ISSN 1393−6956 ga
10 MAGAZINE OF THE YEAR
9 771393 695029 of thebusinesslaw the furthercommodification ‘Predictive analytics’and Future shock solicitors’ well-being supports LAW SOCIETY SHINING A Law Society launches Law Society launches
LIGHT and individuals solutions forbusinesses ‘Second chance’insolvency Cherry bomb ette €4.00 OCTOBER2019 of topfirmArthurCox incoming managingpartner The Moore’s treat Gazette Gazette
speaks tothe gaLAW SOCIETY ette
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For further information, or to discuss settlement of any eligible claim, please contact McCann FitzGerald (DFH/RJB) on 01 829 0000 or email [email protected] Law Society Gazette | gazette.ie PRESIDENT’S MESSAGE October 2019 1
STEPS IN THE RIGHT DIRECTION
here is much emphasis this month, countries having big friends. I am glad to say that and much of interest to read, in the Irish legal profession is held in high regard the pages that follow in relation to internationally, with many chairs and speakers the subject of mental health and contributing to various sessions. well-being. You will see the various support programmes that are being Crowdfunding challenges rolled out by the Law Society, continuing the work One of these dealt with the ethics and issues of begun and fostered by my predecessor Michael crowdfunded litigation. The President of the TQuinlan. Please take time to read these articles – High Court commented recently that only the they contain valuable insights, advice and signposts. very rich or the very poor can afford to litigate By the time you read this, various parts of – there is very much more than a grain of truth the Legal Services Regulation Act will have been in this. Crowdfunding and, indeed, commercial commenced. A huge positive is the introduction of funders, as well as more exotic products like LLPs, which will enable partnerships to limit their blockchain-based, security-token offerings are personal liability. becoming more prevalent internationally as a This brings the business of the provision of legal means of financing litigation, particularly of the services into line with all other businesses, which public-interest type. have had the ability to limit their liability for nearly Whether these innovations breach the old two centuries, and also into line with international rules of maintenance and champerty have not norms. Guidance is being issued in relation to yet been tested in Ireland, but as those rules are registration processes, which we are promised will based on a perception of public policy, there may be straightforward and inexpensive. well be rapid development of the law in this area. It’s hard to argue that public-interest litigation Common sense could be against public policy. We must not forget, however, that this legislation We had a striking example of this in Britain covers only partnerships, and not sole practitioners recently, with the successful outcome of the or principals. There is no justification for this Miller/Cherry litigation, ending with the distinction, but we cannot overemphasise the Supreme Court holding that parliament had difficulty and, indeed, political resistance in some been suspended illegally by the prime minister. quarters, even to what has been achieved to date. We will return to this unfairness with the Legal Services Regulatory Authority and, hopefully, when it is seen that the world hasn’t stopped THIS WAS A STRIKING VINDICATION turning because of LLPs, common sense will prevail and the legislation will be extended to sole OF THE ROLE OF THE COURTS IN practitioners. CURBING EXECUTIVE EXCESS Likewise, the new rules in relation to section 150 notices, at time of writing, are due to come into effect. The Society is promulgating guidance and precedents in relation to the new obligations, so do Whatever your views on Brexit, this was a take note. No doubt, most bar associations will be striking vindication of the role of the courts running CPD sessions on the new regulations, so in curbing executive excess. In a world where please sign up and improve your CPD points’ score institutions, conventions, and the rule of law before the current CPD cycle closes. itself are increasingly under threat, it was a very A large number of Irish solicitors and barristers welcome outcome. This case was crowdfunded, represented their firms and professions at the as were a number of other Brexit-related cases. recent IBA conference in South Korea. I have As ever, if you have any comments or queries, PATRICK DORGAN, commented before on the importance of small please contact me at [email protected]. PRESIDENT 2 October 2019 CONTENTS Law Society Gazette | gazette.ie
gaLAW SOCIETY ette PIC: SHUTTERSTOCK LAW SOCIETY GAZETTE • Vol 113 No 8 Future shock Cherry bomb Moore’s treat Volume 113, ‘Predictive analytics’ and ‘Second chance’ insolvency The Gazette speaks to the the further commodification solutions for businesses incoming managing partner of the business of law and individuals of top firm Arthur Cox number 8
gaLAW SOCIETY ette€4.00 OCTOBER 2019 48 14
OCTOBER 2019
Subscriptions: €65 (€95 overseas) SHINING A MAGAZINE OF THE YEAR Blackhall Place, Dublin 7 10 Law Society of Ireland LIGHT tel: 01 672 4828 Law Society launches fax: 01 672 4801 9 771393 695029 ISSN 1393−6956 solicitors’ well-being supports email: [email protected]
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No material from the Gazette may be published or used without the permission of the copyright holder. The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting, or refraining from acting, as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter.
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20 44 52
FEATURES
28 Sunshine on a rainy day 44 A second bite at the cherry The Law Society recently commissioned a nationwide All modern economies have ‘second chance’ insolvency survey to learn more about members’ mental health and solutions for business and individuals that include well-being. Worryingly, solicitors’ well-being appears to bankruptcy and debt modification of some or all secured be considerably lower than the EU average population and unsecured debt. Cormac Keating looks at the Irish case score, write Eoin Galavan and Tom Millane
48 The prediction predilection 34 Moore’s Almanac Predictive analytics (PA) is part of the inexorable move Corkman Geoff Moore will be installed as managing towards the commoditisation of the ‘business’ of law. David partner of Arthur Cox in November. Mary Hallissey Cowan lays out the significant cost benefits, while analysing meets the man who is set to lead the country’s biggest law the potential threat that PA poses to access to justice firm during a time of massive flux in the Irish legal market
52 Mind the gap 40 Under the radar A review of the cases of the thousands of incapacitated While headlines in Ireland are dominated by Brexit, the people living in residential care is essential to ensure that setting up of the European Public Prosecutor’s Office at those who lack the capacity to consent to their stay in the end of next year may have slipped under your radar. institutional care are not being deprived of their liberty, Joseph Maguire checks the scope writes Stephen Walsh
REGULARS
4 The big picture 22 Comment Standout photo of the month 22 Viewpoint: The Unfair Contract Terms Directive could usefully be placed on a legislative footing 6 People 24 Viewpoint: Legal and moral problems with the proposed Personal Injuries Commission guidelines 27 Viewpoint: Letters 8 News 56 Briefing 14 Analysis 56 Eurlegal: EU adopts new Whistleblower Directive 14 News in depth: New well-being supports for 59 Guidance note Law Society members 18 News in depth: This year’s Justice Media Awards Professional notices 20 Human rights: US Judge Craig D Hannah believes 61 all addicts before his court deserve a shot at redemption 64 Final verdict 4 October 2019 ??????????IN FOCUS | ?????????? Law Society Gazette | gazette.ie
THE BIG PICTURE PIC: CHRIS MCGRATH/GETTY IMAGES Law Society Gazette | gazette.ie ??????????IN FOCUS | ?????????? October 2019 5
CHINA IN YOUR HAND A protester throws an egg at police during clashes after an anti-govern- ment rally in Hong Kong, China, on 25 August 2019. Pro-democracy pro- testers have continued rallies on the city’s streets against a controversial extradition bill since 9 June. The city is in crisis after waves of demonstra- tions and several violent clashes. Hong Kong’s Chief Executive Carrie Lam has apologised for introduc- ing the bill and declared it “dead”. Undeterred, protests have continued to draw large crowds, with demands continuing for Lam’s resignation and complete withdrawal of the bill 6 October 2019 PEOPLE Law Society Gazette | gazette.ie
CHIEF JUSTICE CONGRATULATES NEW NOTARIES
At the graduation ceremony for candidate notaries of the Diploma in Notarial Law and Practice of the Faculty of Notaries Public in Ireland/Institute of Notarial Studies were: Chief Justice Frank Clarke, Dean Mary Casey (faculty), deputy dean Justin McKenna, dean emeritus Michael V O’Mahony, Dr Eamonn G Hall (institute director), dean emeritus Rory O’Connor, Michal M Moran (faculty secretary), members of the governing council of the faculty, and graduates POSTGRAD DIPLOMA IN STAFFORDS INTERNATIONAL FINANCIAL CELEBRATE SERVICES LAW IN STYLE PIC: JASON CLARKE PHOTOGRAPHY
The conferring ceremony for the Postgraduate Diploma in International Financial Services Law took place on 3 September at the O’Reilly Hall in UCD. The diploma is a collaboration between Law Society Finuas Skillnet (LSFS) and the UCD Sutherland School of Law, and is funded by Skillnet Ireland. At the conferring Caoimhe Stafford is congratulated by family ceremony were (from l to r): Michelle Nolan (LSFS steering committee), Lorraine Lally BL, Aidan McGrath, Elaine members at the Blackhall Place parchment Gallaher, Dr Noel McGrath (UCD academic programme director), Conor McEneaney (awarded the first LLM in ceremony on 18 July (l to r): Jim, Caoimhe and International Financial Services Law) and Sonia McEntee (LSFS steering committee) Grainne Stafford Law Society Gazette | gazette.ie PEOPLE October 2019 7
KINGDOM’S CLUSTER IS A CROWNING SUCCESS ALL PICS: DOMNICK WALSH PHOTOGRAPHY
Michael Lane, Mary Lawlor, Brian O’Regan and Padraig Foley
At the Tralee Finuas Skillnet Cluster on 5 September at Ballygarry House, Tralee, were (front, l to r): Teri Kelly (director of representation and member services, Law Society) and Katherine Kane (Law Society Finuas Skillnet); (back, l to r): Clodagh O’Brian (Crowe, Dublin), Joyce Good Conor Murphy, Michelle Spillane, Fiona O’Sullivan and James Hammond (Hammond Good Solicitors), John Galvin (secretary, Kerry Law Society), Patrick Morris Johnson (Courts Service), Susan Bourke (digital marketing strategist, Sligo) and Michelle Nolan (Law Society Finuas Skillnet)
Paul O’Donoghue, John Galvin and David Ramsay
Paul Cannon, Margarita Purtill, Aoife Thornton and Maurice O’Sullivan Attendees at Tralee’s Finuas Skillnet Cluster on 5 September 8 October 2019 NEWS Law Society Gazette | gazette.ie
REVISED PRACTICE FOR CHARITABLE BEQUESTS PIC: SHUTTERSTOCK Solicitors will be aware that, The new form must be submit- when lodging applications ted electronically to the Chari- for grants where the will con- ties Regulator via the Charities tains a charitable legacy, they Regulator’s ‘MyAccount’ system are required to lodge an addi- and, in addition, must be down- tional form (the PAS3 form) loaded and printed for signing by for transmission by the Pro- the solicitor and for lodging with bate Office to the Chari- the application for a grant to the ties Regulator, in compliance Probate Office. with the statutory obligations Before the form may be sub- of the Probate Office under the mitted, a solicitor must either log Charities Acts. in or create a new account in the The Probate Office and the ‘MyAccount’ system. You will Charities Regulator will be find more information about this introducing a slightly revised system by visiting www.charities practice, whereby solicitors regulator.ie/en/myaccount. applying for grants where the Further information about the will contains a charitable legacy form may be obtained by visiting must complete a new electronic www.charitiesregulator.ie (see form, the ‘Charitable Bequest ‘Information for charities’ in the Form’, which replaces the exist- practice shall come into operation erate with the Probate Office and top menu bar and select ‘Charities ing PAS3 form. with effect from 1 October 2019. the Charities Regulator in imple- Acts 1961 and 1973 applications’ It is intended that this revised Solicitors are requested to coop- menting this new practice. from the drop-down menu). DON'T WORRY, BE APPY IRELAND’S COURT- HOUSES BETWEEN THE COVERS
The Irish Architectural Archive (IAA) has published a new book exploring the architecture of Irish courthouses from the early 17th century to the modern day. The Law Society Library has You can also search for, and Ireland’s Court Houses, edited launched a new mobile app for download, signed unreported by Paul Burns, Ciaran O’Connor its catalogue, which will be freely judgments in PDF format. This and Colum O’Riordan, was available to members on all iOS feature is especially useful if you launched in mid-September at and Android devices, writes dep- need to locate a judgment while the IAA’s headquarters on Mer- uty librarian Mairead O’Sullivan. away from your desktop. rion Square, Dublin, by Chief You can download the app In order to use the new app, Justice Frank Clarke. from the App Store or Google you will be required to login The book examines the evo- the first time in a single publi- Play. Just search for ‘Law Society with a username and password. lution of Ireland’s courthouses cation, a comprehensive listing Library’ and click download. To receive your unique username from “a legal, historical and of courthouses across the entire The new app is a convenient and password, please contact architectural perspective, with a island of Ireland. way to avail of the library cata- the library at libraryenquire@ particular focus on the recently Ireland’s Court Houses is cur- logue. You can search for books, lawsociety.ie. completed programme of res- rently for sale at the IAA reading place ‘holds’, and renew books Feedback on the app should toration, upgrading and new room on Merrion Square, and without having to contact the be emailed to m.osullivan@ construction”. will soon be available in book- library directly. lawsociety.ie. The book also contains, for shops. Law Society Gazette | gazette.ie NEWS October 2019 9
SOCIETY CHAMPIONS MENTAL-HEALTH AND WELL-BEING TRAINING
Mental Health First Aid is evi- PIC: SHUTTERSTOCK faction – and ultimately attract dence-based training that teaches and retain the best talent. people how to recognise mental- Mental Health First Aid Ire- health problems earlier, offers land (MHFA ) is the only licensed support, and empowers the per- provider of the service in Ireland son having the difficulty to engage and, in the last five years, has with evidence-based supports, trained close to 6,000 people. The writes Donal Scanlan, manager of company offers MHFA training Mental Health First Aid Ireland. throughout the country. In the There is growing concern corporate world, their list of clients across the legal professions in is extensive. Ireland and abroad about lawyer mental health and well-being. Mental-health first aid Recent research (see p28) reveals Now, Mental Health First Aid that two-thirds of Irish solici- Ireland is partnering with the Law tor survey respondents reported such as LawCare or Consult a health Stigma, 46% of under Society to make the MHFA more that stress negatively affects their Colleague. Respondents saw a 35-year-olds would conceal a accessible to the legal community. ability to do their job. Half said need for increased training and a mental-health difficulty, while Firms such as William Fry are that their mental health had been focus on crisis-management skills 42% living in rural communities already using Mental Health First affected to a high degree, leading regarding mental health, stress would conceal a mental-health Aid training as a way of break- to problems such as depression, and trauma. difficulty from family, friends or ing down the barriers of stigma, insomnia, and anxiety. Stress-related mental illness colleagues – 4% higher than the improving confidence and the will- is still hidden, and employees national average. ingness to create more supportive Peer support remain reluctant to open up and Investing in the mental health and mentally healthier workplaces. Peer support is valued by discuss it with their colleagues, of staff has the potential to respondents, but it is a relatively friends or family. According to reduce absenteeism, improve Learn more about MHFA courses untapped resource – the research the Irish organisation See Change productivity, increase engage- and how to access its publicly funded or shows that members know about, in its report, What is Stigma? A ment, reduce errors, and poten- corporate rates at MHFA Ireland but rarely use, existing supports Guide to Understanding Mental- tially improve overall job satis- (www.mhfaireland.ie).
ORDER NOW PLACE YOUR ORDER TODAY roundhall.ie Definitive analysis by [email protected] authoritative sources. +44 (0)345 600 9355 Civil Proceedings and the State, 3rd edition Authors: Anthony M Collins and James O’Reilly
The 3rd edition of Civil Proceedings and the State gives the practitioner Hardback a comprehensive and definitive analysis of the practice of public and ISBN: 9780414035102 administrative law in the State. It consists of an authoritative and September 2019 fully updated commentary on the statutes, rules of court and practice €459 directions in the Courts of Ireland.
