Winter 2013/2014

THE WRIT THE JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 219 Winter 2013/2014 THIS ISSUE Richard Palmer President Journal of the LSNI Winter 2013/2014 03 INDEX WINTER 2013/2014 PUBLISHERS The Law Society of Northern Ireland 96 Victoria Street BELFAST BT1 3GN Tel: 028 9023 1614 THE Fax: 028 9023 2606 E-mail: [email protected] WRIT Website: www.lawsoc-ni.org THE JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 219 Winter 2013/2014 EDITOR Alan Hunter [email protected] DEPUTY EDITORS Peter O’Brien [email protected] Heather Semple [email protected] Paul O’Connor [email protected] ADVERTISING MANAGER Karen Irwin [email protected] THIS ISSUE DESIGN Richard Palmer SHO Communications Ltd President DISCLAIMER The Law Society of Northern Ireland and its agents accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine and any view or opinions expressed are not necessarily those of the Law Society’s Council, 04 Cover Story: 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 Richard Palmer in this publication can be accepted by the authors, contributors, editor or publisher. The editor reserves the right to make publishing decisions on any New President of the Law Society advertisement, loose insertion or editorial article submitted to this magazine and to refuse publication or to edit any advertisement, loose insertion or 07 New Presidential Team editorial material as seems appropriate to the editor. The Law Society of Northern Ireland and its agents do not endorse any goods or services advertised including 08 Mediation Matters those contained in loose insertions, nor any claims or representations made in any advertisement/loose 14 The Advocate’s Gateway insertions in this magazine. No part of this publication may be reproduced without the written permission of the copyholder and publisher, application for which 20 Compulsory Conveyancing CPD should be made to the publisher. 23 Society Annual Dinner CHECK IT OUT AT 28 His Master’s Voice www.lawsoc-ni.org Writ readers can access back issues 32 Society recognised for fundraising efforts of the magazine as far back as October / December 2000 at www.lawsoc-ni.org - follow Publications link 42 Abstracts from the Courts You can also find details on the website about: • Libero database 49 Library Update – Human Trafficking • Latest CPD courses • Employment opportunities • Forthcoming events Copy deadline for Mar/Apr 2014 Edition: Friday 21 March 2014 Journal of the LSNI 04 SummerWinter 2013/2014 2012 Richard Palmer - new President of the Law Society The new President delivered his inaugural address to members at the Richard Palmer was Society’s Annual Dinner. educated at The Royal Belfast Academical Mr Justice Burgess, friends and Institution and then colleagues, my Master Niall Browne and at Queen’s University my father - welcome to the 93rd Annual Belfast. Having graduated Dinner of the Law Society of Northern in Law in 1987, he Ireland here in a new venue for us Titanic undertook his vocational Belfast. training at the Institute of Professional Legal Tonight is a most important event in the Studies, Belfast. Society’s social calendar as it provides an excellent opportunity for you, the members of our profession, without the He then joined the Belfast distraction of clients, to relax and unwind firm of Peden & Reid at the end of what I have no doubt has where he was apprenticed been another hard week at the coal face. to Niall Browne. Richard’s grandfather, Robert Tonight’s dinner also provides an Coulter, and his father, opportunity for our newly admitted George Palmer, have solicitors to attend their first Society both been Senior Partner in that firm and both of them have also served as social function alongside their colleagues President of the Law Society in 1960 and 1996 respectively. and contemporaries. In 1994 Richard became a Partner in Peden & Reid where he undertakes Private Client, Property (both Residential and Commercial) and Corporate For the last few weeks I have constantly work. been asking myself how on earth did I get into this position. I wondered was it good fortune or might it have been In 1999, having served on the Committee of the Belfast Solicitors’ destiny (since as you have heard, I Association for some seven years, Richard became its Chair. He was am following in the footsteps of both subsequently elected to the Council of the Law Society in 2003. my grandfather and father, who I am delighted to be able to have here as a He has sat on a number of Society Committees - Home Charter, Family guest this evening). Eventually, I decided Law, Education, Professional Indemnity Insurance & Risk Management and that it was probably a combination of Conveyancing & Property. He has previously chaired the Financial Services a number of factors - in any event I am Committee. unashamedly proud of being a solicitor. I take great pride in the solicitors’ He was recently a Member of the Society’s Education Review Working branch of the legal profession and I am Group which completed a review of vocational training for Solicitors and immensely proud to have been elected until being elected as President was the Chair of the Professional Ethics & to serve as your President for the next twelve months. Guidance Committee, which is the Society’s main Regulatory Committee. I can’t promise that during my year I Richard is married with three children and lives in Belfast. When not will get it right all of the time but what working, he is a keen golfer. He is also an active member of Instonian’s I can assure you is that I will do my Hockey Club, where he still plays regularly and where he was until recently utmost and to the best of my abilities to involved in the administration of the Club’s successful youth section. represent your interests, those of your firms no matter what size and those of the collective profession in a robust and Journal of the LSNI WinterSummer 2013/2014 2012 05 Legal Aid ....we will seen a Ministerial report suggesting remain vocal in our call that Claims Management Companies do not play a large role in Northern for a holistic review of Ireland. As such the Society has the justice system before taken the bull by the horns and passed its own Regulations prohibiting any proposed cuts are the payment of such referral fees. implemented. This will be closely monitored and hopefully all of our phones will start ringing again with clients seeking to instruct us in such matters. forthright manner when dealing with the many challenges that lie ahead in • Solicitor advocacy remains high on the what are still turbulent, unpredictable Society’s agenda and I can promise and difficult times. you that we will do all within our maintained. Members are also I do hope that you will indulge me as I power to ensure that our highly skilled rightly concerned about requests for give you a very brief overview of just a advocates will be able to represent their files for review in cases where few of the major issues which are likely their clients in the higher Courts just properties have been re-possessed to engage the Society over the next as soon as possible. and apparently sold at a significant twelve months. loss. I can assure you that in such • Lest the conveyancers amongst you cases the Society will do what it can • Legal aid continues to occupy the think I have forgotten about them, to ensure that we, the profession, headlines. There is no need to there are a number of important do not end up being the fall guys for rehearse in detail what the Society, matters either under consideration or what in many instances was nothing as the authorative voice on the on the horizon. Our Home Charter short of reckless lending. This has matter, has said in recent weeks. Scheme, which was ground breaking ignited a debate on the merits of Suffice to say we will remain vocal when it was introduced almost 20 separate representation for borrower in our call for a holistic review years ago, is currently undergoing and lender which will no doubt unfold of the justice system before any a root and branch review. We over the coming months and which proposed cuts are implemented. continue to liaise with mortgage I would ask you all to participate We are delighted at the lenders seeking to convince them actively in whatever your views. profession’s collegiate response that Northern Ireland is an entirely to the call to lobby both in the different playing field from that in • The legal landscape here is significant numbers that attended England & Wales and that as such constantly changing. Belfast is now our recent Legal Aid Conference wide Solicitors’ Panels should be seen as a centre of excellence in and thereafter as to the very legal process outsourcing. As a significant engagement with local corollary of this the Society has joined MLAs. The results of this co- forces with Invest NI to carry out a ordinated and merged approach This has ignited a debate feasibility study as to what services are now being seen in a growing our indigenous members might be awareness amongst our elected on the merits of separate able to offer for export outside these representatives of the strength of representation for borrower shores. This is an exciting initiative the arguments being put forward.

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