North Circular Date: 7 September 2007 the aforesaid property are called upon to and in the matter of the Landlord and Road, including the mews premises to Signed: HJ Ward & Co (solicitor for the furnish evidence of title in the aforemen- Tenant (Ground Rents) (No 2) Act 1978 the rear of no 74 North Circular Road, applicant), 5 Greenmount House, Harolds tioned property to the below named and the matter of premises situate at situate in the parish of Grangegorman Cross Road, Dublin 6W within 21 days from the date of this 42 Hill Street, Dublin 1: an application and city of Dublin notice. by John Kelly of ‘Huntersmoon’, Take notice that any person having any In the matter of the Landlord and In default of any such notice being Kilquade, Co Wicklow, on behalf of interest in the freehold estate of the fol- Tenant Acts 1967-2005 and in the mat- received, Timothy O’Driscoll, Daniel Orrwear Limited of 40-42 Hill Street, lowing property: all that and those the ter of the Landlord and Tenant O’Connell and Martin Twomey intend to Dublin 1 property known as 74 North Circular (Ground Rents) (No 2) Act 1978 and in proceed with the application before the Take notice that any person having any Road, including the mews premises to the the matter of an application by county registrar at the end of 21 days interest in the freehold estate of or any rear of no 74 North Circular Road, situ- Timothy O’Driscoll, Daniel from the date of this notice and will apply superior or intermediate interest in the ate in the parish of Grangegorman and O’Connell and Martin Twomey to the county registrar for the city of hereditaments and premises situate at 42 city of Dublin. Take notice that any person having an Cork for directions as may be appropriate Hill Street, Dublin 1 (which said premis- Take notice that Garrett Cooke of 6 interest in the freehold estate or any on the basis that the person or persons es are held by the applicant under inden- Holmeleigh, Porterstown, Dublin 15, superior interest in the property known beneficially entitled to the superior inter- ture of lease dated 16 June 1785 between intends to submit an application to the as all that and those the hereditaments est including the freehold reversion to the Francis Ryan of the one part and John county registrar for the county of the city and premises known as 376A Blarney aforementioned property are unknown or Moore of the other part) should give of Dublin for acquisition of the freehold Street in the parish of Saint Mary unascertained. notice to the undersigned solicitors. interest in the aforesaid properties, and Shandon city of Cork, being portion of Date: 7 September 2007 Take notice that the applicant, John any party asserting that they hold a supe- the hereditaments and premises com- Signed: HV O’Donoghue (solicitors for the Kelly, on behalf of Orrwear Limited, rior interest in the aforesaid premises are prised in and demised by an indenture of applicants), 8 South Mall, Cork intends to apply to the county registrar called upon to furnish evidence of the surrender and lease dated 28 April 1937 for the county of Dublin for the acquisi- title to the aforementioned premises to made between Harry Franks of the one tion of the freehold interest and all inter- the below named within 21 days from the part and Elizabeth Murphy of the other RECRUITMENT mediate interests in the above-mentioned date of this notice. part, held for the term of 100 years from property, and any party asserting that In default of any such notice being 29 September 1936, subject to the yearly they hold an interest superior to the received, the applicant intends to proceed rent of £12 and to the covenants and con- Conveyancing solicitor – FB Keating applicant in the aforesaid property is with the application before the county ditions on the part of the lessee therein and Company, Limerick and Shannon, called upon to furnish evidence of title to registrar at the end of 21 days from the contained. require an assistant conveyancing solici- same to the under-named solicitors with- date of this notice and will apply to the Take notice that Timothy O’Driscoll, tor. Experience in residential and com- in 21 days from the date hereof. county registrar for the county of the city Daniel O’Connell and Martin Twomey mercial conveyancing an advantage but In default of any such notice being of Dublin for directions as may be appro- intend to submit an application to the not essential. Good career opportunities received, the applicant intends to proceed priate on the basis that the persons bene- county registrar of the city of Cork for and salary. Apply in writing to Fionnuala with the application before the county ficially entitled to the superior interest acquisition of the freehold interest and Keating, FB Keating & Company, 91 registrar at the end of 21 days from the including the freehold reversion in each any intermediate interest in the aforesaid O’Connell Street, Limerick FREE LOCUM FREE EMPLOYMENT RECRUITMENT RECRUITMENT REGISTER REGISTER For Law Society members seeking a For Law Society members to advertise position as a locum solicitor or seeking for all their legal staff requirements, not to employ a locum solicitor. just qualified solicitors. Log onto the new self-maintained locum recruitment register, on Log onto the new expanded employment recruitment register, on the members' area of the Law Society website www.lawsociety.ie or the members' area of the Law Society website www.lawsociety.ie or contact Trina Murphy, recruitment contact Trina Murphy, recruitment administrator, at the Law Society's Cork administrator, at the Law Society's office, tel: 021 4226203 or email: Cork office, tel: 021 422 6203 or [email protected] email: [email protected]