This title is also available on Westlaw IE
Civil_Proceedings_&_the_State_187x90.indd 1 26/09/2019 11:24 10 October 2019 NEWS Law Society Gazette | gazette.ie
ENDANGERED LAWYERS Ó BUACHALLA LEADS PR VERONICA KOMAN, INDONESIA FUNCTION AT LEINSTER PIC: FACEBOOK/VERONICA KOMAN RUGBY
Veronica Koman (left)
Veronica Koman has provided arrested. The protests took legal aid to Papuan political activ- place in the wider context of a ists and documented human movement for independence Solicitor Marcus Ó Buachalla over ten years ago now, but I rights violations in West Papua, a or greater autonomy. This is of has been appointed to lead the loved every moment of my legal restive and impoverished region concern to the authorities in communications and media training and post-qualification that became part of Indonesia 50 the mineral-rich provinces, who team at Leinster Rugby. He is experience with them. years ago. Previously a Dutch col- cut internet access for over responsible for all communica- “The five years’ experience of ony, it was formally incorporated two weeks in the remote area, tions for the Guinness PRO14 working at William Fry gave me into Indonesia in 1969 after a UN- where foreign journalists are not and Heineken Champions Cup a great professional foundation, sponsored ballot, which was seen allowed access. side. and I am delighted to have been by many as a sham. The Jakarta Legal Aid Institute A UCD business and legal able to put that into practice at Regarded as an outspoken strongly condemned this latest studies graduate, Ó Buachalla Leinster Rugby, and I look for- government critic, on 5 Septem- move by the police. “This sets a has worked with the club in ward to my new role.” ber she was accused by the police dangerous precedent and could a PR role since 2014, having The club’s Guinness PRO14 of “spreading provocative news”, threaten law and democracy in qualified as a solicitor in 2007. home season kicked off on 4 having tweeted about an incident Indonesia,” said Muhamad Isnur He told the Gazette: “It’s been October, with a match against in Surabaya in mid-August where of the institute. an interesting journey from Ospreys at the RDS Arena in military and nationalist militia Michelle Bachelet, the UN qualifying with William Fry Dublin. were captured on video calling High Commissioner for Human Papuan students “monkeys” and Rights, has been blocked “dogs”, and arresting them in from visiting West Papua. She their dormitory using violence expressed concern at the situa- AN INCLUSIVE and tear gas. tion and called for dialogue, the East Java police said she had stepping down of violence, and APPROACH provoked and inflamed anti-rac- the restoration of internet con- Trainee solicitors at the Law extent and responses to adult lit- ist riots that have swept across nections. “Blanket internet shut- School recently attended a eracy difficulties in Ireland, and West Papua in recent weeks, and downs are likely to contravene lecture titled ‘An inclusive what solicitors can do to meet accused her of spreading fake freedom of expression, and lim- approach to clients and oth- the needs of clients. Over the news and provocative material. iting communications may exac- ers’, as part of their professional course of their careers, solicitors She faces charges under the con- erbate tensions,” she stated. development skills module. will encounter many people with troversial Electronic Information Veronica Koman is believed to The module is designed by reading, writing and numeracy and Transactions Law, the penalty have left the jurisdiction. Police course managers Colette Reid difficulties. for which is a term of imprison- say they will seek international and John Lunney. Focusing on Rice explained how the NDA ment of up to six years and a fine cooperation to trace her and literacy and disability, trainees provides information and advice of around €65,000. have her returned to face trial. heard from Fergus Dolan of the to people with disabilities. He Thousands in the two West National Adult Literacy Agency explored the meaning of the term Papuan provinces protested Alma Clissmann is a member of (NALA) and Dónal Rice of the ‘disability’ and the broad range about the harsh arrests of the 43 the Law Society’s Human Rights National Disability Authority of of disabilities it encompasses, Papuan students, and many were Committee. Ireland (NDA). observing that many of us will Dolan highlighted the causes, develop a disability as we age. Law Society Gazette | gazette.ie NEWS October 2019 11
KERRY CLUSTER KICKS OFF NEW EDITION
Irish Conveyancing Law J C W Wylie, Una Woods
The essential guide to conveyancing law and practice. The first of this year’s autumn ‘cluster’ events agement, general and regulatory matters. With almost 15 years since the last edition, authors John Wylie and Una received a royal welcome in the Kingdom’s Law Society Finuas Skillnet is grateful to Woods have completely updated largest town, Tralee. These educational and all bar associations around the country that the text to reflect the Land and networking events for solicitors are organised collaborate with it in bringing education and Conveyancing Law Reform Acts. by Law Society Finuas Skillnet and local bar training to members. User-friendly and practical, this associations, in this instance, the Kerry Law Bookings can now be placed for the follow- title provides a unique step-by- Society. ing cluster events: step guide to the conveyancing Over 140 attendees received updates on • 11 October – North East CPD day process as defined by the new legislation, helping ensure your wills and trust drafting (Anne Stephenson), (Glencarn Hotel, Castleblayney, Co conveyancing transactions are legally e-licensing, courts and technology (Patrick Monaghan). compliant, error-free and adhere Johnson), conveyancing (Joyce Good Ham- to best-practice guidelines. It is mond), civil litigation (Shane MacSweeney), November essential reading for all of Ireland’s digital marketing (Susan Bourke), and LLPs • 7 and 8 November – Connaught solicitors’ conveyancing solicitors in the (Paul Keane). Members were introduced to symposium, parts 1 and 2 (Breaffy House changing legal landscape, written by the small practice support project by Teri Hotel, Castlebar, Co Mayo), the foremost experts in this area. Kelly (Law Society Director of Represen- • 15 November – Practitioner update, Cork tation and Member Services) and Clodagh (Kingsley Hotel, Cork), and O’Brien (Crowe). They showcased the sup- • 22 November – General practice update, Price: €275 ports available to members through the new Kilkenny (Hotel Kilkenny, Kilkenny). Available: Nov 2019 Small Practice Business Hub. ISBN: 9781847661616 December Order your copy today • 6 December – Practice and regulation Tour of regions Visit us at Cluster events are coming to a venue near symposium, Dublin (Shelbourne Hotel, bloomsburyprofessionalireland.com you, with trips to Monaghan (October), Dublin). Mayo, Cork and Kilkenny (November), and €5.50 P&P Dublin (December). For details of Law Society Finuas Skill- The fee (€135) includes the event, re- net cluster events in your region, email source materials, a networking lunch, and [email protected] or visit www. the all-important CPD hours covering man- lawsociety.ie/skillnetcluster. 12 October 2019 NEWS Law Society Gazette | gazette.ie
BREXIT TOPS THE AGENDA IN GLASGOW
The likely effects of Brexit on law and legal practitioners was inevitably the top item on the agenda in Glasgow recently, when the leaders of the Law Societies of Ireland (LSI), Scotland (LSS), Northern Ireland (LSNI) and England and Wales (LSEW) met, as they do twice every year. Pictured prior to the meeting are (front, l to r): Patrick Dorgan (president, LSI), John Mulholland (president, LSS), Suzanne Rice (president, LSNI) and David Greene (vice-president, LSEW); (middle, l to r): Rowan White (vice-president, LSNI), Lorna Jack (CEO, LSS), Amanda Millar (vice-president, LSS) and Ken Murphy (director general, LSI); (back, l to r): Paul Tennant (CEO, LSEW) and Alan Hunter (CEO, LSNI) IT’S ALL IN THE MIND FOR YOUNGER MEMBERS’ COMMITTEE CONFERENCE PIC: CIAN REDMOND ‘The mindful lawyer’ is the title of home and work, this year’s annual conference of the • Working thoughtfully in a Law Society’s Younger Members’ highly pressurised environ- Committee. It will take place on ment, drawing on the tech- 10 October 2019, from 2-5pm, in niques of high-performance the Green Hall at Blackhall Place. athletes to help lawyers succeed Organised in partnership with in a sustainable way. Law Society Finuas Skillnet, the conference will discuss mind- The event will include an inter- fulness, and how to integrate active panel discussion and Q&A thoughtful practices into work session. Three CPD manage- and home life in order to improve ment and professional develop- mental health and productivity. ment skills points are available (by The event’s main speakers are to CPL Group in Ireland), and lawyers and their work, group study) for participants. Antoinette Moriarty (psychothera- Gerry Hussey (performance psy- • Career change and develop- The booking form and full bro- pist and Law School psychologi- chology consultant and motiva- ment, and how proactive work chure can be viewed at www.law- cal services manager), Fiona Mc tional speaker). practices can enhance your society.ie (search for ‘committee Keever (executive and leadership They will discuss: career in the long-term, conferences’). coach), Ursula Cullen (solicitor, • The importance of mental • How mindfulness can be Queries should be emailed to mindset coach, and legal counsel health, and its significance for applied to, and implemented at, [email protected]. Law Society Gazette | gazette.ie NEWS October 2019 13
PPC HYBRID MAKES SOLICITOR ROUTE MORE ACCESSIBLE Encouraging greater access to 2020). But trainees may be eli- legal education and providing a gible to claim prior credit of up more flexible route to becom- to five months for in-office train- ing a solicitor is a key factor in ing that occurs during the PPC1, the Law Society’s new Profes- together with four months of in- sional Practice Course Hybrid office training credit that occurs (PPC Hybrid), writes Rory O’Boyle prior to the PPC1. This means (Law School course manager). that some trainees will qualify as The course is being launched in early as March 2022. December 2019. This follows the recommen- Future-proofing dations of the Peart Commission Although the PPC Hybrid may Report, which sets out a vision for be of specific interest to those the future of solicitor training in who previously could not com- Ireland. PPC Hybrid is one of its mit to being on-site at Black- key recommendations. Rory O’Boyle (PPC course manager), TP Kennedy (director of education) and hall Place for extended periods, O’Boyle explains: “The PPC Rebecca Raftery (outreach executive) O’Boyle says: “Regardless of their Hybrid is specifically aimed at particular background, entrants delivering a flexible route to the ing: “Trainees attending the PPC five months for in-office train- to the Society’s solicitor training solicitor qualification without the Hybrid are provided with the ing that occurs during the PPC1. can now decide on which route traditional requirement for train- necessary resources to fully assist This is in addition to any credit suits them best in terms of time, ees to be on-site at Blackhall Place and support their learning experi- that might apply prior to the cost, and the preferred method of in Dublin for a full-time, continu- ence,” says O’Boyle. PPC1.” study. ous period. “The course is also structured “We look forward to welcom- “The new course will poten- so that trainees will be able to In-office training ing trainee solicitors of all edu- tially facilitate access for a range continue working during their The PPC1 Hybrid begins in cational and career backgrounds of people, including, for example, legal education, with on-site December 2019 and runs through who previously might not have mature and regional students, tuition occurring primarily at to October 2020. The PPC2 felt able to pursue the solicitor as well as those with parental or once-monthly weekend sessions. Hybrid will run from August qualification,” he says. other family commitments.” “Importantly, if the trainee’s 2021 to December 2021. The PPC Hybrid will start with employment is with a practising The 24 months of in-office an induction day on 18 December Innovation solicitor in the State, the trainee training begins after completing 2019, at which iPads will be dis- The course is delivered through may accrue partial credit of up to the PPC1 (that is, in December tributed and initial online lectures an optimised blended-learning released. Find out more about format, which combines face-to- the PPC Hybrid option, course face tuition with online lectures. ANSWER TO HER PRAYERS! structure, and digital learning Online content will be released to Sinéad NicAmbróis intends resources at www.lawsociety.ie/ ‘play on demand’. to apply for the PPC Hybrid ppchybrid. Spaces available on During the PPC1 Hybrid, ten course. She says: “This is an this course are limited, and places intensive weekend sessions will answer to my prayers, as hav- are offered on a first-come, first- facilitate revision lectures, work- ing to move to Dublin to attend served basis. shops, and small-group interac- the PPC would be quite difficult To be eligible to apply for the tions. In total, the PPC1 Hybrid – not only financially, but also PPC Hybrid, you must first have will comprise approximately 230 practically. passed the FE1s. In order to contact hours. This compares “I am a single mother from secure a place on the course, aspir- with approximately 363 contact Donegal and working as a legal ing trainees must then complete hours for the traditional PPC1 executive at William G Henry & the application form and submit it course. Co, Solicitors. This course will locality, and be near to my fam- to the Law School as early as pos- For the PPC Hybrid, on-site allow me to further my career ily. For me, it’s opening up a hori- sible, to avoid disappointment. To sessions will be supplemented while continuing to work in my zon I never thought possible.” receive an application pack, email: by best practice in online learn- [email protected]. 14 October 2019 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie
SOCIETY REACHES OUT TO STRESSED SOLICITORS
Teri Kelly outlines new research on stress and well-being in the profession – and the supports that the Law Society is putting in place to help members
TERI KELLY IS THE LAW SOCIETY’S DIRECTOR OF REPRESENTATION AND MEMBER SERVICES
hile it is immensely being. Immediate past-president It also revealed that, accord- rewarding, working Michael Quinlan suspected that ing to the WHO-5 Well-being as a solicitor isn’t easy. solicitors in Ireland were also Index, solicitors in Ireland have a InW research commissioned by the suffering. Michael thought Irish lower well-being score than the Law Society (see p28), you told solicitors owed themselves a duty lowest average population score us about the pressure of work of care to look after themselves in the EU. deadlines, client demands, bill- emotionally and psychologi- What the study also showed, able hours’ targets and keeping cally. This is why he initiated a however, is that solicitors want to up with the ever-increasing com- project for the Law Society to know more about how to support plexity of legal practice. Some of increase its supports of the men- colleagues who are experiencing you described working in toxic tal health and well-being of the stress or distress, or are in suicidal workplaces. Sometimes you profession. crisis. It affirmed that we want struggle to balance work stresses In 2018, the Society asked to be there for one another. with the needs of your family or Psychology at Work, an indepen- We understand that build- other demands in your life. dent consultancy firm, to carry ing a community and network As you work to serve your out a study on indicative levels of solicitors who are compas- IN THE STUDY, clients, sometimes you can take of stress and well-being within sionate, who can notice when on their problems as your own. the solicitors’ profession, and on someone is in distress, and 94% OF YOU Experiencing traumatic events is how current mental-health sup- who can be vulnerable and TOLD US THAT not uncommon in the course of ports being offered to Law Soci- imperfect around each other is your work, especially in family ety members are perceived. human, and gives us all a sense of YOU BELIEVE THE and criminal law practice. Disappointingly – but not sur- well-being. There is evidence that legal prisingly – the study concluded In the study, 94% of you told LAW SOCIETY professions around the world that Law Society members expe- us that you believe the Law Soci- SHOULD BE experience high levels of stress rience high levels of stress that ety should be actively engaged that negatively affect practitio- has a negative impact on their in promoting professional well- ACTIVELY ners’ mental health and well- mental health and well-being. being among solicitors, as well as suicide-prevention measures. ENGAGED IN Currently, the Society supports PROMOTING well-being services for members, including LawCare (a mental PROFESSIONAL health and well-being helpline and website) and Consult a Col- WELL-BEING league (a professional practice AMONG helpline). These services are run independently of the Law SOLICITORS, AS Society under rules of total confidentiality. WELL AS SUICIDE- Following the findings of Psy- PREVENTION chology at Work, the Law Society will be doing more to help you MEASURES by providing access to supports, Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH October 2019 15 PIC: SHUTTERSTOCK
guidance, and education on pro- and emotional and psychological they can seek help, THE PROJECT fessional well-being. It is impor- health. The project also aims to • Regular seminars and CPD tant to note that services will address stigma in the profession training on these issues, AIMS TO ADDRESS not be provided directly by the about talking about and seeking • Launch of an opt-in Employee STIGMA IN THE Society. Instead, we will provide help in relation to these issues. Assistance Programme, which signposting to independent ser- The project is getting under- will be of particular help to our PROFESSION vices, which will always adhere to way now. Some of the supports sole-practitioner and smaller- total confidentiality. you can expect to see in the course firm members, ABOUT TALKING of the coming months include: • Mental Health First Aid train- ABOUT AND Well-being Project • Regular articles in the Gazette, ing information and guidance The Law Society has initiated a eZine and on the online (see page 9), SEEKING HELP Professional Well-being Project Professional Well-being Hub • An annual conference on ‘the to provide these practical sup- about mental health and pro- business of well-being’ (the IN RELATION TO ports, education, and guidance fessional well-being topics, first of these is planned for MENTAL-HEALTH across three pillars: workplace • Mental health and well-being April 2020), culture, resilience and well-being, signposts for members where • Best-practice mental health ISSUES Dublin Dispute Resolution Centre Ireland’s Premier Dispute Resolution Venue • Arbitrations • Mediations • Conciliations • Consultations • Seminars • Training
Dublin Dispute Resolution Centre FLAC CONTACTAdvert Aug US 18.qxp_Layout 1 30/08/2018 11:19 Page 1 Distillery Building, 145-151 Church Street, Dublin 7, Ireland Tel: +353 (1) 817 5277 Email: [email protected] TM 1800 882 231 Easy faxing anywhere www.efax.ie/lawsoc
TM 1800 882 231 Easy faxing anywhere www.efax.ie/lawsoc
FLAC IS RECRUITING THE VERDICT IS IN: SOLICITORS AND BARRISTERS THoEp VLEaRwDI CFTir mIS sIN: TCohpo oLsaew e FFiramx®s ® t We are recruiting solicitors and barristers for Choose eFax FLAC Clinics which operate in partnership with Citizens Information Centres through- Why law firms are turning to eFax® as a out the country. Wchhye lawpe fir ramltse ranraet ivtuer ntoin gfa xto m eaFcahxi®n eas a t By volunteering in a FLAC Clinic you can help cheaper alternative to fax machines people in your community to access justice. Ease: Send and receive faxes by email. EParisvea:c Sye: nMda ainntda irne cleieivnet fcaoxnefisd beyn teiamliatyil .with faxes delivered t You need to be available for 2 hours on one securely to you. evening per month and training is provided. Privacy: Maintain client confidentiality with faxes delivered Esefficucrielnyc tyo: ySooul.icitors, barristers and secretaries can share faxes instantaneously 24/7. Efficiency: Solicitors, barristers and secretaries can share fSaaxveisn ginss:t aEnlitmanineaotues hlya r2d4w/7a.re, software and fax machine Please get in touch with us to learn more supply costs. Savings: Eliminate hardware, software and fax machine about volunteering with FLAC. sPurpopdluyc ctoivsittsy.: Easy document management and organisation. APrcocdeuscstibiviliittyy:: EAacscye dsso cyuomure nfat xmesa nfraogmem yoeunrt PanCd, loarpgtaonpi,s taatbiolent. or mobile. Accessibility: Access your faxes from your PC, laptop, tablet Contact Kuda at [email protected] or or mobile. call us at 01 8873600. Contact us at 1800 882 231 and mention Also read more at www.flac.ie/getinvolved Conta“cLtA uWs SatO 1C8”0 0fo r8 8a 23 023-d1a ayn tdr iaml.ention “LAWSOC” for a 30-day trial. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH October 2019 17
guidelines for firms, which will profession will be piloted, isations – including Critical • How to establish suicide-safe be available on the Professional • Guidance on executive coach- Incident Stress Management systems in your workplace, Well-being Hub (see panel), ing and direction for members Network Ireland, Mental • Addiction, • A Peer Support Network, pro- where they can access services, Health First Aid, and National • The psychology of perfection- viding a space for confidential- • Collaboration with mental- Suicide Prevention Ireland – to ism and imposter syndrome, ity, trust, and reflection in the health and well-being organ- understand how they can help • The psychology of belonging members. and how it affects performance at work, You can expect to read about many • Skills for responding appropri- FOCAL POINT professional well-being subjects ately to distressed and/or vul- PROFESSIONAL WELL-BEING HUB in these pages, as well as across nerable clients, and You can find some of the sup- Check back regularly for new other Law Society communica- • How to prevent burn-out in ports developed through the content and supports. tions. Some topics you can expect ourselves, our colleagues, and project, including the Profes- to learn more about include: our staff. • The business benefits of sup- sional Well-being Hub – www. Education lawsociety.ie/wellbeinghub. Training in trauma awareness porting your staff’s mental We want to hear what you think The hub is now live and: skills (children and young health and well-being, about what is planned for the • Provides access to current people), with CPD hours avail- • Employers’ legal obligations Professional Well-being Proj- supports available through able, has been developed by to provide psychologically safe ect. If you would like to get in the Law Society on profes- the Society to provide hands- workplaces, and the benefits touch about this article, or have sional well-being, on, practical skills training for of employee assistance pro- any questions on what the Law • Signposts members those working with children. grammes, Society is planning on well- towards up-to-date infor- The programme began on 11 • How to recognise and prevent being and mental health for mation on emotional and September and will run again bullying behaviour in ourselves, the solicitors’ profession, please psychological supports next February. The course will our colleagues, and our staff, contact professionalwellbeing@ available to them outside equip participants to work • The business damage caused lawsociety.ie. of the Society, and more effectively with children by hostile and aggressive If this article has brought up • Provides guidance, tools, to gain an understanding of work environments, any personal issues or concerns templates, and policies to how to avoid secondary trau- • The benefits of peer support for you, please visit the Profes- support mental health and matisation of children, and to and how to establish supportive sional Well-being Hub (see panel) well-being in the profession. develop self-care techniques. peer relationships for yourself to find a list of independent ser- and for your staff, vices you can connect with.
