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Issue June 2002 Contents GazetteLawSociety Regulars Cover Story Sporting chance Sport has moved from muddy playing fields to corporate boardrooms. News 2 8 Teams are brands, fans are consumers and money is the name of the Viewpoint 5 game. This means that sports organisations need lawyers on the team. Barry O’Halloran reports Letters 6 Tech trends 28 Stockwatch 30 No regrets? 12 The theme of the Law Society’s Briefing 31 annual conference in Sorrento was When saying sorry isn’t Council report 31 enough. Conal O’Boyle mops up the tears from the business session Practice notes 32 Legislation update 33 Judgment calls Personal injury Recent EU legislation has overhauled the way judgments 34 14 judgments delivered in one member state are to Firstlaw update 37 be enforced here. TP Kennedy discusses the Eurlegal 43 main changes contained in the new Brussels I regulation People and places 49 Apprentices’ page 51 Friendly persuasion Professional 20 Conciliation offers parties the opportunity to information 53 resolve disputes amicably before formal court proceedings become COVER: The french football team necessary. Denis O’Driscoll outlines celebrating their World Cup victory in 1998. See cover story, page 8 the process that operates in the construction industry Parallel universe 24 The European Court of Justice has clarified and extended its case law on the repackaging and relabelling of pharmaceutical products, as Dorit McCann explains Editor: Conal O’Boyle MA. Assistant editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Nicola Crampton. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 884 4626, mobile: 086 8117116, e-mail: [email protected]. Printing: Turners Printing Company Ltd, Longford. Editorial Board: Pat Igoe (Chairman), Conal O’Boyle (Secretary), Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Michael Peart, Keith Walsh 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. Volume 96, number 5 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette June 2002 News COMPENSATION FUND PAYOUTS Fewer solicitors in new Dáil The following claim amounts were admitted by the eltdown’ would be too Compensation Fund Committee ‘Mstrong a word for it, and approved for payment by but the number of solicitors in the Law Society Council at its the Dáil elected on 17 May is meeting in May 2002: Dermot reduced to six from the eight in Kavanagh, 2 Mary Street, New the Dáil which preceded it, Ross, Co Wexford – €2,539.48; writes Ken Murphy. Michael Owens, 5 Lower Main Three outgoing solicitor Street, Dundrum, Dublin 14 – deputies lost their seats. The €958.52; Michael P McMahon, Labour Party finance 5/6 Upper O’Connell Street, spokesman Derek McDowell Dublin 1 – €1,060.23. lost his seat to an independent in Dublin North Central and, Enright: continuing a tradition Power: first time out NEW BOOK ON ABUSE OF also in Dublin, Fine Gael’s PROCESS spokesman on justice Alan constituency – in which, Power in Limerick East. Electronic legal publisher Shatter was squeezed out by a remarkably, three of the five The Law Society has written FirstLaw has just published its candidate from the Green TDs in the last Dáil were to congratulate all the first hardcopy book, Abuse of Party in Dublin South. solicitors – is now reduced to solicitors who were elected to process: unjust and improper Perhaps the most surprising two, with poll-topper and the Dáil and to commiserate conduct of civil litigation in of all the solicitors to lose their Minister for Foreign Affairs with those who were not re- Ireland, written by Desmond seats was another prominent Brian Cowen comfortably elected. Shiels, a solicitor in Dublin law Fine Gael frontbencher, re-elected as expected. firm McCann FitzGerald. Shiels’ Charlie Flanagan, in Laois The two other solicitors LawSociety book costs €50 and claims to Offaly where Tom Parlon of who were ministers in the Gazette be the first published on this the Progressive Democrats outgoing government, namely unique area of law. took a seat. However, there was Dermot Ahern in Louth and Summer good news for Fine Gael in the John O’Donoghue in Kerry publication LAW SCHOOL SWITCHBOARD same constituency in that South, also topped the polls in As usual, the Gazette will be Members should note that the solicitor Olwyn Enright was the course of being returned taking a break over the Law Society’s Law School has elected to the Dáil for the first for Fianna Fáil in their summer, so there will be no its own telephone