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COMMERCIAL/CORPORATE LAWYERS – IP/IT SOLICITOR – DUBLIN 2 €50K+ DUBLIN, BELFAST & CORK €70-120K A boutique practice with a growing reputation and increase in Top law firms in Dublin, Belfast and Cork are now looking for com- employees are now looking for an experienced IP/IT solicitor to mercial solicitors. You will have experience in some of the follow- advise its clients on IT and on related commercial matters. You ing areas: M & A, commercial restructuring, commercial advise on should have good drafting skills, a commercial approach and the SHA/SPAs, securities, private equity, fundraising, commercial ability to work relatively independently. contracts and compliance. These firms offer great opportunities for career development. EMPLOYMENT SOLICITOR - DUBLIN 2 €65K+ Excellent opportunity has arisen for an employment solicitor to join IN-HOUSE LEAD COMMERCIAL COUNSEL – a prestigious employment law team. The ideal candidate will have DUBLIN 3 €80-100K strong non-contentious employment law experience in advising A software company based in East Point Business Park is now clients in matters of equality/discrimination, employment con- looking for in-house legal counsel. Dealing with all legal affairs tracts, health and safety statements, staff handbooks, etc and functions for the group of companies throughout Europe, the incumbent will take an active and pivotal commercial role in TAX SOLICITOR – DUBLIN 2 €70K+ providing strategic commercial legal advice and protecting the Excellent opportunity has arisen for a Tax solicitor with AITI quali- intellectual property and trademarks of the company. Strong fication to join a leading commercial law team working between its experience in IP and commercial contract negotiation is corporate and commercial property team. The ideal candidate will required. have the ability to draft/review tax based legal documentation, For information advising on the tax consequences of corporate acquisition and COMMERCIAL CONVEYANCING – restructuring projects, etc on these vacancies DUBLIN CITY CENTRE €80K+ or to discuss A leading Commercial Law firm in Dublin are now seeking a con- PROJECTS LAWYER – DUBLIN CITY CENTRE €60K+ other career veyancing solicitor with experience in commercial conveyancing. An opportunity now exists to join an expanding team within a top opportunities, The successful candidate will have experience in conveyancing tier firm. The team has experienced a high level of involvement in please contact transactions advising investors, developers and financial institu- a wide range of PPP projects dealing with private and public sec- John Cronin tions and investigating title. tor clients. The successful candidate would gain exposure to high Solicitor, PRC profile projects. Experience of working within a Projects or Recruitment ASSOCIATE AND JUNIOR BANKING Construction department in another law firm is required. Limited, 1D Corn SOLICITOR – DUBLIN 2 €80K+ One of Dublin's leading commercial law firms requires a Banking CAPITAL MARKETS – DUBLIN €70-90K Exchange, Poolbeg Solicitor at Associate and Junior level to join its growing team. The Leading Irish law firm requires experience capital markets lawyers Street, Dublin 2. successful Associate candidate will have a number of years' expe- to join their leading established practice. Working directly with Tel: 01-6139510 rience working in the banking and financial services sector, either partners and clients you will have previous experience in a similar or e-mail in-house or in practice and the Junior candidate should have environment. Excellent career progression and financial package [email protected] some experience in banking. offered to the successful candidate.

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Opportunity at the Law Society Solicitor The Law Society is the professional body for the solicitors’ profession. We are inviting applications for the position of Solicitor in our Complaints and Client Relations section. You will be a member of the team responsible for investigating and resolving complaints about solicitors and for handling a wide range of related queries from members of the public and the profession. Part of your job will be to carry out the functions of executive secretary to a division of the Society’s Complaints and Client Relations Committee. You will also play a key role in disciplinary proceedings arising from complaints. You must be an experienced solicitor. We are looking for someone with patience, common sense and a confident manner. Good interpersonal skills and sound judgement are essential. The position will be initially on a two-year, fixed-term contract basis. Please write, quoting reference R/C07, enclosing your curriculum vitae, to be received no later than Friday 28 September 2007, to:

Maureen Seabrook Human Resources Manager Law Society of Ireland Blackhall Place Dublin 7

Law Society of Ireland www.lawsociety.ie

Opportunity at the Law Society Course Executive The Law Society of Ireland provides pre-qualification training courses for trainee solicitors (Professional Practice Courses) and continuing professional development (CPD) seminars and courses for qualified solicitors. The Law Society of Ireland wishes to recruit for the position of Course Executive, which will be based in Cork. Duties will include the co-ordination and running of selected course subjects on the Professional Practice Courses, engaging and providing guidance to teaching teams, mentoring and assisting students, organising assessments, invigilating examinations and assisting with the design and provision of seminars and courses for qualified solicitors (CPD). The course executive will be expected to contribute to the teaching of the course subjects, correct assessments and organise extra-curricular skills competitions. The role will involve attending regular meetings with staff at the Law Society in Dublin. The successful candidate will have a legal background (preferably as a practising solicitor with commercial law experience) and an interest in education. He/she will be able to assume a varied workload, be computer literate, have excellent organisational skills and be flexible to adapt to organisational requirements. Terms and conditions will reflect the qualifications and experience of the successful candidate. The appointment will be made on a one-year, fixed-term contract basis.

Letters of application and full curriculum vitae, quoting reference E097, to be sent to Mr TP Kennedy, Director of Education, Law School, Law Society of Ireland, Blackhall Place, Dublin 7, to arrive by Friday 14 September 2007.

Law Society of Ireland www.lawsociety.ie

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