WHO YOU GONNA CALL? n LAWCARE n CONSULT A COLLEAGUE LawCare’s vision is of a legal community that values, promotes and The Consult a Colleague Helpline is available to confidentially assist supports good mental health and well-being. every member of the profession nationwide with any problem, whether It supports and promotes good mental health and well-being in the personal or professional, free of charge.The volunteers on the panel legal community throughout Ireland. Its mission is to help the legal who provide the service are all solicitors of considerable experience. community with personal or professional concerns that may be affecting Each solicitor is rostered and two solicitors are on call at all times. their mental health and well-being, and to promote understanding of Whoever calls the helpline will hear a recorded message giving the how and when to seek help, without fear or stigma. contact details of those on call. Or if preferred, you can call any of the LawCare helps all branches of the legal profession: solicitors, volunteers on our panel. barristers, barristers’ clerks, judges, legal executives, paralegals, Callers can remain anonymous throughout. If you have a trade mark attorneys, patent agents, costs lawyers and their staff and professional or personal issue or a difficult scenario requiring a second families. Support spans legal life from student through to retirement. opinion, the Consult a Colleague Helpline is there to help you. Tel: 1800 991 801 (free) Tel: 01 284 8484 www.lawcare.ie www.consultacolleague.ie 18 October 2019 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie
JMA SPOTLIGHTS NI RAPE TRIAL INVESTIGATION
BBC Northern Ireland’s Spotlight investigation ‘When is sex rape?’ stood out for the judges at this year’s Justice Media Awards. Mark McDermott reports
MARK MCDERMOTT IS EDITOR OF THE LAW SOCIETY GAZETTE
BC Northern Ireland A total of 120 leading jour- the backstop deal was done – and was the overall win- nalists gathered at the Society’s why Cox blew it apart’. Judges ner of this year’s Justice headquarters in Dublin on 27 described it as: “Brilliant, highly MediaB Awards for its Spotlight June, where they vied for 35 pres- entertaining and searingly insight- programme, ‘When is sex rape?’ tigious awards and merits. ful reporting by a journalist at the The television feature took the “We believe it is hugely impor- height of his powers, amid the top award in the ‘Broadcast Jour- tant to recognise and reward floundering and tension surround- nalism (TV/video)’ category – excellence in legal journalism,” ing the Brexit backstop talks.” and went on to win the overall said Law Society President Pat- The ‘Sunday Print/Online prize. rick Dorgan. “Journalism that Journalism’ award went to Elaine The judges described the work promotes a greater public under- Byrne (Sunday Business Post) for of Richard Newman, Lyndsey standing of the law, the legal sys- her article, ‘Due process aban- JOURNALISM Telford, Gwyneth Jones and Jer- tem, and specific legal issues is doned on the altar of social media’. emy Adams as “encapsulating of immeasurable value – and this The judging panel described the THAT PROMOTES everything that the Justice Media year’s awards recognise some fine article as “gutsy – challenging Awards strive to promote and examples.” widely held public opinions on A GREATER encourage”. the outcome of one of the most PUBLIC The awards are organised by Best of the press high-profile trials ever held on the the Law Society of Ireland and Tony Connelly (RTÉ) won in island of Ireland”. UNDERSTANDING are the country’s longest continu- the daily ‘Print/Online Journal- Jess Casey of the Limerick ously running media awards. ism’ category for his article ‘How Leader took the provincial news- OF THE LAW, paper award for her article: ‘It’s THE LEGAL abuse all over again: legal fight has put former students ‘through SYSTEM AND the mill’.’ “This was an important piece of reporting, focusing on SPECIFIC LEGAL the voice of the victim, and strong ISSUES IS OF analysis of a difficult legal anomaly … ultimately leading to a change IMMEASURABLE in redress scheme policy,” the VALUE – AND judges said. THIS YEAR’S Top of the tower Newstalk’s Andrea Gilligan took AWARDS the top gong in the ‘National Broadcast Journalism’ category RECOGNISE JMA winners: Elaine Byrne (Sunday Business Post), Helen Bruce (Irish Daily for her programme, ‘Sentenc- Mail), Jess Casey (Limerick Leader), Eamon Hickson (Radio Kerry), Fiona ing: crime and punishment’. The SOME FINE McGarry (Clare FM), Frank Greaney (Newstalk), Andrea Gilligan (Newstalk), Richard Newman (BBC NI), Paul O’Donoghue (The Times, Ireland edition), judges praised “the expertise of EXAMPLES Paddy Hayes (TG4), and Lynsey Telford (BBC NI) a deeply credible and influential Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH October 2019 19 ALL PICS: JASON CLARKE PHOTOGRAPHY
The overall winners and merit recipients at the 28th Justice Media Awards expert panel, moderated by a pre- for his series of radio reports article, ‘How labour problems senter with a clear vision ... The titled: ‘The Mr Moonlight trial: in Honduras tainted Fyffes’ fair listener comes away with a strong Mary Lowry takes the stand’. trade image’, was a follow-up to sense of the ‘hows’ and ‘whys’ of The judges praised Greaney’s a previous winning article. Paul’s sentencing in the Irish courts”. daily coverage of the trial, which “detailed, consistent and persis- The local radio category award provided listeners with a compre- tent reporting on the interna- went to Fiona McGarry (Clare hensive account of Mary Lowry’s tional conduct of a major Irish FM) for ‘Bedford Row: sup- evidence. company has already had a posi- porting Clare’s prison families’. tive impact on the lives of work- Described as an “excellent radio Human rights spotlight ers in one of the world’s poorest feature”, it shone a light on an Paddy Hayes (Magamedia/TG4) regions”, the judges said. innovative court project that won in the Human Rights/Social The ‘Newcomer of the Year’ replaced the ‘poor box’ with a Justice category for his docu- award went to Eamonn Hickson special fund that is used to pro- mentary ‘Finné: Martin Conmey’ (Radio Kerry). His “distinctive vide advice, support, counselling about a wrongfully convicted voice” and talent for court report- and vocational training to prison- man’s campaign to clear his name. ing impressed the judges: “Bal- ers and their families. “This excellent documentary ancing complex and sometimes 120 LEADING Helen Bruce (Irish Daily Mail highlights an often unseen side of distressing detail with concise and Extra.ie) was back on the Ireland’s criminal justice system: reporting, he also demonstrates a JOURNALISTS winner’s podium for her court those wrongfully convicted of strong eye for the human impact report titled ‘The Cervical Check the most serious crimes and their of the courts system and its fail- GATHERED scandal’. The judges described it battle for justice,” said the judges. ings,” they said. AT THE LAW as: “Hugely impressive – genuine A series of articles exposing the The 28th anniversary of the Jus- front-page exposé news, centred difficulties faced by Honduran tice Media Awards attracted more SOCIETY’S around the voices of the women workers in their mission to unio- than 220 entries. The awards most affected.” nise won the ‘International Jus- were originally established to fos- HEADQUARTERS In the broadcasting court tice Reporting’ category. Written ter a greater public understanding IN DUBLIN ON reporting category, Frank Gre- by Paul O’Donoghue (The Times, of the law, the legal system and aney (Newstalk) took the award Ireland edition), the winning specific legal issues. 27 JUNE 20 October 2019 ANALYSIS | HUMAN RIGHTS Law Society Gazette | gazette.ie
MR BRIGHTSIDE
US Judge Craig D Hannah believes that drug-use masks despair, and that every addict before his court deserves a shot at redemption. Mary Hallissey reports
MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE
udge Craig D Hannah prays price for his own personal dark “The majority of the individuals silently before he enters side. He grew up in a crime-ridden that I see were living very produc- court each day, conscious of Buffalo neighbourhood, where tive lives. They got an injury and Jthe grave responsibility of his role. drug use was normal. went to seek help for the pain – A practising Baptist, he feels the A cocaine-user at the age of 14, hard-working individuals from judge’s role is akin to that of a lov- he went on a drug binge the night all walks of life, who had families, ing parent knowing what’s right before entering officer train- jobs, maybe even a business sup- and decent, and striving to see ing school for the Marines. He porting other people.” the best in a wayward child. He was drug-tested on arrival and, As doctors gradually realised believes that everyone is capable busted, lost his training place. He the addictive nature of this medi-
of redemption and that jail must describes ruining this chance as a cation and stopped prescribing, PIC: CIAN REDMOND never be an ‘offender warehouse’, lightbulb moment. users turned to the closest alter- but a place of learning how not to “It hurt, but I describe it as the native – heroin. A computerised A COCAINE- reoffend. best day and the worst day of my programme to prevent patients We all have a dark side, Judge life. I always think you are put in from ‘doctor-shopping’ for pain USER AT THE Hannah says. He knows that good a place where you need to be,” he prescriptions sped up the switch AGE OF 14, HE people can make mistakes and says. from prescribed opioids to heroin. that those he sees in his court are That disappointment made “Some of the heroin our indi- WENT ON A at their worst point. “We always him work harder and aim for law viduals were seeking was not actu- have to forgive each other,” he school. ally heroin at all, but Fentanyl and DRUG BINGE THE says. “It’s hard standing in judg- Carfentanil, which are at least 50 NIGHT BEFORE ment. You have to be fair and Diversion ahead times as strong as what they were just and merciful, and you have The drug diversion programme at used to taking. That’s why we had ENTERING to walk humbly with God at his Buffalo court, in upstate New a huge rise in overdoses,” says your side. York, has drawn wide attention. Hannah. OFFICER “I am a custodian of the law. I It’s the first treatment court of In 2017, the number of US TRAINING have to follow the laws in front of its kind in the US, as the search deaths involving opioids (includ- me because men much wiser than continues for ways to counter an ing prescription opioids and illegal SCHOOL FOR THE me came up with them. opioid epidemic sweeping the opioids, like heroin and illicitly “Sometimes my job tells me country. manufactured fentanyl), was six MARINES. HE WAS that I’m not the person who can Hannah’s court is oriented more times higher than in 1999. DRUG-TESTED redeem … that the law says a cer- towards social work rather than On average, 130 Americans die tain offence means you have to go legal work. He sees his job as a every day from an opioid overdose ON ARRIVAL AND, away for a while,” he says. public servant and judge as help- – or a total of 70,200 in 2017 – But where he can, he will offer a ing people become a “better ver- according to government figures. BUSTED, LOST HIS different path. sion” of themselves. “These painkillers were mar- TRAINING PLACE – “Users are self-medicating. His hometown of Buffalo, the keted as being addictive-free, as Most of our clients have co-occur- second biggest city in New York being safe,” Hannah says. “It’s a AN EVENT HE ring disorders. Once you take off State, “really took a hit when the tragedy. Doctors relied on that, the mask of drug use, they have steel plants closed”. Many plant but it was totally wrong, because DESCRIBES AS to deal with the real-life issues, and factory workers suffered inju- they are just as addictive as any A LIGHTBULB which are the reason why they ries leading to chronic pain, for other opiate.” were using in the first place.” which they were then over-pre- Blame for the crisis has spread MOMENT As a young man, he paid the scribed painkilling medication. to the drug manufacturers. Law Society Gazette | gazette.ie ANALYSIS | HUMAN RIGHTS October 2019 21 PIC: CIAN REDMOND
Several US lawsuits are pending ance, housing, education, health Criminal charges are put on because, at arraignment, clients now against big pharmaceutical and transport services] present in hold while drug users engage with make a full admission without firms to hold them accountable court, so that our clients get the the therapeutic process. Though being advised of their rights by for marketing addictive prescrip- treatment they need, regardless of no promises are made, Han- a lawyer. tion drugs as safe, but none has yet whether they have insurance.” nah says public prosecutors have “It only took months [to get full gone to verdict. A lot of the services were been supportive of the process, backing]. We definitely had buy- already in place – Judge Han- once they see an effort to change in from the prosecutors’ office at Cutting the red tape nah’s court became the focal point destructive behaviour. the start, and once we had buy- Judge Hannah believes there are to bring them all together. He Clients are released to treat- in from the defence, everything lessons to be learned from past describes it as ‘community map- ment facilities, but they have to just sky-rocketed,” says Judge mistakes, since ostracising addicts ping’ to pool resources, so clients report to court every day and Hannah. clearly hasn’t worked. “We knew don’t leave court without the obey an 8pm curfew. But he muses that the law is we had to handle this in a much ancillary services in place. Judge Hannah’s court uses pos- ultimately an extremely conserva- more effective way.” “In our programme, we don’t itive language – clients, not defen- tive profession. Many of his col- Defendants before the judge sanction use, we sanction behav- dants, and hiccups, not relapses. leagues find it difficult to accept are sent for treatment at the time iour, because these are individuals He uses these euphemisms to that drug crime is a medical rather of arraignment, when they are with an addiction, an illness. Our build up hope and respect. than criminal problem. charged in his court, usually with job is to change their mind-set The goal is to keep people alive. “It doesn’t go over well at misdemeanours or low-level felo- and give them the habit of doing Of the almost 500 users who have cocktail parties,” he says. “But nies as a result of trying to feed what productive people are doing passed through the programme it’s our job to educate each a drug habit. Addicts get drug – getting up every day and taking since 2017, only three have other. It’s our job to look after treatment within hours of arrest, care of business,” he says. “Most overdosed. the least, the lost, and the over- and behavioural counselling of our clients have burnt every looked. It’s our job to let them within days. bridge to feed their habit, so they Medical, not criminal know that there is a better way “The beauty of it is that we cut are charged with grand theft, bur- The biggest initial opposition to out there. Most of these individ- all the red tape. We have our com- glaries, home invasion, unauthor- the drug diversion programme uals don’t even want help. But munity partners [offering insur- ised use of vehicles.” was from defence lawyers they trust lawyers.” 22 October 2019 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie
A STITCH IN TIME…
Though ultimately a matter for lawmakers, the ex officio obligation on courts to assess the unfairness of contractual terms under the Unfair Contract Terms Directive could perhaps usefully be placed on a legislative footing, says Max Barrett
MAX BARRETT IS A JUDGE OF THE HIGH COURT OF IRELAND
he High Court, in AIB v contended to sit uneasily in our that the fundamental essence of Counihan ([2016] IEHC common law/adversarial justice mortgage agreements is that, if 72), a judgment of this system. At least two points, how- scheduled loan repayments are Tauthor, acknowledged the ex ever, can be made in this regard. missed, the secured asset may be officio obligation existing under First, the ECJ has repeatedly repossessed. The sad reality is ECJ case law for a national pointed to the existence of the that the overwhelming majority court to assess, of its own ex officio obligation. It would be of repossession cases turn simply motion, whether a contractual surprising if a court that includes on that fundamental principle” term falling within the scope of Irish, and (for now) British, judges (Martin, E, 24(4) Commercial Law the Unfair Contract Terms Direc- never recalled in those decisions Practitioner 71, 76). tive (93/13/EEC) is unfair. that Ireland and Britain have Another possibility is that all That judgment was delivered adversarial justice systems. consumer contracts considered by reference to the decision of Second, looking to the ratio- by the courts to this time, in the the ECJ in such case law as Aziz nale that informs the ex officio discharge of their ex officio obliga- (Case C-415/11). obligation, being the need for the tion, have been carefully drafted This article considers certain imbalance between consumer and with the directive in mind. ONE POSSIBLE themes that might be perceived seller/supplier to be corrected by A further possibility is that, SURPRISE, POST- to arise from the above case law positive action unconnected with while unfair terms may exist, con- and related decisions (see also the parties to the contract, this is sumer debtors do not typically COUNIHAN, IS Gazette, April 2017, pp40-43). clearly an issue that affects con- seek in their pleadings to assist the sumers in common and civil law courts by identifying such terms THAT THERE Ex officio obligation jurisdictions. as they consider to be unfair and/ DOES NOT There is a slew of binding ECJ It follows that, although the or to operate unfairly in their par- case law concerning the ex offi- form of the obligation may seem ticular context. It is not necessary APPEAR TO BE cio obligation. The Irish courts unusual, any notion that the ECJ that consumer debtors should do seek always to implement obli- perceives the benefit of the obliga- so, and I do not mean to suggest ANY REPORTED gations incumbent upon them tion to be confined to consumers that unfair terms have ever passed CASE LAW IN under binding ECJ case law. in civil law jurisdictions is uncon- muster before the courts. How- Separate from Counihan, the vincing. ever, it would seem likely to assist WHICH UNFAIR ex officio obligation has now consumer debtors if a court were been accepted in Ireland in EBS Unfair terms presenting to be informed – albeit that it TERMS HAVE Ltd v Kenehan ([2017] IEHC One possible surprise, post- would not be limited in its analy- BEEN IDENTIFIED 604). Moreover, various judges Counihan, is that there does not sis – as to the particular concern(s) of, for example, the High Court, appear to be any reported case law that a particular consumer consid- BY AN IRISH have repeatedly discharged the in which unfair terms have been ers to present in her or his case. COURT UNDER ex officio obligation in numerous identified by an Irish court in the cases. So the ex officio obligation exercise of its ex officio obligation. Main subject-matter THE DIRECTIVE is both recognised and realised One commentator suggests that Article 4(2) of the directive states: by the Irish courts. the reason this may be so, in the “Assessment of the unfair nature Any views expressed in this article are The inquisitorial nature of mortgage/repossession context, is of the terms shall [not] … relate personal the ex officio obligation might be that: “All borrowers understand to the definition of the main sub- Law Society Gazette | gazette.ie COMMENT?????????? || VIEWPOINT?????????? October 2019 23 PIC: SHUTTERSTOCK
ject matter of the contract nor… directive may yet arise for further arising under ECJ case law, any necessary change is that, for insofar as these terms are in plain consideration in future case law. 4) To have regard to the involve- example, in Tomášová v Sloven- intelligible language.” Can consumers have cause for ment of a lawyer when a con- ská Republika (Case C-168/15), Article 4(2) has given rise to complaint regarding a contract tract was concluded appears the ECJ has signalled that there difficulty across the EU. As the if they took legal advice on that to assume (a) an equality of can be potential financial impli- European Commission notes in contract before it was concluded? expertise in all practice areas cations for a member state in a relatively recent working docu- A number of points might be among all lawyers, and (b) that the, admittedly unlikely, event ment issued as part of a ‘fitness made: a consumer client’s instruc- of manifest infringement by a check’ of European consumer 1) The directive draws no express tions necessarily embraced the last instance court of EU law, or law (SWD [2017] 209 final, 23 distinction between consum- seeking of advice in relation to breach by such a court of well- May 2017), “There is … a degree ers aided/unaided by a lawyer, the directive, as implemented. established ECJ case law. of uncertainty about the mean- 2) Any emphasis on the involve- To ensure the protection of ing of the [term] … ‘main subject ment of a lawyer when a con- Legislative change vulnerable consumers, the need matter’.” tract was concluded sits uneas- In the UK, the ex officio obliga- for demonstrable compliance In Kearney v Permanent TSB plc ily with the observation of the tion has now been placed on a with the ex officio obligation ([2018] IEHC 159), which seems ECJ in Faber (Case C-497/13) formal footing by the Consumer cannot, perhaps, be overstated. to be the sole written judgment that whether a consumer is Rights Act 2015. Though a matter ultimately to this time that indicates arti- assisted by a lawyer or not can- If Irish civil procedure legisla- for lawmakers, it might be con- cle 4(2) expressly to have been not alter the effectiveness of tion has to change to accommo- tended that an optimal way of raised as an issue, the point was the protection of EU law, date the binding requirements delineating the scope of, and met by the court’s finding that 3) It seems to follow from (2) that, of ECJ case law, directed to ensuring ongoing compliance those proceedings were not con- to have regard to the fact that the laudable end of protecting with, the ex officio obligation cerned with terms defining the a consumer was so assisted, vulnerable consumers, then it would be to place it on a legis- main subject-matter of the con- would depart from the para- has to change. lative footing, whether through tract before it. This aspect of the digm of ex officio assessment A possible further incentive for statute or otherwise. 24 October 2019 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie
IN THE TRENCHES
When RTÉ does Reeling in the Years for 2019, Brexit is likely to dominate – but the producers will have to hand over a decent segment to the insurance crisis. Stuart Gilhooly reports from the front line
STUART GILHOOLY IS A PARTNER WITH DUBLIN LAW FIRM HJ WARD AND CO
he reasons for the egre- This would not be a prob- being. How long this will take gious treatment of small lem were it not for two factors. is unclear, as it presumably will businesses by insurance The political mood-music was require some formal infrastruc- Tcompanies have been argued to less ‘gentle classical’ than it was ture around it. the point of tedium, but it bears ‘heavy metal’. Although the Min- Once the council has com- saying one more time. The outra- ister for Justice was judicious menced operations, it will, at its geous increase in premiums and, and measured in his pronounce- first meeting, specify a date on in many cases, outright refusal to ments, the same cannot be said which it will establish a PIGC, quote certain industries has little for some of his colleagues. Much not later than three months after or nothing to do with damages – was made of the necessity to sub- that first meeting. The PIGC will which have not increased, but in stantially reduce damages. This comprise one judge from each fact decreased, over the course of may create an issue if a consti- of the Supreme Court, Court of the last six years. tutional problem arises in the Appeal, Circuit Court and District The level of damages in Eng- future, given the clear necessity Court, two judges of the High land and Wales are often cited for the legislature to keep their Court, and one other judge from as an antidote to our insurance counsel on the level of damages either Circuit Court or District crisis. This is patent nonsense – which is clearly a matter for the Court. All seven judges will be IS IT MORALLY that is not backed up by a shred courts, as envisaged by the doc- nominated by the Chief Justice, of evidence. What we do know trine of the separation of powers. who will also determine the chair- RIGHT THAT is that damages are lower in that person. jurisdiction but, as demonstrated Onerous timeline There will be no membership A PERSONAL by UCC economist Martin Ken- A further issue arises, however: outside of these seven judges, INJURIES VICTIM neally (see September Gazette, the undue haste with which the and they alone will determine the p40), motor insurance premiums legislation was ultimately drafted guidelines. However, they may SHOULD BE are, in fact, higher there than and passed. In the first instance, consult with anyone they deem in this country. All the evidence it has created a timescale that is appropriate. In this regard, spe- PENALISED BY suggests that damages award lev- highly optimistic for a judiciary cific mention is made of PIAB. In A LEGISLATURE els play no substantial role in the that is also expected to dispense addition, they may seek records calculation of premiums. justice over the same period. Sec- or conduct research on damages THAT DOES NOT Be that as it may, the furore ondly, however, it does not seem awards, both here and abroad, as APPEAR TO HAVE around the issue and the successful to have considered the ramifi- well as refer to settlements. lobbying by the insurance indus- cations of creating a new set of The first meeting must take CONSIDERED try and various business groups guidelines that may be entirely at place within one month of estab- to Government has convinced the variance with those currently in lishment of the PIGC. While THE RIGHTS legislature that the recommenda- place – the Book of Quantum. these timelines are perfectly rea- OF THE VICTIM tion of the Personal Injuries Com- Before examining these poten- sonable, the ambitious and prob- mission to provide a power to tial pitfalls, let’s look, in sum- ably unrealistic element is the TO BE AS the proposed Judicial Council to mary, at what the legislation requirement to produce the first produce personal injuries guide- actually proposes. draft of guidelines to the board IMPORTANT AS lines should be prioritised. This is The Personal Injuries Guide- of the council within six months THOSE OF THE a perfectly laudable objective and lines Committee (PIGC) cannot of establishment. The judges will has resulted in the judicial council come into existence until the have to find time outside of their WRONGDOER? legislation being fast-tracked. Judicial Council itself comes into day-to-day court hearings to com- Law Society Gazette | gazette.ie COMMENT | VIEWPOINT October 2019 25 PIC: SHUTTERSTOCK
plete this hugely onerous task. other discussions or conferences. tion of a PIAB award and the and is then denied his costs by a The content of the guidelines It is notable that the level determination of damages in a court with no discretion to award is critical. Although much discus- of insurance premiums in this court case. This can often take them, he could legitimately argue sion has taken place in the media, country is not referred to as a several years. his constitutional rights have been the Dáil, and in the pub as to factor in such consideration. If, for instance, damages in the violated. the appropriate level of dam- new guidelines are considerably Similar considerations arise in ages, our judiciary, in the form Issues of application lower than those in the BOQ (and situations of tenders or lodge- of the PIGC, will be aware of However, it is in the practical let’s not pretend that this isn’t the ments, although judicial discre- the separation of powers and will application of the new guidelines expectation of many looking in tion does allow for special cir- have regard only to the legisla- that serious and possibly consti- from the outside), then the provi- cumstances that could be argued tion. Section 90(3) of the act sets tutional problems may arise. As sions of section 51A of the PIAB in that situation. However, no out the matters it must consider things stand, the Book of Quantum (Amendment) Act 2007 may pose a such discretion exists in the case in preparing or reviewing draft (BOQ) compiled by PIAB gov- constitutional question. of section 51A, which has not guidelines. These are the level erns damages in the State. Sec- This states, essentially, that if a been repealed and for which of damages awarded in courts in tion 22 of the Civil Liability and claimant rejects an award that is no transition period is contem- this State, in courts outside this Courts 2004 requires the courts accepted by the respondent, and plated. State that the committee may to have regard to the BOQ when fails to obtain a higher award in Aside altogether from legal consider relevant, the principles assessing damages. This section court proceedings, then no award or constitutional implications, is for assessment of damages laid will now be amended to require of costs may be made by the court. it morally right that a personal down by our superior courts, the courts to have regard to the So, say for instance that a injuries victim, injured by the guidelines for classification of guidelines and, “where it departs claimant rejects a PIAB assess- negligence of another, should personal injuries, the need to from those guidelines, state the ment using the BOQ as its be penalised by a legislature that promote consistency, and such reasons for such departure in giv- guide and then, some years later, does not appear to have consid- other factors as the committee ing its decision”. receives a lower award due to a ered the rights of the victim to or board considers relevant aris- The difficulty arises in the pas- radically different damages pro- be as important as those of the ing from documents received, or sage of time between the rejec- file in the form of the guidelines, wrongdoer? BOOK NOW
LAW SOCIETY GALA 2019 SUPPORTING THE SOLICITORS’ BENEVOLENT ASSOCIATION Friday 11 October 2019 Shelbourne Hotel, Dublin.
