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LAW SOCIETY Gazette€3.75 March 2006 PULLINGPULLING TOGETHERTOGETHER Collaborative family law TIPPERARYTIPPERARY STARSTAR John Carrigan interviewed DODO YOUYOU UNDERSTAND?UNDERSTAND? The Interpretation Act 2005 STRANGE FRUIT: Schools bite the rotten apple of classroom litigation INSIDE: VICTIM IMPACT STATEMENTS • PRACTICE DOCTOR • MEMBER SERVICES SURVEY • YOUR LETTERS LAW SOCIETY GAZETTE CONTENTS On the cover LAW SOCIETY Schools are on the alert, given certain recent judgments in bullying actions, which state that the standard of care Gazette required from them is that of a ‘prudent parent’ March 2006 Volume 100, number 2 Subscriptions: €57.15 REGULARS 5 News Solicitors under pressure 6 The report of the Support Services Task Force has found that the pressures on solicitors caused by ‘too heavy a workload’ is the greatest barrier to successful practice ‘Unprecedented’ costs order 7 The President of the High Court, Mr Justice Finnegan, has granted an application by the Law Society to be joined as an amicus curiae in an appeal against a ‘wasted costs’ order of the Master of the High Court 5 Viewpoint 14 Victim impact statements were initially introduced for very good reasons. A review of how the system works is overdue, argues Dara Robinson 17 Letters 41 People and places 43 Book reviews Briefing 47 47 Council report 48 Practice notes 49 Practice directions 14 50 Legislation update: acts passed in 2005 52 FirstLaw update 57 Eurlegal: EC competition law 59 Professional notices Recruitment advertising 64 Ten pages of job vacancies 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 59. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 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, Tom Courtney, Eamonn Hall, Philip Joyce, Michael Kealey, Mary Keane, Patrick 41 J McGonagle, Ken Murphy, Michael V O’Mahony, William Prentice 2 www.lawsociety.ie CONTENTS MARCH 2006 Get more at lawsociety.ie HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. Phone: 01 672 4828, fax: 01 672 4877, email: [email protected] Gazette readers can access back issues of the magazine as far back as Jan/Feb 1997 right up to HAVE YOU MOVED? Members of the profession should send change-of-address the current issue at lawsociety.ie. details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] Subscribers to the Gazette should send change-of-address details to: You can also check out: Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • Current news • Forthcoming events, including online booking COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: for the annual conference 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] • Employment opportunities • The latest CPD courses PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828. ALL CHEQUES SHOULD BE as well as lots of other useful information. MADE PAYABLE TO LAW SOCIETY OF IRELAND. FEATURES COVER STORY: School’s out 18 Different judgments were recently given in two school bullying cases, but both reaffirmed that the standard of care required from schools is that of ‘a prudent parent’. Murray Smith reports Pulling together 24 Collaborative family law is starting to gain ground in Ireland. Anne O’Neill gives an insider’s view of how the process works, hopefully to bring about a ‘win-win’ situation Tipperary star 28 John Carrigan was President of the Law Society almost 24 50 years ago. Mark McDermott speaks to him about his student days in the 1930s, his career in law and his time as president A matter of interpretation 32 Interpretation acts govern the interpretation of both primary and secondary legislation. They also play an important role in ensuring the consistency of some aspects of legislation. Brian Hunt interprets the recently enacted Interpretation Act 2005 Another time, another place 36 As part of the series celebrating 100 volumes of the Gazette, Mark McDermott dips into its pages during the years of the Great War and the 1916 Rising – and discovers a distinctly royalist tilt in Council attitudes Obituary 42 The Hon Miss Justice Mella Carroll died on 15 January 2006 – a short time after her retirement. The Hon Mr Justice Thomas A Finlay pays tribute to a remarkable life 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 36 www.lawsociety.ie 3 NEWS MARCH 2006 nationwide Send your news to [email protected] ■ CORK some work,” he adds. Taken the court to see how they can social get-together of colleagues Don’t wait nationally, this must amount to a further improve the service and in the Dublin 6 West area. Of “We should be sensible and significant waste of garda time. facilities. “It is very important course, the annual DSBA undertake CPD courses earlier The local Bagenalstown court, that those involved in the courts dinner-dance in the Four rather than later and not wait like so many local courts around meet and listen to one another Seasons Hotel was its usual sell- until the panic sets in at the end the country, fell victim to the and this is what we will be out, attended by over 400 of our of the CPD cycle,” says Sinéad rationalisation programme of the doing,” she said. colleagues and partners. Behan of the Southern Law Courts Service. But local Unfortunately, in Dun Association (SLA). Sinéad, a solicitors had not been informed ■ DUBLIN Laoghaire, local sailor and practitioner in Cork City, points before the decision was Know thy neighbour solicitor (which comes first?), out that the SLA is organising announced. If they had been Significant increases in the Justin McKenna, had to cancel, 12 lectures for 2006 and is consulted, they would have numbers of solicitors now means or at least defer, his celebrated optimistic of good attendances. identified costs to the that there are up to 3,500 annual black-tie dinner for south They will cover the usual topics, community and financial costs practitioners in Dublin alone. Dublin solicitors on 17 February, including conveyancing and that are not always apparent. Just one of the problems with probably due to our coffers District Court practice. Perhaps greater sensitivity is such numbers is the loss of being empty after the Four Colleagues should remember Seasons. Watch this space for that, apart from the CPD points, future developments. the lectures will be helpful in So, in a demanding work themselves. In a further tilt at environment, the message is still: the consumer, the lectures will ‘Get to know your colleagues all be at lunchtime … so you get socially; a solicitor’s life can be home in time for your tea! fun.’ No, really. ■ CARLOW CPD – it’s coming to a We have something to say, computer near you too… Just about everything else is on- There are serious practical line. Why not continuing downsides to rationalisation of professional development? The the courts system that are not DSBA will launch CPD online always apparent when they are Welcome to Waterford! Law Society President Michael Irvine and on 20 March. Five introductory Director General Ken Murphy recently met with the members of the being planned, according to the Waterford Law Society, including its President, Neil Breheny (centre) lectures will cover key areas of newly-elected President of the practice. Details will be posted Carlow Bar Association, John G required, as is wider consultation collegiality and simply knowing on the DSBA website. Foley. with solicitors and others one another, according to DSBA “This is a major initiative and John, who practices in directly affected. Secretary Kevin O’Higgins. should be of real and practical Bagenalstown, regrets the pass- “We’re very conscious in the benefit to practitioners,” says ing of the local court sittings, ■ CLARE DSBA of the dangers of John Glynn, DSBA council which have been incorporated On the other hand… isolationism. There is still a large member, who has worked into the Carlow sittings. The new courthouse in Ennis is proportion of sole practitioners, assiduously with former DSBA “Gardaí, probation officers and proving popular with practition- but even those in the larger firms President Orla Coyne on this others, not to mention solicitors, ers. “We are very impressed would recognise the benefits of initiative. now have to sit for many hours with the facilities now available rubbing shoulders with their While not being a CPD waiting for cases to be heard. to practitioners and other users colleagues outside of work,” he panacea for everyone, it will This is hardly a good use of of the court and we feel that we says.
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