switchboard. time, replacing her father, the respective constituencies. issue next month. Normal Anyone wishing to contact the Fine Gael veteran Tom The only solicitor, in publication will resume with a Law School should not dial the Enright, who is also a solicitor. addition to Olwyn Enright, joint July/August issue, due Law Society’s main number, Accordingly, the number of elected to the Dáil for the first out the first week in August. but instead call 01 672 4802. solicitors in the Laois Offaly time is Fianna Fáil’s Peter ONE TO WATCH: NEW LEGISLATION EC (Civil and Commercial judgments. There are no rules of articles 34 and 35 (unenforce- Court, although the master of Judgments) Regulations 2002 (SI court as yet dealing with the pro- ability due to conflict with pub- the High Court may make 52/02) cedure, so the regulations are lic policy, breach of the special enforcement orders in respect The regulations implement the reasonably detailed to make up jurisdiction rules for insurance of arrears of maintenance and Brussels I regulation on the recog- for that lack. The regulations are and consumer contracts and lump sums if this will result in nition and enforcement of judg- not always sufficient in them- reserved areas). Only after the more effective enforcement: for ments in civil and commercial selves to master the procedures decision on an enforcement example, if the defendant is matters. The Brussels I regulation but need to be read in conjunc- application is made may either not resident in any District and the implementing regulations tion with the Brussels I party appeal against it, and the Court area but has property in both came into effect on 1 March regulation: only grounds for revocation are the country. Equitable reme- 2002. • Application for an enforcement those specified in articles 34 dies, if needed, are also avail- These regulations are based in order is to be made to the mas- and 35, which are somewhat able within the High Court’s large measure on the Jurisdiction ter of the High Court, accompa- narrower than those set out in jurisdiction of Courts and Enforcement of nied by an address for service, article 27 of the original con- •Regulation 6 deals with mainte- Judgments Act, 1998. The a copy of the judgment and a vention nance orders. An enforcement Brussels I regulation is likewise certificate issued by the origi- • An enforcement order made by order of a maintenance order largely based on the Brussels I nal court in the form prescribed the master has the same force may be made by the District convention 1968. The main differ- in the regulation, annex V. The and effect as though made by Court, even if the amount ences between the Brussels I regulation provides that the the High Court involved exceeds that court’s convention and the new Brussels judgment shall be declared • Maintenance orders are treated jurisdiction. The court must I regulation are described on p14. immediately enforceable on somewhat differently to other take into account any variation The regulations set out the pro- completion of the formalities judgments, and are generally by the member state court, and cedure for the enforcement of and without any review under enforceable by the District its order lapses if the original 2 Law Society Gazette June 2002 News INTERNATIONAL CRIMINAL Calcutta Run hits the mark COURT COURSE The Irish Centre for Human ver 1,400 runners and Rights, based in NUI Galway, Owalkers, including 700 will be hosting a one-week solicitors and their staff, turned course on the new International out for the fourth annual Criminal Court, which is due to Calcutta Run last month. This come into force on 1 July. The year’s run was the biggest yet, week-long course will run from and the organisers are 20-27 July, and further confident that they will reach information can be found on the their fund-raising target of ICHR’s website at €225,000. The money raised www.nuigalway.ie/humanrights. will be split between GOAL’s project for street children in GALWAY LAWYERS GO ON Calcutta and Fr Peter THE RUN McVerry’s shelters for homeless The Galway Bar Association youths in Dublin. has organised a second charity Running mates: Law Society President Elma Lynch with (from left) run, following the success of The Calcutta Run, which is Ken Doherty, Fr Peter McVerry, and Caroline and Andrea Corr organised by solicitors and last year’s event which raised supported by the Law Society, already, it’s not too late.
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