SPECIAL GUEST: Oliver Callan Star of ‘Callan’s Kicks’, Ireland’s top impressionist and satirist
This October, the Law Society Gala 2019 will take place in the historic Shelbourne Hotel in the heart of Dublin. This black-tie dinner raises funds for the Solicitors’ Benevolent Association (SBA) and is a social highlight for the solicitors’ profession.
Guest speaker Oliver Callan is back by popular demand to entertain guests for the evening.
Table dinner package for 12 guests: €2,400 (plus VAT). Individual dinner seats: €200 (plus VAT) per person. To book your place, visit www.lawsociety.ie/gala Law Society Gala profits will be donated to the Solicitors’ Benevolent Association, which provides assistance to members or former members of the solicitors’ profession in Ireland and their wives, husbands, widows, widowers, families and immediate dependants who are in need. Law Society Gazette | gazette.ie COMMENT | LETTERS October 2019 27
‘DEFENSIVE MEDICINE’ – A BLAME GAME? From: Robert Harley, Harley for his patient, that order must be Associates, Inc, 11th Avenue, approved by the patient’s medical Brooklyn, NY 11218 insurance company. That insur- he phrase ‘defensive medi- ance company bases its decision cine’ in an article in your on whether the MRI is medically MayT issue (see ‘Just what the necessary and upon the compa- doctor ordered’, May Gazette, ny’s goal of containing costs (not pp38-41) caught my attention. necessarily in that order). The I have had a 55-year career in patient’s insurance company has medical malpractice litigation in no interest in the abstract (to it) New York, five years defending goal of preventing Dr Smith from such cases, 30 years representing being sued. patients, and the last 20 as a medi- If, on the other hand, ‘defensive ator attempting to settle cases on medicine’ means exploring every behalf of both sides. diagnostic purposes, but rather this sort of ‘defensive medicine’ is reasonable cause for a patient’s dis- I’m not sure what the phrase to establish the fact that the treat- one of the drivers of the high cost tress and, given that a claim against means in Ireland, but in America ing doctor has done everything of American medical care. It is a the doctor can only be successful it is an article of faith among some possible for the patient – a fact reflexive trope: blame the lawyers. if she negligently fails to consider in the medical profession that that can be used in the defence That this belief is a fantasy is and test for all reasonable possi- many expensive tests and studies of any claim against the practi- easily demonstrated. When Dr bilities, then defensive medicine are ordered, not for legitimate tioner. This argument holds that Smith orders, let us say, an MRI is a practice we should all support. GDPR A ‘KAFKAESQUE MONSTER’ From: Richard E McDonnell, ‘compensation culture’. vidual whose GDPR rights have so on? If this is not implemented Market Square, Ardee, Co Louth Maybe the penny will drop been (accidentally) infringed. For quickly, I fear that thousands of s it finally starting to dawn on when the Government itself is hit example, €500 per civil claim for small companies will be hit with EU bureaucrats and the Irish with thousands of claims for dam- companies with an annual turn- claims they can’t afford to meet, Ipoliticians who implemented them ages for the Public Services Card over of less than €1 million, and and be put out of business. that, in the GDPR, they have cre- debacle (and lots more in a simi- ated a Kafkaesque bureaucratic lar vein to follow), and which will monster, which is only beginning make the army-deafness claims INTERIM PAYMENT to show its voracious teeth? seem like a mere bagatelle by As usual, draconian laws were comparison. SUCCESS! imposed on us all without anyone The only corporations huge From: Caroline Fanning, Fanning flow. The issue of taxation of thinking them through and under- enough not to be wiped out by & Associates, Foxrock, Dublin 18 costs is a contentious one, as it standing what they would mean such mass claims, ironically, hank you to the Gazette and can take months and a lot of time for the ‘little people’ who have to will be the very ones that the Karl Shirran BL for the and expense to set a matter down live with them. GDPR insanity was designed to excellent,T useful, and practical for taxation. A perhaps well-meaning ini- curb. Maybe the next time dras- article on getting interim pay- Solicitors acting for private tiative to curb the supranational tic changes are introduced, the ment on account for fees owed clients who successfully defend powers of vast corporations (such bureaucrats and politicians might (typically from insurance com- proceedings taken by a person as Google, Facebook and Amazon, think them through first, and panies) from the High Court in receipt of legal aid can apply, for example) and their access to and try to understand what they will (see May Gazette, p46), which I pursuant to section 36 of the retention of personal information, mean on the ground for ordinary successfully obtained on 20 June Civil Legal Aid Act 1995, to the will ultimately (if left unchecked) people trying to make a living. 2019 from Mr Justice Cross. Legal Aid Board for an ex gratia wipe out huge swathes of SMEs In the meantime, I would urge Judge Cross stated that it was payment towards the legal costs as they get sued for unintentional a suspension of the GDPR until his practice to award an interim incurred. The board has the dis- breaches by a litigious public (in they can get it right and, immedi- payment equating to half the bill, cretion, both in relation to the this country), in what Govern- ately, a nominal limit (on a sliding and not to make an order of costs making of the payment and the ment spokespeople and the broad- scale) on how much compensa- in these applications. amount considered appropriate, cast media regularly refer to as our tion should be payable to an indi- Every business needs cash- to make such a payment. 28 October 2019 COVER STORY Law Society Gazette | gazette.ie
Sunshine ON A RAINY DAY
The Law Society recently commissioned a nationwide survey to learn more about members’ mental health and well-being. Worryingly, solicitors’ well-being appears to be considerably lower than the EU average population score, write Eoin Galavan and Tom Millane
DR EOIN GALAVAN AND TOM MILLANE ARE PSYCHOLOGISTS AND DIRECTORS OF PSYCHOLOGY AT WORK Law Society Gazette | gazette.ie COVER STORY October 2019 29 PIC: SHUTTERSTOCK 30 October 2019 COVER STORY Law Society Gazette | gazette.ie
s a group, legal professionals are of respondents stated they had experienced a often perceived as powerful, mental-health problem in the last month”. impervious to stress and strain, AT A GLANCE The US National Task Force on Lawyer and financially protected. The n The OECD says that the estimated Well-being, in its 2017 report The Path to social image, however, is cost of mental ill-health to the Irish Lawyer Well-being, highlighted the issues and perhaps too often far from economy is €8 billion annually outlined a strategy for addressing mental- the truth when it comes to mental health. n A Law Society report shows that health concerns. Similar activity has been A growing social movement recognising solicitors have a lower well-being undertaken in England, Scotland, Australia the importance of workplace well-being, score than the lowest average and Canada. and the serious potential consequences for population score in the EU our mental health resulting from workplace n Women reported statistically higher The view from Ireland stress, has prompted further reflection. levels of stress than men In early 2018, then Law Society President Specifically, are those practising law in n The current level of demand and Michael Quinlan led the charge to determine Ireland suffering as a result of workplace workplace stress is likely making the picture of mental health among lawyers stress? What impact might this have on their ordinary well-being and mental in Ireland. As a starting point, the Society’s mental health and ability to work effectively? health unsustainable Council agreed to conduct research into the Mental-health concerns rank among the n Stigma is a major barrier to role of the mental-health supports that were most frequent reasons for work-related seeking help for mental-health being offered by the Society to its members, illness and absence, with, for example, problems and to ascertain their levels of stress and 91 million workdays being lost in Britain well-being. due to symptoms of mental illness. The cost Psychology at Work (CLG) was tasked to society is significant, with a recent 19%, and 23% experiencing symptoms of by the Law Society with the initial research, OECD report estimating the cost of depression, anxiety, and stress, respectively which was completed in late 2018. The mental ill-health to the Irish economy as (Krill et al, 2016). research comprised focus groups with Law €8 billion annually. These findings are not unique to the US. Society members from around the country, It has also been increasingly recognised, The 2018 Resilience and Well-being Survey interviews with individual members, and a both nationally and internationally, that Report by the Junior Lawyer Division of the 38-item online survey, with approximately stress and other mental-health issues are Law Society of England and Wales notes 5% of the total membership taking part. an area of central importance within the that “more than 90% of respondents had The findings may contain ‘selection legal profession. A recently published US experienced stress in their role, with 26% bias’ – perhaps only those who were very survey noted that mental-health problems of those respondents experiencing severe/ stressed at work responded, or perhaps among attorneys were significant, with 28%, extreme levels of stress … More than 38% many who were very stressed didn’t have the time to respond? As such, the findings are considered a likely but not definitive, representation of the membership as FOCAL POINT a whole.
PEER SUPPORT Key findings The Law Society has a key role in both believed the Law Society should be Overall, the results suggest that members providing supports and supplying actively engaged in professional well-being frequently experience high levels of stress information about external supports to activities and suicide-prevention measures. that negatively impact on their mental health its members. There is a perceived need In response, 94% said ‘yes’. and well-being, with 57% describing very among survey respondents for increased Based on these findings, a steering high or extreme levels of stress. training, support, crisis-management group was convened, which is There are many elements of working skills, and information regarding stress, currently tasked with delivering the life that might be causing high levels of trauma, and mental health and well-being. recommendations of this research (see stress. Participants were asked about the Peer support appears to be a valued and p18). These include: causes of their stress. The largest categories somewhat untapped channel of support. • Developing support networks, included ‘workload is too big’ (16%), ‘clients We asked members whether they • Exploring employee assistance expectations are too high’ (15%), and would like to be given information about programmes (EAP) and other ‘insufficient time’ (12%). Other categories accessing psychological and emotional organisational structures relevant to well- included ‘impacts on personal life’, ‘toxic supports outside the Law Society. In all, being and mental health, workplace’, ‘bullying’, and ‘anxiety and fear’. 78% answered ‘yes’. • Improvements in education, and Approximately half the respondents We asked members whether they • Training. indicated that their mental health had been affected to a significant degree by the Law Society Gazette | gazette.ie COVER STORY October 2019 31
ONE OF THE TELLING MOMENTS WAS WHEN SEVERAL INDIVIDUALS SPONTANEOUSLY OFFERED, “I WOULDN’T RECOMMEND THE LAW TO MY CHILDREN”, AS AN INDICATOR OF HOW DIFFICULT AND CHALLENGING THEIR CAREER PATH HAD BECOME PIC: SHUTTERSTOCK
stress in their working lives. The negative low level of well-being among those who decreases, further suggesting a corrosive impacts of workplace stress on mental health, responded. relationship between stress and overall according to respondents, included insomnia, In a 2012 European Quality of Life well-being. anxiety, depression, as well as physical-health Survey, people in Britain scored an average problems. Around two-thirds of respondents of 59 out of 100 on the WHO-5 index. High levels of stress noted that stress was a negative factor on their This was the same score as Slovakia and There were some differences in self- ability to do their work. Poland, and was lower than the EU-28 reported levels of stress across types of work average of 63. Denmark had the highest environments and gender. Stress levels were Well-being index mean score (70), while Latvia had the highest among sole practitioners and lowest The survey also included the WHO-5 lowest (56). among in-house/public-sector environments. Well-being Index. This is a widely used The average for the Law Society’s group It should be borne in mind, however, that all five-item questionnaire designed to assess of respondents was 51. As such, solicitors groups reported high levels of stress. subjective psychological well-being. who took part in the survey had a lower There was a significant difference in the Individuals’ responses are combined well-being score than the lowest average levels of self-reported stress depending on into a single score out of 100, with ‘100’ population score in the EU. This suggests a years of experience, with those in the first five representing the best imaginable and ‘0’ profession-based problem contributing to a years post-qualification and those with 16-20 representing the worst imaginable well- lower level of well-being. years since qualification having significantly being. The average score for respondents It also appears from the survey data that, higher levels than others. It is possible that was calculated and suggested a relatively as member stress increases, well-being early career challenges and mid-life challenges 32 October 2019 COVER STORY Law Society Gazette | gazette.ie
SURVEY RESULTS: STRESS AT WORK
Psychology at Work carried out a study for the Law REASONS GIVEN FOR EXPERIENCING STRESS Society towards year-end 2018 to gain information on stress and well-being in the profession. 25% Approximately 5% of the total membership (557 individuals) of the Law Society responded to the survey. Consultation with key Society 5% staff, lawyers, and focus groups 6% from around the country 18% Nearly half of also took place. respondents indicated 7% that their mental health had been affected to a significant degree by 8% 12% the stress in their working life. 9% 10%
Job is overwhelming Client expectations NEGATIVE IMPACTS OF WORKPLACE Toxic workplace STRESS ON MENTAL HEALTH Fear of not meeting deadlines Family life affected Decrease in WORRYING TRENDS self-confidence 11.4% Negative culture 16.2% Expectations too high 8.8% 78% 66% 57% No support
8.1% Regularly Stress Very high experience negatively or extreme 26.6% 7.1% significant impacts on levels of stress at ability to work-related 5.7% work work stress 4.7% WHERE SHOULD THE HELP COME FROM?
1% 2.4% 2.4% 3.7% 1.9%
Insomnia Self-doubt Anxiety Panic attacks Physical problems Worry Irritability Medication PSYCHOLOGICAL AND PROFESSIONAL EMOTIONAL SUPPORTS: WELL-BEING ACTIVITY: Depression Burn-out Family life affected Seeking 78% 94% Tiredness professional said from outside said from within help the Law Society the Law Society with work and family-life balance, coupled psychometric properties of the scales used, or how stress in the workplace is experienced, for with increasing responsibility, account for a real level of stress that is different between example, child care. these ‘stress spikes’. men and women. It is possible that women As such, while the statistical levels are sig- Women reported statistically higher are subject to different or more stressors in nificantly higher, it is unclear without further levels of stress than men. It is unclear if this the workplace, experience stress differently, or study what might account for this higher level reflects a ‘willingness to report’ bias, the have other extraneous variables that influence of stress among women. Regardless, both Law Society Gazette | gazette.ie COVER STORY October 2019 33
OUR RESEARCH WOULD SUGGEST THAT, FOR MANY, THE CURRENT LEVEL OF DEMAND AND WORKPLACE STRESS IS LIKELY MAKING ORDINARY WELL-BEING AND MENTAL HEALTH UNSUSTAINABLE
Our research would suggest that, for many, the current level of demand and FOCAL POINT workplace stress is likely making ordinary INTERESTING OBSERVATIONS well-being and mental health unsustainable. One of the telling moments for us as • Stress levels were highest among sole to report’ bias, the psychometric researchers was when several individuals practitioners, and lowest for in-house properties of the scales used, or a real spontaneously offered “I wouldn’t and public-sector practitioners, level of stress that is different between recommend the law to my children” as an • Stress levels were highest for members men and women), indicator of how difficult and challenging starting out in their legal careers (one to • There is a perceived need for increased their career path had become. five years post qualification) and in the training, support and information mid-career stage (between 16-20 years regarding stress, trauma, mental health post qualification), and well-being in the profession. The need for change Reflections of, at times, cynical, ‘old school’, • Women reported statistically higher • Peer support appears to be a valued hostile and somewhat tokenistic attitudes levels of stress than men. (It is and somewhat untapped channel in the towards mental health and well-being unclear if this reflects a ‘willingness profession. in the workplace were noted. Individual testimonies to the challenges and distress experienced have left no doubt that members women and men are reporting ‘moderate’ to ‘good’ in anything when well-being or perceive a need for change. ‘high’ levels of stress that appear to be mental health deteriorates. The quality of What seemed clear to us as we spoke to of significant concern to many. work-related performance suffers, quality members was that many people are suffering, The current supports (LawCare and of life suffers, and people suffer. The often privately, with the stigma and fear of Consult a Colleague) are known about, but workplace can be an environment that being judged critically in the workplace – very rarely used, including by those who brings great benefits, including a sense of very real barriers to seeking help. Stigma is report being most stressed and whose work accomplishment, meaningful contribution, a major barrier to seeking help for mental- is suffering as a result of stress. Feedback of valued relationships, and financial security health problems, and some workplaces, the usefulness of these services, when used, – but only if the stress and demands of the through ultra-competitive culture or was mixed. workplace are manageable and not permitted normalising the overloading of staff, can There is no joy, no satisfaction, no to become deleterious to mental health. become inadvertently, but actively, hostile towards those who may need help. No group is impervious to developing mental-health problems – about one in FOCAL POINT four adults will experience a mental-health problem at some point in life. Ironically, VICARIOUS TRAUMA while the public persona of the legal Recent research has focused on the its classification of post-traumatic stress profession may seem to represent a group of potential impact of vicarious trauma (VT) disorder. Among its impacts are: people impervious to mental-health issues, on lawyers who are exposed to particularly • Psychological distress, emotional the lived reality may be very different. difficult cases. US lawyers may experience difficulties, and sleep disturbances, It is greatly encouraging that the Law significantly higher levels of VT and burn-out • Cognitive changes in the ability to trust Society is championing the importance of than US mental-health clinicians and social- others, and mental health in the workplace. And it is service workers. • Relational disturbances like challenges worth noting that IBEC’s KeepWell Mark The Diagnostic and Statistical Manual with intimacy, detachment, and a loss of was awarded for the first time to a law firm, (fifth edition) includes vicarious trauma in the sense of safety and trust. William Fry, in 2018 – hopefully a sign of things to come. 34 October 2019 PROFILE Law Society Gazette | gazette.ie
Moore’s Almanac Corkman Geoff Moore will be installed as managing partner of Arthur Cox in November. Mary Hallissey meets the man who is set to lead the country’s biggest law firm during a time of massive flux in the Irish legal market
MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE
he man who will lead Ireland’s top law firm for the be of huge assistance in data interrogation or next four years believes that part of his job is to remain regulatory investigation projects. “slightly paranoid” on behalf of the business. Corkman “There are tools that can do this stuff far quicker Geoff Moore will be installed in November as and far cheaper and, frankly, it means we can give more managing partner at Arthur Cox, at a time of massive interesting work to our junior lawyers,” says Geoff. flux and challenge for the Irish legal market. He is watchful on behalf of the Arthur Cox brand Best decision ever made and business, as it gears up for its centenary year in 2020: Soon to be leading a team of around 300 lawyers at the swish “Any law firm is only as good as its next set of instructions,” he Arthur Cox HQ in Earlsfort Terrace, Cork-born Moore reflects points out, as he takes the helm at the firm that has the highest that moving to Dublin was the best decision he ever made. number of practising solicitors in the country. “I am never Despite being equipped with an excellent UCC law degree, complacent about any of our competitors. I take nothing for opportunities were thin on the ground in Ireland’s second city granted,” he says. during the mid-1990s. Moore also increasingly sees the Moore proceeded to do a two- big consulting firms, such as Deloitte year research-based MLitt at Trinity and KPMG, expanding their legal AT A GLANCE College on the law of fundraising – a offerings. He is determined that his firm n Guarding against complacency hot topic in an area largely unregulated will stay nimble. n Meeting clients’ demands at the time. “If we continue to do things the way n Emotional intelligence and He was subsequently hired as a we’ve done them historically, that’s not communicating with clients research assistant at the Law Reform necessarily going to wash any more. n Hiring the best talent Commission, clerking for retired Our clients’ demands and environments n Being culturally different Supreme Court judge, the late Mr are changing.” n Healthy rivalry and the drive for Justice Anthony Hederman. The business has invested heavily in excellence He then joined Arthur Cox as an digital transformation. Technology can apprentice in October 1998 but, having Law Society Gazette | gazette.ie PROFILE October 2019 35 ALL PICS: CIAN REDMOND 36 October 2019 PROFILE Law Society Gazette | gazette.ie
He brought this international dimension back to Arthur Cox in 2003. He was made partner within four years, and has held a host of management roles in recent years. Many others at the firm have similar international legal experience.
Global network Arthur Cox has a blue-chip list of domestic clients, but has been enjoying increasing growth in international work, often acting for Irish corporates expanding abroad or foreign ones coming here. In this, it has the benefit of close ties to leading firms in other jurisdictions. “To the extent that our domestic clients are doing significant work abroad, we seek to work with them there … with our network of friendly law firms around the globe.” Where significant Irish corporates seek to acquire assets abroad, Arthur Cox will run the deal, “rather than thrusting the client straight into a culture with which they may not be familiar. That’s a differentiator, frankly,” he says. Moore is obsessive about attracting, developing and retaining the best talent. The firm takes in about 45 trainees each year. “At our core, we’re a people business,” he says, observing that good judgement can never be outsourced to robots or technology. “Fundamentally, clients look for judgement and expertise for their most critical mandates and their most significant deals,” he says. “We can’t provide the service we need to provide unless we have the talent.” He is keen to continue to cast the secured a green card, took off for New York “I learned so much. The work practices recruitment net beyond the traditional following qualification and a stint in a “very and standards of a leading international law sources, pointing out that Arthur Cox intense” environment at a New York law firm, firm were very exciting to me back then,” sponsors a range of initiatives at most where he was also admitted to the bar. he says. universities. “We don’t pin ourselves too much to one particular university,” he says, pointing to the growing need for broader life experience and a diverse workforce, and the THE FIRM PUSHES AGAINST A avoidance of homogeneity and groupthink. CULTURE OF ‘PRESENTEE-ISM’, AND “In any walk of life, you don’t want WANTS ITS STAFF TO ‘WORK SMART’ people who are all thinking the same way.” – PUTTING IN THE HOURS WHEN I’ve got the music in me He freely admits that, in the past, Arthur IT’S NEEDED, BUT LOGGING OFF Cox was less open to recruiting non-law WHEN IT’S NOT graduates. The vast majority of hires Law Society Gazette | gazette.ie PROFILE October 2019 37
I’D FAR PREFER, IF SOMEONE IS LEAVING, THAT THEY COME AND TALK TO US, RATHER THAN RELYING ON RECRUITERS. WE MAY KNOW OF POSITIONS THAT RECRUITERS WON’T KNOW ABOUT
used to be law grads, but now the firm is The legal market has evolved, with practitioner, so Blackhall Place and other interested in recruiting those with diverse many summer interns getting traineeships law schools have to cover all bases. degrees, such as music, history, computer on the back of four weeks in the office. People skills and emotional science and tech. “Sometimes, hiring decisions are intelligence are absolutely essential in “We’ve got to keep an open mind about being made very early in a person’s lawyers, he believes, and while a decent getting the best talent,” he says. He wants college career,” he observes, adding that percentage of this may be an innate skill, to nurture, train, and hold onto incoming maturity and intelligence tend to increase people can always get better. trainees. exponentially as time goes on. “You can talk about tech and artificial The key source of talent is the firm’s On legal education, Moore comments intelligence all day long, but you’ve got graduate recruitment programme, and a that law graduates are often struck by how to relate to your clients. If you don’t, significant amount of resources and partner vastly different their daily work is from things become a challenge.” time is spent on carefully reviewing 800- the modules they learned at college. “It 900 applications each year. is practical application and dealing with Emotional intelligence “We are looking for a bit of drive, people and with problems – rather than “And it’s not just on the client side either. someone who has travelled, worked at home necessarily poring over black-letter law all Emotional intelligence is really critical in or abroad, where you can see the ambition day long.” terms of managing your team. coming off the page. This is a demanding He acknowledges that the practice “You can have all the initiatives in career. We don’t sugar-coat it, but it’s of law in an 800-person firm is vastly the world, in terms of agile working, definitely not ‘one-size-fits-all’.” different from the work of a small, sole sabbaticals and diversity programmes, but, ultimately, if you can’t relate to your team and your team can’t relate to you, that’s a challenge for holding onto SLICE OF LIFE people. n Apple TV, Netflix or terrestrial TV? n What are your favourite news sources? “If I don’t bring through people for the Netflix. The Irish Times and New York Times. next generation to continue in this place, then I have failed in my role, frankly. n What is your golf handicap and what’s n Headphone favourites? That’s the reality of life. I would strongly the lowest it’s ever been? Marcus Mumford. say that I am a fiduciary of this firm, and I’m an eight handicap, but really struggle to play I have to do all I can to put it in a better to it these days. Six was my lowest, but that was n Vinyl, CD or Spotify? place for the next generation.” many moons ago. Tidal – a streaming service similar to Spotify. The firm makes strenuous efforts to stay in touch with all its alumni, though n How many miles do you cycle each week? n Must-have gadget in your life? over 90% of trainees will typically stay at Anywhere between zero and 100+ miles – weekly iPad. the firm after qualification. variances can be very significant depending on Geoff hates the thought of a staff my weekends! I tend to cycle with colleagues n Favourite dish? member walking out the door with and friends. Fresh crab and a pint in O’Sullivan’s of no further contact, seeing it as utterly Crookhaven, Co Cork – it takes some beating! wasteful of all the time and energy n Favourite holiday destination? devoted to their training. Arizona. Great weather (except for high summer, n Are you a cook? If an employee wants to leave and when it’s excessively hot), stunning desert, and No, I’m embarrassed to admit I’m not. do something else, the firm will use its mountain scenery. network to try to place them in a suitable n Favourite sports person? role. n What is your favourite film? I idolised Jimmy Barry Murphy (Cork’s hurling “I’d far prefer, if someone is leaving, The Departed. and football legend) growing up. that they come and talk to us, rather than relying on recruiters,” he says. “We may gaLAW SOCIETY ette Giving you the power of three
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LAW GRADUATES ARE OFTEN STRUCK BY HOW VASTLY DIFFERENT THEIR DAILY WORK IS FROM THE MODULES THEY LEARNED AT COLLEGE. IT IS PRACTICAL APPLICATION AND DEALING WITH PEOPLE AND WITH PROBLEMS – RATHER THAN NECESSARILY PORING OVER BLACK-LETTER LAW Giving you the power of three ALL DAY LONG
specifically designed to limit ego battles, with sit-stand desks, windows and views meted out with strict equality. Moore describes the over-riding Arthur Cox value as ‘humility’. The firm has loosened its dress code in recent years, with a successful summer 2016 experiment with ‘business casual’ now extended to all-year around. Within reason, people should wear what they feel comfortable in, the incoming managing partner says: “My job [as a lawyer] is to connect with people and apply my brain to solve their problems as best I can. How formally I’m dressed has no bearing on that.” He welcomes the increased informality of the modern world, as long as his staff bring their best self to work. Moore says that the market regards the firm highly for its entrepreneurial nature and commercial approach. He describes Arthur Cox as “culturally different” from many of its competitors. Of their closest rival in terms of size – A&L Goodbody – Moore welcomes the healthy rivalry that results from having two stellar law firms across the river from each other in the capital. He says that Ireland, as well as domestic and international clients, know of positions that recruiters won’t more transparent, and I hope that we will need this level of excellence – matching know about. become so.” anything that’s available on Wall Street or “Our business model won’t work if The firm pushes against a culture of in London. everyone is here for life,” he says, and ‘presentee-ism’, and wants its staff to ‘work He welcomes the increased investment some lawyers will always want to take their smart’ – putting in the hours when it’s in technology at the courts, and is in awe excellent training elsewhere. A close eye is needed, but logging off when it’s not. of the “outrageous brain” of Chief Justice kept on the turnover rate.” ‘Mobile kits’ are supplied to all staff to Frank Clarke. “He’s a breath of fresh air,” Moore plans to work to improve allow for flexible working, and sabbaticals he says, referring admiringly to Clarke’s communication at the firm: “People love are also on offer, again with the goal of modernising influence and general legal information, in every walk of life,” he retaining staff in a competitive market. brilliance. observes. “The more information you can He observes that young solicitors often “He is very willing to get on a plane give about plans and strategy, the more have different life-goals to the traditional and market the Irish judicial system, and people are empowered, invested and loyal. ‘one-track-minded’ partner. that’s a sea change from the stuffy, dusty “We are transparent, but we can be Cox’s Earlsfort Terrace office was courtrooms of 20 years ago.” 40 October 2019 EUROPEAN LAW Law Society Gazette | gazette.ie Under the radar While headlines in Ireland are dominated by Brexit, the setting up of the European Public Prosecutor’s Office at the end of next year may have slipped under your radar. Joseph Maguire checks the scope
JOSEPH MAGUIRE IS ON SECONDMENT FROM THE CHIEF STATE SOLICITOR’S OFFICE TO DG JUSTICE AND CONSUMERS IN THE EUROPEAN COMMISSION
rticle 86 of the Treaty on the Functioning of Annual Report 2017 (PIF report), detected fraud in EU spending the European Union created the legal basis for in 2017 amounted to €390.7 million. However, investigating establishing the European Public Prosecutor’s and prosecuting serious fraud and corruption at national level is Office (EPPO). particularly challenging, never mind across the EU. Vera Jourová, EU Commissioner for Justice Although Ireland is not one of the 22 participating member and Consumers (2014-2019) states, Ireland can join the EPPO has said: “Establishing the at any time. Indeed, Ireland has European Public Prosecutor’s Office AT A GLANCE signed up to the connected PIF will be a real game-changer. Many Directive (2017/1371), which sets n The EPPO is an innovative and cases of fraud against the EU budget out the criminal offences affecting indivisible union body operating as are transnational. We therefore need the financial interests of the EU one single office at central level in an institution that is able, not only to that the EPPO will investigate and Luxembourg, with a decentralised investigate, but also to prosecute prosecute. level consisting of European delegated across borders.” prosecutors in each participating EU The EPPO Regulation (2017/1939) country Hail to the chief implements enhanced cooperation by On 25 September 2019, the n It aims to prosecute crimes against establishing the EPPO to prosecute European Parliament and the Council the EU’s financial interests, such as crimes against the EU’s financial of the European Union agreed to public procurement fraud, Common interests, such as public procurement appoint Laura Codruta Kövesi as the Agricultural Policy funds fraud, fraud, Common Agricultural Policy first European Chief Prosecutor. She corruption, money-laundering, and funds fraud, corruption, money- is a formidable Romanian prosecutor, cross-border VAT fraud above laundering, and cross-border VAT with an impressive record in cracking €10 million fraud above €10 million. According to down on corruption and fraud in her n Ultimately, the main prosecutorial the commission’s Fight Against Fraud home country. Undoubtedly, work will be conducted by the the chief – supported by two European delegated prosecutors, of The views expressed are personal and should deputies – will fulfil a pivotal role not be construed as representing either the which there must be at least two in in organising the EPPO’s work and European Commission or the Chief State each participating country Solicitor’s Office in liaising with EU institutions, EU Law Society Gazette | gazette.ie EUROPEAN LAW October 2019 41
PIC: SHUTTERSTOCK BY ENTERING EARLIER INTO EU CRIMINAL LAW MEASURES, IRELAND CAN BEST SHAPE THE FUTURE DEVELOPMENT OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE
countries, and third parties. decentralised level consisting of European However, such concerns are alleviated by The selection procedure is also underway delegated prosecutors in each participating the fact that the European prosecutor who for choosing one European prosecutor EU country. supervises the European delegated prosecutor for each participating member state, who in the particular case, on behalf of the (led by the chief), will form the College of Evoke or not evoke? permanent chamber, will be from the same Prosecutors, based in Luxembourg. The In light of the sensitivities associated with country, so that linguistic and legal nuances college shall take decisions on strategic criminal law prosecutions, it may seem are properly understood. Interestingly, matters to ensure coherence, efficiency, somewhat alarming to the Irish criminal in article 37 of the EPPO Regulation, the and consistency throughout the EPPO case lawyer that permanent chambers in common law system has been accommodated load. The college shall also adopt internal Luxembourg shall be issuing all kinds of on the rules of evidence by not altering the rules of procedure to assist with many of the operational decisions. These include bringing power of the trial court to freely assess the practicalities. a case to judgment, dismissing a case, evidence wherever it has been gathered. Permanent chambers will be chaired by the applying simplified procedures, referring a Indeed, recital 80 of the regulation specifically chief, or one of the deputies, or another Euro- case to national authorities, and instructing references fairness of procedures in common pean prosecutor. Permanent chambers in Lux- European delegated prosecutors to initiate an law systems, and defence rights under the embourg shall monitor and direct the investi- investigation or exercise the right of evocation. Charter of Fundamental Rights. gations and prosecutions conducted by the Since even the word ‘evocation’ is foreign to European delegated prosecutors, who shall be Irish lawyers – it essentially concerns whether Delegated prosecutors located in the participating member states. the EPPO ‘evokes’ to take over a file or leave Ultimately, the main prosecutorial work will The EPPO is an innovative and indivisible it to the national authorities – it is perhaps not be conducted by the European delegated union body operating as one single office surprising that Ireland adopted a ‘wait-and-see’ prosecutors, of which there must be at least at central level in Luxembourg, with a approach to the EPPO. two in each participating country. THE GOOD MEN CHARITY AUCTION 2pm, Saturday 12th October, 2019 Spencer Hotel, IFSC, Dublin
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IN RECENT YEARS, THE EU HAS DEVELOPED AN IMPRESSIVE BODY OF PROCEDURAL RIGHTS AND SAFEGUARDS FOR SUSPECTS AND ACCUSED PERSONS (THOUGH IRELAND TENDS TO OPT OUT)
The delegated prosecutors shall be preliminary rulings. Combined with the law features). While a perusal of the Irish responsible for prosecuting and bringing to independence and impartiality of the EPPO, case law on the European Arrest Warrant judgment cases falling within the EPPO’s defence rights are well protected. demonstrates that the principles of mutual competence. They shall have the same powers trust and confidence in the criminal law as national prosecutors, along with specific Data protection regime systems throughout the EU are now well powers conferred by the EPPO Regulation. While practitioners may now feel reasonably established in Irish law, it may, at first glance, Therefore, the EPPO prosecutions will confident in navigating their way around the seem a daring leap to opt in to the EPPO take place in national courts in accordance General Data Protection Regulation, and those and so follow directions emanating from with national law and procedures, but with working in criminal law may have knowledge Luxembourg on not only prosecutions, but the benefit of a centralised set of directions of the Law Enforcement Directive (2016/680), investigations also. emanating from Luxembourg. this is only useful background information However, there is no compelling legal While the delegated prosecutor from the for the EPPO’s bespoke comprehensive data reason why Ireland should not join the EPPO EU country where the main offence was protection regime. and, indeed, the intricate architecture of the committed will generally handle the case, While the EPPO Regulation stretches to 120 EPPO contains significant safeguards, both because EU fraud often has a cross-border articles, more than one-third are devoted to for the rights of the defence, as well as for the dimension, assistance may be sought from a data protection (see articles 47-89). In truth, constitutional and common law features of European delegated prosecutor in another the data protection provisions do not radically Irish criminal law. EU country, thereby strengthening the depart from the GDPR and, in fact, the EPPO By entering earlier into EU criminal law EPPO’s effectiveness. Regulation is stricter than the Law Enforcement measures, Ireland can best shape the future Directive on sensitive data and profiling. In this development of the EPPO – and where better Safeguards for defence regard, the EPPO Regulation only allows data to start with enhanced EU cooperation in the In recent years, the EU has developed an processing when strictly necessary for EPPO complex area of fraud on EU funds? impressive body of procedural rights and investigations, and only if it supplements other safeguards for suspects and accused persons operational personal data with no profiling. (though Ireland tends to opt out) such as the Monitoring and advising the EPPO in data rights to: protection will be undertaken by the European LOOK IT UP Data Protection Supervisor. • Interpretation and translation (Directive LEGISLATION: The EPPO will be assisted by existing (EU) 2010/64), n Directive (EU) 2010/64 • Information and access to the case materials EU bodies like Eurojust, OLAF (the (interpretation and translation) European Anti-Fraud Office) and Europol (Directive (EU) 2012/13), n Directive (EU) 2012/13 (information • Access to a lawyer and the right to on the exchange of information and mutual and access to the case materials) cooperation. Non-participating member communicate with and have third persons n Directive (EU) 2013/48 (access to a informed in the event of detention states like Ireland and so called third countries lawyer and the right to communicate (Directive (EU) 2013/48), (which it appears Britain will soon be) may with and have third persons • Remain silent and the right to be presumed cooperate with the EPPO through working informed in the event of detention) arrangements and judicial cooperation on innocent (Directive (EU) 2016/343), and n Directive (EU) 2016/1919 (legal aid) relevant international agreements, such as • Legal aid (Directive (EU) 2016/1919). n Directive (EU) 2016/343 (remain Council of Europe conventions on mutual silent and the right to be presumed Anyone subject to criminal proceedings assistance in criminal matters. Ireland may, for innocent) example, exchange strategic information and of the EPPO shall have these rights, as a n EPPO Regulation (2017/1939) second liaison officers to the EPPO. minimum, along with the panoply of fair n PIF Directive (2017/1371) trial rights of the defence contained in the Charter of Fundamental Rights. The EPPO Daring leap LITERATURE: will also be subject to judicial review in the With Brexit imminent, Ireland will effectively n EU Commission, Fight Against Fraud national courts, and the Court of Justice of be the only common law member state (though Annual Report 2017 (PIF report) the European Union will be able to give Cyprus and Malta share some common 44 October 2019 INSOLVENCY Law Society Gazette | gazette.ie
A second bite at the cherry All modern economies have ‘second chance’ insolvency solutions for businesses and individuals that include bankruptcy and debt modification of some, or all, secured and unsecured debt. Cormac Keating looks at the Irish case
DR CORMAC KEATING IS HEAD OF POLICY, REGULATION AND CORPORATE AFFAIRS AT THE INSOLVENCY SERVICE OF IRELAND
n Ireland, the legacy of unsustainable personal the solution that deals with mortgage debt and that aims to debt led to the introduction of the Personal keep the debtor in their family home, is by far the most-used Insolvency Act 2012 (amended in 2015) and the solution, accounting for 40% of the total solutions sought. establishment of the Insolvency Service of Ireland More specifically, with regard to mortgage debt, research (ISI) in 2013. undertaken by the ISI found that the three most popular This realignment of policy has brought about a radical restructures put in place by practitioners as part of a PIA are and innovatory approach to the treatment of personal debt, split mortgage, term extension, and principal reduction. The insolvency, and bankruptcy in Ireland. The act created a average principal reduction per family home is approximately number of debt solutions for personal insolvency, in addition €120,000 and 95% of those entering a PIA remained in their to the option that already existed – bankruptcy – and home (based on a representative sample from Q3 2017). merged the Office of the Official Assignee, which dealt with A key aspect of the act is that a debtor is afforded the same bankruptcy, into the newly formed ISI. protections and opportunity to avail of an insolvency solution, irrespective Impact of the type of creditor to whom they Despite the initial slow take-up, the AT A GLANCE owe moneys (whether the creditor ISI has, to date, returned nearly 8,000 n A realignment of policy has brought is a main pillar bank, investment debtors to solvency, accounting for about a radical and innovatory fund, credit union, utility company, almost €10 billion of debt. Figure 2 approach to the treatment of personal etc.). This is a key benefit of the new shows that, since its inception, the debt, insolvency, and bankruptcy in regime for debtors and for any third number of people availing of the debt Ireland party advising them in the context solutions available through the ISI has n Personal Insolvency Arrangements of ongoing loan sales to investment grown significantly. Furthermore, the are by far the most-used solution, funds, or so-called ‘vulture funds’. very existence of prescribed legislative accounting for 40% of the total solutions for personal insolvency has solutions sought Settling in acted as a catalyst for credit institutions n The three most popular restructures The initial slow take-up reflected the to directly enter into over 120,000 put in place by practitioners as part simple reality that the introduction of informal alternative repayment of a PIA are split mortgage, term such a radical new regime takes time arrangements with debtors. Personal extension, and principal reduction to settle. Debtors were unaware of the Insolvency Arrangements (PIAs), extent of the help that was available. Law Society Gazette | gazette.ie ??????????INSOLVENCY | ?????????? October 2019 45 PIC: SHUTTERSTOCK
THE REAPPEARANCE OF MORE NORMAL ECONOMIC CONDITIONS WILL ALSO MEAN INCREASING INTEREST RATES IN THE MEDIUM TERM, AND THIS IS LIKELY TO HAVE A SIGNIFICANT EFFECT ON DEBTORS JUST ON THE MARGIN OF MEETING THEIR FINANCIAL COMMITMENTS
The main credit institutions were initially awareness. The ISI has worked closely with Courts Service are now working together worried about moral hazard and strategic credit institutions to emphasise the benefits under the chairmanship of the ISI on the default, and were slow to engage with the new and financial returns that can be realised from Consultative Forum, the Protocol Oversight regime. dealing with personal debt in a structured way Committee, and the Protective Certificate As a result, the ISI has been busy working using the arrangements outlined above. (PC) Target Timeline Group. with stakeholders to clear any blockages. The credit institutions, their representative The shared aim is to develop a more Information events and advertising campaigns bodies, along with debtor advocates, personal effective, timely and legally certain personal have been organised to increase debtor insolvency practitioners (PIPs), and the insolvency process for the benefit of all 46 October 2019 INSOLVENCY Law Society Gazette | gazette.ie
THE ISI HAS WORKED CLOSELY WITH CREDIT INSTITUTIONS TO EMPHASISE THE BENEFITS AND FINANCIAL RETURNS THAT CAN BE REALISED FROM DEALING WITH PERSONAL DEBT IN A STRUCTURED WAY
creditors. Over 1,100 section 115A cases FIGURE 1 The four solutions offered by the ISI have been initiated in either the Circuit or High Court since 2015 – 400 of these cases Solution Level/type Income Assets Required have been decided with a 60/40 split in terms of debt intermediary of those reviews that have been dismissed DRN Under €35,000 Under €60 Max €400 Approved (that is, decided in favour of the creditor), per month intermediaries and those that have been approved (in favour of the debtor). DSA Unsecured only No max No max Personal insolvency practitioner Abhaile The introduction of the Abhaile Mortgage PIA Secured and No max No max Personal Arrears Resolution Service in 2016 means unsecured insolvency that a debtor can secure the services of a PIP practitioner for free. A number of government agencies are involved, including MABS, the Legal Aid Bankruptcy Over €20,000/ No max No max None Board, the ISI, and the Citizens’ Information secured and Board. The scheme is coordinated by the unsecured Department of Justice and the Department of Social Protection. Furthermore Abhaile, with the assistance stakeholders. An example of this common • The agreement of DSA and PIA protocols of the Legal Aid Board, is funding a endeavour is the support of all stakeholders with all relevant stakeholders that make solicitors’ panel that has been created to with the ISI’s proposal to Government it easier for a debtor to reach agreement provide legal aid to debtors, to allow them that Debt Relief Notices (DRNs), Debt with his or her creditors through a DSA bring section 115A cases to court. Settlement Arrangements (DSAs), PIAs and or PIA (a protocol-compliant arrangement The evolution of the personal insolvency PCs should be approved by the ISI rather uses agreed documentation, standard process continues and, in 2017, the than requiring a court to make an order terms and conditions, and adheres to high- department issued a consultation process for their approval. This would lead to an level principles set out within it), under section 141 of the act asking for increase in the accessibility to the personal • Amendments to the legislation reducing suggestions on how to improve the insolvency system, time and cost savings, and the bankruptcy term to one year, and legislation. The ISI made a comprehensive a greater consistency of approach. • Amendments permitting a debtor to seek submission (available on www.isi.gov.ie) and a court review, in certain circumstances, is awaiting the outcome of the department’s Policy developments where creditors reject a PIA – the removal deliberative process. Since 2012, the personal insolvency regime of the so called ‘bank veto’. has continued to develop and evolve, with Future challenges a particular emphasis on ensuring that The latter are commonly referred to as Economic circumstances have changed debtors are given every chance to remain in ‘section 115A reviews’. The ability to dramatically in recent years. The prolonged possession of their family home. The more seek a 115A review negates the option of recession has been replaced by a domestic important developments include: the creditor simply vetoing the proposed economy that has returned to growth, with • The introduction of ISI guidelines on PIA and increases the likelihood of a PIA increasing employment opportunities, ??? reasonable living expenses (a debtor who proposal being accepted. A large number growing income levels, and rising property enters an insolvency solution is entitled to of 115A cases are now progressing through prices. a reasonable standard of living that meets the courts, with the outcomes leading to While welcome, these favourable economic their physical, psychological and social improved understanding of the obligations conditions pose a number of important needs), and requirements for both debtors and challenges for the personal insolvency Law Society Gazette | gazette.ie INSOLVENCY October 2019 47
regime and, more importantly, for the return to solvency for those tens of thousands of households that continue to find themselves FOCAL POINT in deep mortgage arrears. The emergent HOLISTIC SOLUTIONS return to positive equity of the family homes Personal insolvency and bankruptcy dealing with all their debts for this cohort is of particular concern, as legislation offers a holistic range of • Over 90% of debtors who avail of an it may reduce the restructuring options insolvency solutions available for your insolvency solution remain in their family available, including debt write-down, while clients in financial difficulty, which provide homes, masking the underlying issue of affordability. the following benefits: • The financial returns for creditors from The reappearance of more normal • Debtors are afforded the same dealing with personal debt in a structured economic conditions will also mean protections and opportunity to avail of way, using the arrangements, are greater increasing interest rates in the medium term an insolvency solution, irrespective of than those that can be realised using from historic lows, and this is likely to have creditor type, alternative approaches, a significant effect on those debtors just • Debtors are entitled to a reasonable • After successful completion of an on the margin of meeting their financial standard of living during the term of insolvency solution, debtors will have commitments. Improving conditions will, the insolvency solution, addressed their financial difficulties and in turn, perhaps reduce the focus on the • Debtors get a holistic solution be solvent again. difficulties faced by those who remain indebted and may make it increasingly difficult for those debtors to remain in their family homes as creditors seek to recover a FIGURE 2 Approved insolvency and bankruptcy arrangements, 2013-2018 more valuable security. 2,000 Arguably, the need for the ISI and the suite of insolvency solutions it provides are more 1,800 important in these circumstances, where debt 1,600 restructuring will lead to a second chance with greater opportunities for debtors. 1,400 1,200 The ISI would encourage you to direct any debtor who might come to you with debt problems to 1,000 make contact with the ISI, either through the 800 website www.backontrack.ie or through the information line at 076 106 4200, or to direct 600 them to a PIP (their contact numbers are on the 400 ISI and BackOnTrack websites). Representatives of the ISI are happy to provide information 200 booklets on the statutory solutions available. 0 The ISI is happy to address your staff and 2013 2014 2015 2016 2017 2018 colleagues, through information sessions, n INSOLVENCY ARRANGEMENTS n BANKRUPTCY either locally or regionally. Legal Contingency Insurance
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Law society ad - Karl - 187 x 62 August '19.indd 1 29/08/2019 10:54 48 October 2019 TECHNOLOGY Law Society Gazette | gazette.ie
The prediction predilection Predictive analytics (PA) is part of the inexorable move towards the commoditisation of the ‘business’ of law. David Cowan lays out the significant cost benefits, while analysing the potential threat that PA poses to access to justice
DR DAVID COWAN IS AN AUTHOR, JOURNALIST AND TRAINER
n the film Minority Report, a machine is used to However, it also offers threats, because clients can do the foretell all crimes so that potential criminals can be work instead of law firms. Certainly, we will see more cases like arrested before they are able to commit a crime. This JPMorgan Chase, which reduced some 360,000 billable hours at sci-fi scenario may well be on the way to becoming an average of $200 an hour, resulting in $72 million of legal fees reality – at least for lawyers. A growing number evaporating. of legal and technology experts are developing ‘predictive analytics’ (PA) tools aimed at giving Opportunity lawyers a similar edge in lawsuits. Equally, there are opportunities for firms to use PA to identify Simply put, PA provides users with various scenarios by new business, to cross-sell and upsell to existing clients, and to using algorithms and machine-learning to interpret data in be more effective in bringing new clients on board. Currently, order to provide a comprehensive picture of a situation, and firms in Ireland are making limited use of PA. McElligott says: predict logical outcomes. As analytical tools develop, more “Predictive analytics are used in Ireland, but I think it is a little companies are pushing out product (see the ‘Know your more basic at the moment. One major use in firms is to increase provider’ panel), but it raises questions, not just for law firms, their ability to reach out to lukewarm contacts, rather than but also for society. cold contacts.” The PA push is being driven by Creating better metrics, enhancing ‘big data’, which in turn is driven by partner profitability, matching lawyers lower costs in artificial intelligence AT A GLANCE to client need, using ‘gig lawyers’ or (AI) and computing power that can run n ‘Big data’ is driving the push for other consultants, and more creative algorithms to get real-time solutions predictive analytics (PA), which is fee structures are all ways we can expect in ways that could not be achieved benefiting from lower costs in artificial to see PA growing in use. What may be until relatively recently. This holds intelligence happening is an evolution of lawyers – an obvious appeal for lawyers, though n Law firms can use PA to identify new raising them to new levels of service – arguably provides more benefits in business, cross-sell and upsell to with the expensive labour-intensive some areas rather than others. In existing clients, and bring new clients tasks for firm and client alike drastically case-law research and e-discovery, for on board reduced. instance, considerable benefits can be n PA also offers threats, since clients can Providers are also pioneering PA seen. Brian McElligott (partner, Mason do the work instead of law firms to help provide robustness in creating Hayes & Curran) says: “The best n When the legal system is automated, legal strategy. PA can help lawyers application is in niche-driven, repetitive whose interests are being served? assess the merits of a client’s case, and tasks – for example, insurance.” provide analysis for offering sound legal Law Society Gazette | gazette.ie TECHNOLOGY October 2019 49 PIC: WIKIMEDIA COMMONS
CREATING BETTER METRICS, ENHANCING PARTNER PROFITABILITY, MATCHING LAWYERS TO CLIENT NEED, USING ‘GIG LAWYERS’ OR OTHER CONSULTANTS, AND MORE CREATIVE FEE STRUCTURES, ARE ALL WAYS WE CAN EXPECT TO SEE PA GROWING IN USE
advice. Unique and proprietary data – such individual best fits the client’s needs. PA in some of the tasks traditionally undertaken as case notes, records, models, resources, and the hiring process can help match the right by juniors to hone their craft. Opinion is expert profiles – can be leveraged to create candidates to the firm, as well as selecting divided on the issue, with PA proponents an effective team, with the right data collated individuals both for ad hoc projects and saying that the training benefits of such tasks to tackle the workload. long-term relationships. The emergence of are overstated. Just as important as detecting trends and ‘gig lawyers’ will also expedite new ways of Dr Jennifer Cobbe, coordinator of highlighting data patterns is the choice of building teams. the British-based Trust & Technology who can best represent a client. PA can be Initiative, and a researcher in the Compliant used to decide the optimal composition Threat and Accountable Systems Group in the of teams and ensure that all needs are There are, however, certainly three areas of Department of Computer Science and covered by relevant expertise. This can concern, which also relate to broader social Technology, University of Cambridge, include deciding on what outside counsel, concerns. A fundamental – but long-term – disagrees: “There is an impact on the consulting, strategic partnership, or concern relates to training. PA is taking over training of young lawyers.” 50 October 2019 TECHNOLOGY Law Society Gazette | gazette.ie
CERTAINLY, WE WILL SEE MORE CASES LIKE JPMORGAN CHASE, WHICH REDUCED SOME 360,000 BILLABLE HOURS AT AN AVERAGE OF $200 AN HOUR, RESULTING IN $72 MILLION OF LEGAL FEES EVAPORATING
Dr Cobbe says: “A good analogy is creates a talent-feed issue”, she says. “It is different types of motion in individual courts banking, where, as banks moved into not discussed as much as should be, but it is and keep a database of who sues and gets automation, basic functions like cashiers an access-to-justice issue.” sued most frequently. The products offer were phased out, but this was the route for analyses of similar briefs filed by other firms, many to get into the industry, and this has Judicial analysis relevant case history, and judges’ citations, been shut down.” A second area of concern is judicial research. often down to the most cited paragraph. Cobbe also sees the impact as an access- At the forefront of PA are products that track A possible crucible for social debate to-justice issue: “This is a fundamental the litigation history of judges, lawyers, and comes, surprisingly, from France, where concern that is not much discussed.” For law firms, including their win/loss rates for PA has been banned. The country recently markets like Ireland, where there are many trials benchmarked against competitors. enacted a law that bans legaltech companies sole practitioners and small firms, “this PA can be used to track the success rates of from identifying judges or magistrates
FOCAL POINT KNOW YOUR PROVIDER • Brainspace – uses machine-learning and support ediscovery, with more than 200 product delivering the context needed to intuitive semantic technology to automate AmLaw firms currently using their tool to build a strategy, mining court and docket workflows and tackle discovery documents, automate tasks and conduct large-volume data to provide data-driven insights on and is integrated with other e-discovery document review, with the help of AI judges, courts, attorneys, law firms, and platforms and management software. software. case types. • Casetext – offers an artificial intelligence • Everlaw – provides control over the end- • Premonition – gives users “an unfair search called CARA, which finds cases on product in discovery and sifts documents advantage” in sifting through big court the same facts, legal issues, and jurisdiction in readiness for lawyer review as a second data and analyses the best lawyers against as your matter. step. the judges of the courts. • Conduent – has an analytics hub that gives • Gavelytics – offers judicial analytics to • Proofpoint – tackles the data growth insight and real-time visibility across the litigators and corporations, giving them in the legal field, and the bottlenecks range of legal and compliance matters. actionable knowledge to help win more experienced by firms, seeking to reduce • ContraxSuite – is an open-source motions, more cases and more business. the financial and time costs associated with contract-analytics and legal-document • Intraspexion – uses deep-learning and PA e-discovery, while keeping processes in the platform, that uses the user’s experience in to predict and prevent potential litigation control of lawyers instead of third parties. document research. based on their patented software. An • Ravel Law – part of LexisNexis, helps • CourtQuant – is an AI platform that early-warning system, it analyses company lawyers to be data scientists through user- predicts the outcome of legal cases, emails to identify risk factors. friendly data-mining (which can uncover selects the best lawyers for your case, and • Judicata – says it is ushering in a new era of patterns in a range of outcomes) and to analyses your data to predict results. legal search that is “unprecedented” in its find out whether a judge is sympathetic • Docket Alarm – has long helped lawyers by precision, relevancy, and simplicity. towards an argument by analysing past replacing manual checks for updates on a • Lex Machina – mines and analyses data decisions. case’s docket, linked to a database of court from past lawsuits, revealing connections • Solomonic – uses publicly available data filings, enabling users to track and analyse and making predictions about outcomes, to understand the courtroom and judges, full court records, large volumes of cases, assisting legal departments to select and with analysis of hundreds of thousands and provide judicial profiles. manage outside counsel. of data points, with separate modules for • DISCO – another provider using PA to • Litigation Analytics – a Thomson Reuters commercial and Chancery courts. Law Society Gazette | gazette.ie TECHNOLOGY October 2019 51
in connection with statistical analyses or more sympathetic – but also to understand predictions about their future actions. The the human task of legal reasoning by law stipulates a maximum penalty of five judges. The problem is that people do not years in prison for those who breach the rule. behave optimally and, indeed, often behave In addition, a 15 June 2019 resolution irrationally, emotionally and against their has been issued by the Conseil National des interests – one of the primary reasons we Barreaux (CNB), the domestic bar council, need lawyers! calling for an extension of the ban to include lawyers, so that they would also be excluded Second-guessing PA from the statistical analysis of their actions Second-guessing the future of PA, in court. In addition to guaranteeing lawyers in light of the French experience, is the same access to the flow of legal decisions not straightforward. PA is part of the that judges have, the bar opined that commoditisation, increased offshoring, or “identical treatment” protecting the personal ‘Amazonification’ of the business of law. identifying data of lawyers in such decisions, PA tools may form part of the transforma- released for open data, is “the only way to tion, reducing costs by replacing mundane guarantee the equality of arms under the tasks, but not necessarily lawyers’ skills. European Convention on Human Rights”. Dr Cobbe warns: “We need to ask, Such a ban would essentially make it what is the goal of automating law? Is it a crime to interpret lawyers’ patterns of efficiency and costs? Competitive advantage? behaviour in court. If successful, this would Something else? I would be worried about mean that France would be the first country going too far into the market without these in the world where litigation analysis questions being answered.” and predictive modelling falls under a How can the profession in Ireland make comprehensive ban. use of PA? McElligott says: “There are a few What would still be permitted in France probability and predictive applications, with issues. First, the conservatism of Irish firms. is a more limited analysis of how certain a margin of error. They will ask what is required? What are the legal arguments played out in court, what Even with its celebrated objectivity, benefits? Second, no-one wants to be first. claimants could expect to be paid, and how elements of potential bias remain in PA, and The product exists, but lawyers like to use many claims of a certain type usually win – a good strategy needs to excise such bias to something when it has become a standard.” but without inclusion of the names of the avoid incompetence and error being built Once it is seen to work, McElligott says professional parties or judges involved. into the strategy. The data we choose to use that “firms will adopt quickly, because once Experts in France have said that they are or exclude is critical, and data-mining in there are a few products out there being surprised by the move, given that the CNB law firms requires interrogating big data- used, there will be a cascade effect, and held a very different view just three years sets such as docket data, legislation, case people will get on board. The bigger firms, ago, when France first moved ahead with its law, client contracts, and property titles. those with the resources, will do it first”. ‘Open Data’ project to make all public data Making simple correlations, or assessing However, Cobbe cautions that big data available online for all to see, including court averages thrown up by the data, still requires and PA throw up broader issues for law data. A recent IFOP poll commissioned lawyers to interpret the meaning of such and society: “If we look at law as a societal by Doctrine, an AI-based legal research correlations, causal relationships, context construct, it not only reflects theory, what is and litigation analytics company, revealed and human behaviour. decided, but has an impact on society. Social that 87% of French lawyers were against PA research is a rationalising process that values are reflected in the legal system, what anonymisation of judges’ names and that puts technology and people into a dynamic it should be about, how it should work. 63% of young lawyers wanted to increase relationship, underpinned by clean and When this is automated, we can ask whose their online visibility. Looking at the enriched data. PA supports quantitative interests are being served? The big law French tradition, this should, perhaps, not research, making sense of big data and firms? A middle class, white, narrow section completely surprise, since secrecy has been unwieldy data-sets, which can then support of society? What about those who don’t have something of a trademark of French law. qualitative data using statistics, algorithms, access to big law firms?” and heuristics to predict outcomes. There are many applications, and the Filtering out bias But the courts will take into account future offers expanding opportunities. A third danger in PA is one of bias. ‘Big more than the rational, as they also include However, the critical step is to develop a data’ applications do not usually revolve human behaviour and emotion. In case successful strategy for predictive analytics, around individual profiles, but around management, lawyers often seek to second- which means, it seems, finding a balance group profiles. Nor does it revolve guess the best time to file a case, which between big data and people, for the sake of around retrospective analyses, but around jurisdiction to use, or which judge might be both firms and society. 52 October 2019 INCAPACITY Law Society Gazette | gazette.ie Mind the
A reviewG of the cases of the thousandsA of incapacitatedP people living in residential care is essential to ensure that those who lack the capacity to consent to their stay in institutional care are not being deprived of their liberty, writes Stephen Walsh
STEPHEN M WALSH IS PRINCIPAL OF STEPHEN WALSH & CO, SOLICITORS, NAAS, CO KILDARE
t is estimated that as many as 25,000 people concrete situation and account must be taken of a whole range currently live in some kind of residential care. It of criteria, such as the type, duration, effects and manner of is hoped that their cases will be reviewed by the implementation of the measure in question.” In the Guzzardi newly created Decision Support Service, once the case, the court held that “the difference between deprivation of Assisted Decision-Making Capacity Act 2015 is fully and restriction upon liberty is nonetheless merely one of degree commenced. or intensity, and not one of nature and The Constitution provides substance.” that no citizen shall be DOL is not just a matter of law, deprived of his liberty, save in AT A GLANCE but is a matter of fact, and the accordance with law. n The protection (or lack thereof) circumstances of each individual case The European Convention afforded to people who stay in must be examined on their own merits. on Human Rights provides that everyone residential care, but do not have the Issues of DOL have a much wider has the right to liberty and security of mental capacity to consent to their scope than physical confinement and, person, and that no one shall be deprived stay, is topical at the moment therefore, it is necessary to examine of his liberty save in accordance with n The Assisted Decision-Making the measures taken in a particular case, a procedure prescribed by law. It also Capacity Act gives statutory force its implementation, and the effect on provides that everyone who is deprived to the common law presumption of the individual. of his liberty by arrest or detention shall capacity and provides that it shall be Restriction upon liberty may be be entitled to take proceedings by which presumed that a person has capacity permissible, but the line may not be the lawfulness of his detention shall be unless the contrary is shown in crossed to deprive someone of their decided speedily by a court. accordance with the provisions liberty – and this may be difficult to of the act identify. People who lack capacity have Particular circumstances n In light of recent jurisprudence, the same rights to ‘physical liberty’ In establishing if deprivation of liberty however, does it go far enough to as everyone else, and this can only be (DOL) exists, it is necessary to examine protect those who are incapacitated curtailed with proper safeguards. the particular circumstances in each but compliant? Any preventative, diagnostic, or case and the “starting point must be his therapeutic medical intervention can Law Society Gazette | gazette.ie INCAPACITY October 2019 53
THERE IS BOTH AN OBJECTIVE AND SUBJECTIVE CONDITION TO BE DETERMINED IN PIC: SHUTTERSTOCK ESTABLISHING IF DEPRIVATION OF LIBERTY EXISTS
only be carried out with prior, free, and House of Lords. In the Bournewood case, a the person’s compliance or lack of objection, informed consent of a person, and may be DOL was found to exist, even though HL or the relative normality of the placement, is withdrawn by a person at any time for any was compliant, expressed no objection, and not relevant in deciding if there has been a reason. Restriction of a person’s liberty also had never attempted to leave the hospital deprivation of liberty. includes chemical restraint, which is the where he was an in-patient. Following There are many people whose mental intentional use of medication to control or Bournewood, Britain introduced legislation impairment is so profound that they can modify a person’s behaviour or to ensure that to plug the gap, and developed DOL neither understand nor, therefore, object they are compliant. Clearly, the informed safeguards for persons who are considered to any placement, supervision or control. consent of a patient is required for the “incapacitated but compliant”. It avoids, therefore, the legal consequence administration of medication. Since Bournewood, the DOL jurisprudence that such people are not deprived of their in Britain has developed. In the decision liberty simply because of the absence of any Indefensible gap of P v Cheshire West and Chester Council and objection to confinement. The European Court of Human Rights in Another, the Supreme Court makes it clear HL v United Kingdom (commonly known as that the starting point in considering the Incapacitated but compliant ‘the Bournewood case’) highlighted a large convention rights of an adult with disabilities This gap remains in Ireland at present, legislative gap in Britain, referred to as must be the same as the starting point for and the State unfortunately has failed to ‘an indefensible gap’ by Lord Steyn in the any other adult. The court also reasoned that address the status of those who might be LAW SOCIETY PROFESSIONAL TRAINING
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LSPT Gazette ad October 2019.indd 1 16/09/2019 15:14 Law Society Gazette | gazette.ie INCAPACITY October 2019 55
PEOPLE WHO LACK CAPACITY HAVE THE SAME RIGHTS TO ‘PHYSICAL LIBERTY’ AS EVERYONE ELSE, AND THIS CAN ONLY BE CURTAILED WITH PROPER SAFEGUARDS
considered incapacitated but compliant. determine when and whether it was in the able to ‘understand their situation’ and In EH v Clinical Director of St Vincent’s best interest of AC to leave the hospital – agrees with, or at least does not object to, Hospital, the Supreme Court considered the held that the hospital acted unlawfully in the arrangements. HL decision, but it was distinguished on the restraining and detaining AC. At the time There is both an objective and subjective basis that EH was subject to an admission of writing, this matter is under appeal to the condition to be determined in establishing if order at the time of commencement of the Supreme Court. DOL exists. article 40 application. A tension exists between not imposing The Mental Health Act 2001 takes great Great leap forward restrictive legal procedures on incapacitated care in authorising the detention of a patient The introduction of the 2015 act is a leap people who can express their wishes and are as an involuntary patient, and significant forward in the protection of vulnerable content with their care arrangements, and protections and safeguards for involuntary adults who are experiencing difficulties with ensuring that the law protects the liberty patients exist. However, there is a complete decision-making. It repeals the outdated of all incapacitated persons who are not lack of any such legislative protection for Lunacy Regulation (Ireland) Act 1871, which permitted to leave their place of residence. a voluntary patient, who is defined as “a heretofore governed the law in relation to person receiving care and treatment in an one’s capacity to make decisions. It also approved centre who is not the subject of an repeals the outdated wards-of-court system admission order of renewal order”. There and implements a modern framework of LOOK IT UP is no reference to consent or capacity or to supported decision-making that seeks to those who have or have not the capacity to give effect to the ‘functional approach’ to CASES: consent to their admission. capacity. n AB v Clinical Director of St Loman’s Two decisions of the High Court are The act gives effect to a number of Hospital [2018] IECA123; [2018] 2 problematic for incapacitated but compliant international conventions to make it ILRM 242 patients. possible for Ireland to meet its international n AC v Cork University Hospital, AC v The first is McN(M) & C(L) v HSE (2009), obligations. However, in light of recent Clare [2018] IECA 217 where Peart J held that the applicants were jurisprudence, one wonders whether it n EH v Clinical Director of St Vincent’s voluntary patients as defined in the act, goes far enough to protect those who are Hospital [2009] IESC 46 despite the fact that neither could give their incapacitated but compliant. n Guzzardi v Italy [1980] ECHR 5 consent to that status. The act gives statutory force to the n HL v United Kingdom [2004] ECHR In the second, L(P) v Clinical Director of common law presumption of capacity, and 471 St Patrick’s Hospital & O’Ceallaigh (2012), provides that it shall be presumed that a n IF v Mental Health Tribunal [2018] the court refused to make declarations of person has capacity unless the contrary is IECA 101 unlawful detention and distinguished the shown in accordance with the provisions of n L(P) v Clinical Director of St Patrick’s facts of the case from those in HL. This the act. Hospital & O’Ceallaigh [2012] IEHC decision (PL) was overturned on appeal, and The functional approach is time-specific 15, [2014] 4 IR 385; PL v Clinical in a detailed judgment delivered by Hogan J, and issue-specific and, therefore, the Director of St Patrick’s University the Court of Appeal, in allowing the appeal, assessment of capacity is narrowed to the Hospital [2018] IECA 29 held that a voluntary patient who expresses particular decision that needs to be made. n McN(M) & C(L) v HSE [2009] IEHC a desire to leave a secure unit at an approved It could be said that all incapacitated older 236 centre remains free in principle to do so people in residential care for illnesses such as n P v Cheshire West and Chester at any convenient time, and may not be severe dementia are confined, insofar as they Council and another [2014] UKSC; restrained by the hospital from leaving, save are under the continuous supervision and 19 [2014] AC 896 in accordance with the provisions of section control of staff and are not free to leave. 23 of the Mental Health Act 2001. According to jurisprudence from the LEGISLATION: However, in a significant judgment in AC ECJ, what is relevant is the significance n Assisted Decision-Making Capacity v Cork University Hospital, AC v Clare (2018), one attaches to whether a person who lacks Act 2015 the Court of Appeal – in a case where the legal capacity to ‘validly consent’ to care n Mental Health Act 2001 hospital maintained that it was entitled to arrangement that involve confinement is 56 October 2019 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie
NEW DIRECTIVE UPS PROTECTION FOR WHISTLEBLOWERS The new Whistleblower Directive should be transposed into Irish law within two years, and will apply to the private sector for the first time. Judy O’Loan explains
JUDY O’LOAN IS MANAGING SOLICITOR OF THE TRANSPARENCY LEGAL ADVICE CENTRE
reland’s Protected Disclosures Interest Disclosure Act 1998 and between 50 and 249 employees Act 2014 (PDA) will undergo concluded that, due to cover-ups share resources for the receipt some major changes two years and penalisation of whistleblow- and investigation of reports of Ifrom now to comply with a new ers, Britain “needs a comprehen- wrongdoing. EU directive on the protection of sive, transparent and accessible persons reporting on breaches of framework and an organisation Tighter timeframes European Union law, also referred that will support whistleblowers The directive will impose a much to as the Whistleblower Directive. and whistleblowing”. (The report tighter timeframe on recipients While the preamble encour- can be found at www.appgwhis- for processing protected disclo- ages EU member states to extend tleblowing.co.uk.) sures. The recipient will have to the application of this new law acknowledge receipt within seven to other areas, the directive lays Private sector extension days and to “diligently follow-up down minimum standards for the The most notable change will be on disclosures”. Feedback, which protection of persons reporting the extension of protected dis- may not necessarily be the out- breaches of union law in: closures law to the private sector. come of an investigation, will be • Public procurement, Currently, section 21 of the Irish required within three months THE DIRECTIVE • Financial services, products PDA 2014 makes the establish- (with a possible extension to six WILL CREATE and markets, and prevention of ment and maintenance of pro- months). money-laundering and terrorist cedures for making protected NEW LEGAL financing, disclosures mandatory for public Internal disclosures • Product safety and compliance, bodies only. The new directive seeks to SAFEGUARDS FOR • Transport safety, Under the directive, it will be encourage disclosers to report a VOLUNTEERS, • Protection of the environment, mandatory for companies with disclosure internally in the first • Radiation protection and over 50 employees to establish instance: “Member states shall SHAREHOLDERS, nuclear safety, internal channels and procedures encourage the use of internal • Food and feed safety, animal for reporting, and following-up channels before external report- OR NON- health and welfare, on, reports of breaches of EU ing, where the breach can be EXECUTIVE • Public health, law. However, entities of any size effectively addressed internally • Consumer protection, falling under EU law relating to and where the reporting person MEMBERS, WHO • Protection of privacy and per- financial services, products, mar- considers that there is no risk sonal data, and security of net- kets, prevention of money-laun- of retaliation.” The PDA also WILL BE ABLE TO work and information systems, dering and terrorist financing, adopts this approach. MAKE A REPORT • Breaches affecting the financial transport safety, and protection This may pose challenges for interests of the union, and of the environment will have to a worker who chooses to report UNDER THE • Breaches affecting the single comply. externally in the first instance. If market. Member states may undertake the worker is subsequently penal- PROTECTIONS OF risk assessments on companies ised in the workplace, it may be THE LEGISLATION The amendment to the current with less than 50 employees and, harder to establish the causal link legislation comes at a time when if necessary, require these compa- between the disclosure and the a British all-party parliamentary nies to comply, particularly those penalisation, as the employer may News from the EU and group on whistleblowing gath- operating in the areas of envi- argue that they did not know of International Affairs Committee. Edited by TP Kennedy, director of ered evidence from more than 300 ronment and health. The direc- the disclosure. Further, under the education, Law Society of Ireland whistleblowers on Britain’s Public tive allows that companies with current legislation, if a worker Law Society Gazette | gazette.ie BRIEFINGBRIEFING | |EURLEGAL ????????? October 2019 57 PIC: SHUTTERSTOCK
Ice T’s suggestion that it be called the Snitches Get Stitches Directive was rejected
reports externally, the reason- Prescribed persons meetings with the discloser, repetitive reports that do not ableness of the workers’ actions To date, there has been relatively where requested. include any new or meaningful in so doing are taken into con- little guidance for prescribed per- • Providing dedicated staff to information. sideration and, if good internal sons in Ireland on their responsi- handle reports and maintaining • Transferring the report/case processes have not been used, this bilities and their powers to inves- contact with the reporting per- to another competent author- may go against the worker. tigate. The new directive includes son. These staff members must ity where it is deemed that The directive will also create a range of specific provisions for have received specific training. the receiving body does not new legal safeguards for volun- ‘competent authorities’. In the • Acknowledging receipt of have the competence to deal teers, shareholders, or non-execu- Irish context, competent authori- a report within seven days, with a report within a reason- tive members, who will be able to ties will likely include prescribed unless the discloser has explic- able timeframe or in a secure make a report under the protec- persons and any other relevant itly requested otherwise or the manner, and informing the dis- tions of the legislation. Similarly, bodies to whom disclosures can competent authority believes closer without delay. those not yet recruited can make a be made. A further disclosure to that acknowledging the report • Communicating the final out- report where the information on the regulator is not uncommon in would jeopardise the discloser’s come of an investigation to the a breach has been acquired during the process of a protected disclo- confidentiality. discloser in accordance with the recruitment process or other sure. • Following up diligently on national law, as well as to other pre-contractual negotiation. The new requirements include: reports and providing feedback relevant authorities and institu- The PDA currently stipulates • Maintaining secure systems on the response to the report tions. that the information disclosed for the receipt and record- within three months (or six must have come to the worker’s ing of reports that ensure the months in duly justified cases). Competent authorities must also attention “in the connection with confidentiality of the discloser. • Informing the discloser of a publish the following informa- the worker’s employment,” while Reports should be stored for decision not to pursue a report tion on their website in an easily the directive talks about ‘infor- no longer than is proportionate in instances where the mat- accessible section and review and mation acquired’ and, as such, and necessary. ter is judged by the competent update it every three years: appears to offer a wider scope • Establishing a variety of report- authority to be minor and not • The conditions under which on the source of the information ing channels that allow for oral requiring any follow-up on reporting persons qualify for being disclosed. and written reports and/or their part, or where there are protection, 58 October 2019 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie
• Information regarding the a) Suspension, lay-off or dis- • Early termination or cancella- proceedings, despite full immu- types of reports that can be missal, tion of a contract for goods and nity in other proceedings. The made and measures for pro- b) Demotion or loss of opportu- services, new directive, under article 21, tecting the discloser from nity for promotion, • Cancellation of a licence or will oblige member states to offer retaliation, c) Transfer of duties, change permit, full immunity: “In judicial pro- • A clear statement explaining of location of place of work, • Psychiatric or medical referral. ceedings, including for defama- when the discloser will not be reduction in wages or change tion, breach of copyright, breach liable for a breach of confiden- in working hours, While some of these categories of secrecy, data protection rules, tiality relating to the acquisi- d) The imposition or adminis- may have previously fallen within disclosure of trade secrets, or for tion of or access to the relevant tering of any discipline, repri- the ‘injury, damage or loss’ or compensation requests based on information, mand or other penalty (includ- ‘unfair treatment’ category, this private, public, or on collective • Details of how to make a report ing a financial penalty), clearer delineation will assist labour law, reporting persons shall to the authority, e) Unfair treatment, those whistleblowers contemplat- not incur liability of any kind for • Details on how the report will f) Coercion, intimidation or ing legal action. The burden of having made a report or public be processed, including the harassment, proof will rest with the employer disclosure in accordance with this timeframes and format for g) Discrimination, disadvantage to prove that any alleged detri- directive and shall have the right feedback, or unfair treatment, mental measure was based on to rely on that reporting or disclo- • The confidentiality regime for h) Injury, damage or loss, and ‘duly justified grounds’. sure to seek dismissal of the case, reports and how personal data i) Threat of reprisal.” provided they had reasonable will be processed, More support grounds to believe that the report- • The nature of the follow-up Under section 13 of the PDA, Under article 14 of the new direc- ing or disclosure was necessary for that will be given to reports, workers are also afforded a rem- tive, member states will have to revealing a breach pursuant to this • Remedies and procedures edy in the civil courts for ‘detri- ensure that whistleblowers have directive.” available against retaliation and ment’. The current definition of access to free comprehensive and However, if the acquisition of, details of where persons con- detriment includes “(a) coercion, independent information on their or access to, the relevant informa- templating making a report can intimidation or harassment, (b) rights, as well as advice on proce- tion constitutes a self-standing access confidential advice, and discrimination, disadvantage or dures and remedies available on criminal offence, criminal liability • Contact information for any adverse treatment in relation protection against retaliation. will remain. other relevant bodies providing to employment (or prospective Significantly, the directive also independent information and employment), (c) injury, damage says that member states shall Trade secrets advice to the discloser. or loss, and (d) threat of reprisal”. ensure that whistleblowers have The PDA was amended on 9 June The definitions of penalisation/ access to legal aid, legal counsel- 2018 to incorporate provisions of This more prescriptive approach retaliation are being extended in ling, or other legal assistance in the EU Protection of Trade Secrets chimes with demands from the the new directive to include: accordance with national law. Directive (2016/943). The effect British all-party parliamen- • Withholding of training, This potentially has implications of the amendment was to require tary group, which called for “an • Negative performance assess- for the legal aid regime in Ireland whistleblowers to show they were urgent review of the prescribed ment or employment refer- in respect of WRC and Labour motivated by the ‘general public persons list, a more comprehen- ences, Court claims, for which there is interest’ when disclosing ‘com- sive guide to their role, and mea- • Ostracism, currently no legal aid for repre- mercially sensitive information’, sures put in place to ensure that • Failure to convert a tempo- sentation. even if they reported a crime to they fulfil their responsibilities”. rary employment contract into The British all-party parlia- the relevant authorities and their a permanent one, where the mentary group found that expen- allegations were true. Definition of penalisation worker had legitimate expec- sive legal disputes were one of the The directive states under Under section 12 of the PDA, tations that he or she would devastating impacts on whistle- article 21(7) that no liability on if an employee is penalised by be offered permanent employ- blowers. It called for “an urgent the discloser shall be incurred if their employer, or where their ment, review of the barriers to justice, a trade secret is reported and the employer causes or permits • Failure to renew or early ter- including access to legal aid and discloser can show that they had another person to penalise them, mination of the temporary an introduction of measures to ‘reasonable grounds’ to believe they have a right to pursue dam- employment contract, tackle inequality of arms, includ- that the reporting or public disclo- ages in the Workplace Relations • Damage to a person’s repu- ing protection against costs”. sure was necessary for revealing a Commission (WRC). The cur- tation, particularly in social breach in accordance with the rent definition of penalisation is media, or financial loss, includ- Defamation proceedings directive. ‘Reasonable grounds’ “any act or omission that affects a ing loss of business and loss of Under the PDA, disclosers were should represent a narrower bur- worker to the worker’s detriment income, only offered a ‘qualified privi- den of proof for whistleblowers and, in particular, includes: • Blacklisting, lege’ exemption in defamation than ‘general public interest’. Law Society Gazette | gazette.ie BRIEFING | GUIDANCE NOTE October 2019 59
PROBATE OFFICE MAJOR PROCEDURAL CHANGES INTRODUCED BY PROBATE OFFICE The purpose of this article is to pants in the probate process. Some of the changes (such The changes to the oath and inform members of the profes- In addition, there have been as the fees and new oath and bond will form part of a spe- sion of changes taking place in significant changes in society bond) are dependent on minis- cific information campaign, the internal practices and pro- since the enactment of the Suc- terial approval, and the Courts which will begin in advance cesses of the Probate Office cession Act, and probate practices Service will be pressing the of approval of the changes. from 1 November 2019. These and processes need to be updated Minister for Justice to approve That information campaign changes do not require ministe- to reflect these societal changes. these changes as soon as is effectively starting with this rial approval and are therefore The programme of reform possible. article. under the control of the Probate includes: The Law Society will be The E-Probate Project is Office. • Changes to procedures and updated on progress, and it is up and running, and there is a Please note this date carefully, practice, hoped to have a short interim project board in place. While as this is the ‘go live’ date for the • The simplification of fees, period after approval before progress will be dependent on changes outlined below. Please • Revamped web pages, these changes take effect. funding and other resources bring this to the attention of • A redesigned oath and bond, Once approved, the changes being available, it is hoped anyone involved with doing pro- and will be notified to all par- that the ultimate shape of bate in your office. • Electronic probate. ties to the probate process. the e-probate solution will Over the past year or so, the become clear later this year. Probate Office has undergone The Law Society has been some major internal changes, briefed on the project, and including the installation of a SUMMARY OF CHANGES further meetings are due to be new management team. Prac- 1) The original death cert is ners must be cleared-off in held shortly. titioners will have noticed a required in all cases. Cop- the same way as spouses. The Courts Service is in significant reduction in waiting ies will not be accepted. The 6) In intestate cases, where the process of updating its times over the past year. original will be retained by someone has never married website and, as part of this The office is keen to build on the Probate Office. (or entered into a CP), it will project, the Probate Office this progress and is currently 2) One original and one copy of no longer be assumed that pages are being completely driving a wide agenda of reform the Revenue Affidavit must be they had no issue. Issue must revamped. The new pages will of probate practices and pro- lodged. There cannot be two be cleared-off as if the person be more user-friendly and will cesses within the Principal Pro- originals. The copy must be was widowed. assist solicitors in completing bate Office. certified by the solicitor to be 7) Affidavits of market value will probate papers. As part of this agenda, the a true copy of the original. not be required in the future. If In time, the revamped web Probate Office is acutely aware 3) A notice of application must a current valuation is needed, pages will become a valuable of the error rate on probate be lodged in all cases. This a letter from an auctioneer will resource and will become the papers lodged by solicitors is instead of copy oaths. No suffice in all circumstances. main conduit for communica- and the impact this has on the copies of oaths are to be 8) If the papers are lodged tions between the Principal Probate Office, solicitors, and lodged in any case, and they within 12 months of the date Probate Office and all parties their clients. The error rate will not be accepted. The of death, no proof of current to the probate process. is currently 60%. One of the notice of application is avail- market value will be needed. The changes are designed principal objectives in reform- able on the Courts Service 9) In applications for second or to: ing practices and processes is to website. subsequent grants, it will no • Bring a degree of clarity reduce the error rate on papers 4) In all cases with wills, where the longer be necessary to put to probate procedures for submitted, and to streamline oath currently states that the the word ‘unadministered’ practitioners, applications. deceased did not intermarry before the word ‘estate.’ • Increase the efficiency of There has been ongoing with any person after making 10 )Postal applications must be the Probate Office, engagement between the Pro- the will, it must now also state accompanied by a stamped, • Reduce the likelihood of bate Office and the Law Soci- that they did not enter into a addressed envelope to the papers being queried, and ety, and it is intended that this civil partnership (CP). value of the papers. Other- • Make the system more engagement will continue to the 5) In intestate cases, civil part- wise, they will not be assessed. legally robust and rele- mutual benefit of all the partici- vant. SUPPORTING YOUR DIPLOMA CENTRE CPD NEEDS
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COURSE NAME DATE FEE LLM Advanced Legal Practice 28 September 2019 €3,400 Diploma in Family Law 01 October 2019 €2,500 Diploma in Finance Law 08 October 2019 €2,500 Diploma in Criminal Law and Practice (new) 11 October 2019 €2,500 Diploma in Construction Law 12 October 2019 €2,500 Diploma in Judicial Skills and Decision-Making 16 October 2019 €2,800 Diploma in Technology and Intellectual Property Law 16 October 2019 €2,800 Diploma in Arts, Entertainment and Media Law (new) 17 October 2019 €2,500 Diploma in Education Law 01 November 2019 €2,500 Diploma in Mediator Training 01 November 2019 €3,250 Diploma in Advocacy Skills 14 November 2019 €2,500 Certificate in Aviation Leasing and Finance 26 September 2019 €1,550 Certificate in Data Protection Practice 03 October 2019 €1,550 Certificate in Juvenile Justice, Litigation and Advocacy 05 October 2019 €1,550 Certificate in Property Law and Conveyancing for Legal Executives(new) 05 October 2019 €1,550 Certificate in Conveyancing 15 October 2019 €1,550 Certificate in Agribusiness and Food Law 19 October 2019 €1,550 Certificate in Immigration Law and Practice 07 November 2019 €1,550 Certificate in Strategic Leadership for the In-House Lawyer 17 January 2020 €1,550 LLM in Experiential Learning and Teaching 13 January 2020 €5,400 LLM Employment Law in Practice 25 January 2020 €3,400 Diploma in Aviation Leasing and Finance 30 January 2020 €2,800 Certificate in Company Secretarial Law and Practice 04 February 2020 €1,550
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Diploma Centre full page Gazette ad Oct 2019.indd 1 23/09/2019 10:23 Law Society Gazette | gazette.ie October 2019 61 PROFESSIONAL NOTICES NOTICES
WILLS Blake, Mona (deceased), late of RATES 16 Broadfield Drive, Rathcoole, Co Dublin, and formerly of Apt 125 Carrigmore Crescent, Sag- PROFESSIONAL NOTICE RATES gart, Co Dublin, who died in or RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: around 25 July 2019. Would any • Wills – €150 (incl VAT at 23%) person having knowledge of a • Title deeds – €300 per deed (incl VAT at 23%) will made by the above-named • Employment/miscellaneous – €150 (incl VAT at 23%) deceased please contact Gemma Stack, P&G Stack, Solicitors, HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €30 EXTRA Main Street, Maynooth, Co Kildare; DX 98008; tel: 01 629 ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE MADE PAY- 0900, email: [email protected] ABLE TO LAW SOCIETY OF IRELAND. Send your small advert details, with payment, to: Gazette SUPPORTING Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. YOUR Brennan, Patricia Ann (Trish) Deadline for November 2019 Gazette: 9 October 2019. For further information, contact the DIPLOMA CENTRE CPD NEEDS (deceased), late of 6 Belmont Gazette office on tel: 01 672 4828. Park, Donnybrook, Dublin 4, No recruitment advertisements will be published that include references to ranges of post-qualification who died on 12 July 2019. Would experience (PQE). The Gazette Editorial Board has taken this decision based on legal advice that indicates Leaders in legal education with professional focus and practical insight any person having knowledge of that such references may be in breach of the Employment Equality Acts 1998 and 2004. the whereabouts of any will made Introducing our flexible on-site and online CPD recognised courses by the above-named deceased, or if any firm is holding same, whereabouts, please contact David Kelly, Manus (deceased), late the said deceased please contact please contact Marcus Lynch, Lavelle, Augustus Cullen Law, of Drumacanoo, Churchill, Niall King, JF Williams & Com- COURSE NAME DATE FEE Solicitors, 12 Lower Ormond Solicitors, 7 Wentworth Place, Letterkenny, Co Donegal, who pany, Solicitors, Main Street, LLM Advanced Legal Practice 28 September 2019 €3,400 Quay, Dublin 1; DX 200 335; Wicklow; tel: 0404 67412, email: died on 23 June 2019. Would Dungarvan, Co Waterford; tel: Diploma in Family Law 01 October 2019 €2,500 tel: 01 873 2134, email: brendan. [email protected] any solicitor or person having 058 75024, email: reception@ [email protected] knowledge of the whereabouts jfwilliams.ie Diploma in Finance Law 08 October 2019 €2,500 French-Kilroy, Valerie (dec- of any will made or purported Diploma in Criminal Law and Practice (new) 11 October 2019 €2,500 Carter, Thomas (deceased), eased), late of Kilbree Lower, to have been made by the above- Nolan, Michael Malachy Diploma in Construction Law 12 October 2019 €2,500 late of Craffield, Aughrim, Co Westport. Co Mayo, and for- named deceased please contact (deceased), who died on 18 Wicklow. Would any person hav- merly of Leap, Co Cork. Would Crawford Gallagher Solici- February 2019, and Nolan, Diploma in Judicial Skills and Decision-Making 16 October 2019 €2,800 ing knowledge of a will made by any person having knowledge tors, High Road, Letterkenny, Sarah (otherwise Sadie Nolan) Diploma in Technology and Intellectual Property Law 16 October 2019 €2,800 the above-named deceased, who of the whereabouts of any will Co Donegal, F92 TW13; tel: (deceased), who died on 9 Diploma in Arts, Entertainment and Media Law (new) 17 October 2019 €2,500 died on 9 October 2019, please made or purported to have 074 916 4906, email: info@ February 2019, both late of School contact Deirdre Fox & Associ- been made by the above-named crawfordgallaghersolicitors.ie Road, Lugduff, Tinahely, Co Diploma in Education Law 01 November 2019 €2,500 ates, Solicitors, Market Square deceased, or if any firm is hold- Wicklow. Would any person hav- Diploma in Mediator Training 01 November 2019 €3,250 House, Aughrim, Co Wicklow; ing same, please contact Kevin Lyons, Patrick D (orse Don) ing knowledge of a will executed Diploma in Advocacy Skills 14 November 2019 €2,500 tel: 0402 36955, email: info@ Houlihan, Kevin Houlihan (deceased), late of Charlton by the above-named deceased foxsolicitors.ie & Company, Solicitors, Main Villa, Kilmurray, Dungarvan, Co please contact Cooke & Kinsella, Certificate in Aviation Leasing and Finance 26 September 2019 €1,550 Street, Blessington, Co Wicklow; Waterford, who died on 9 Feb- Solicitors, Wexford Road, Arklow, Certificate in Data Protection Practice 03 October 2019 €1,550 Connors, Edward (Ned) DX 178 002 Blessington; tel: ruary 2010. Would any person Co Wicklow; tel: 0402 32928, Certificate in Juvenile Justice, Litigation and Advocacy 05 October 2019 €1,550 (deceased), late of 4 Burton 045 865 569, email: office@ having knowledge of the where- 40012, fax: 0402 32272, email: Hall, Leopardstown, Dublin kmhoulihan.com abouts of any will executed by [email protected] Certificate in Property Law and Conveyancing for Legal Executives(new) 05 October 2019 €1,550 18. Would any person having Certificate in Conveyancing 15 October 2019 €1,550 knowledge of a will executed by Higgins, Jeremiah (otherwise Certificate in Agribusiness and Food Law 19 October 2019 €1,550 the above-named deceased, who Jerry) (deceased), late of 120 died on 25 February 2019, please Uam Var Drive, Bishopstown, Certificate in Immigration Law and Practice 07 November 2019 €1,550 contact Mary R O’Shea, O’Shea Cork, formerly of 10 West Certificate in Strategic Leadership for the In-House Lawyer 17 January 2020 €1,550 Russell, Solicitors, Main Street, Bourne Park, Magazine Road, LLM in Experiential Learning and Teaching 13 January 2020 €5,400 Graignamanagh, Co Kilkenny; Glasheen, Cork, who died on 10 tel: 059 972 4106, email: nicholas August 2019. Would any person LLM Employment Law in Practice 25 January 2020 €3,400 @oshearussell.ie having knowledge of a will made Diploma in Aviation Leasing and Finance 30 January 2020 €2,800 or purported to have been made Certificate in Company Secretarial Law and Practice 04 February 2020 €1,550 Doyle, Matthew (deceased), by the above-named deceased, or late of Garrymore, Rathdrum, if any firm is holding same, please Co Wicklow, who died on 5 April contact Niamh O’Connor, JW CONTACT DETAILS 2019. Would any person having O’Donovan, Solicitors, 53 South e: [email protected] t: 01 672 4802 w: www.lawsociety.ie/diplomacentre knowledge of a will made by the Mall, Cork; tel: 021 730 0200, above-named deceased, or of its email: [email protected] All lectures are webcast, allowing participants to catch up on course work at a time suitable to their own needs. Please note that the Law Society of Ireland’s Diploma Centre reserves the right to change the courses that may be offered and course prices may be subject to change. 10_19
Diploma Centre full page Gazette ad Oct 2019.indd 1 23/09/2019 10:23 62 October 2019 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES
O’Hara, Michael (deceased), Dublin 3; tel: 01 833 3097, fax: 01 TITLE DEEDS late of 18 Riverway, Palmers 833 2515, email: info@baldwin In the matter of the Landlord REQUIRE ASSISTANCE Green, London N13 5LJ; 25 legal.com; ref: MOD/11601 and Tenant Acts 1967-2005 and Kenwyn Drive, Neasden, Lon- in the matter of the Landlord IN NORTHERN IRELAND don NW2 7NX; 1 Ashcombe Weldon, Tony Anthony and Tenant (Ground Rents) (No FOR THE PURPOSE OF Park, Neasden, London, NW2 (deceased), late of 24 Crannagh 2) Act 1978 and in the matter LITIGATION? 7QU; 54 Cairnfield Avenue, Castle Apartments, Crannagh of certain premises situate in Northern Ireland lawyers, Cricklewood, London NW2 Road, Rathfarnham, Dublin 14, Selskar Street, Wexford, and Brendan Kearney & Co Sol- 7PE; 45 Tanfield Avenue, formerly of 406 Clonard Road, in the matter of an application icitors, are interested in deal- London; Carra, Bonniconlon, Dublin 12, who died on 10 by Advance Tyre Company ing with all civil litigation Ballina, Co Mayo; and 37 The August 2019. Would any person Limited claims for those living outside Commons, Ballina, Co Mayo, having knowledge of the where- Take notice any person having Northern Ireland. An arrange- who died on 23 June 2019. abouts of any will made by the a freehold interest or any inter- ment of 50/50 is suggested. Would any person having knowl- above-named deceased please mediate interest in all that and edge of the whereabouts of contact Tom Collins & Company, those such portion of the lands, PLEASE CONTACT US TODAY TO DISCUSS FURTHER. any will made or purported to Solicitors, 132 Terenure Road hereditaments, and premises have been made by the above- North, Dublin 6W; tel: 01 490 comprised in and demised by a Brendan Kearney and Co Solicitors named deceased, or if any firm 0121, email: [email protected] lease dated 8 May 1920 between 028 7136 6612; 028 9091 2938; is holding same, please contact P (1) Laurence Stafford and (2) [email protected]; O’Connor & Son, Swinford, Co MISCELLANEOUS Laurence McCarthy and Robert brendankearney.com Mayo; tel: 094 925 1333, email: Joseph Godd for the term of 99 [email protected] INTERESTED IN SELLING years from 10 April 1920, sub- YOUR PRACTICE? ject to the yearly rent of £60 and comprised in and demised by the O’Sullivan, Denis (deceased), Retiring, merging your the covenants and conditions lease are therein in their entirety late of 67 Rathvilly Park, Finglas, practice, partnership, therein contained (the ‘lease’), described as “all that and those Dublin 11, who died on 9 working part-time? as are more particularly delin- the yard, two dwellinghouses, January 1999. Would any person Contact, in the strictest eated and described on the map harness room, stables, coach having knowledge of the where- confidence, Managing Part- annexed to a deed of assignment houses, sheds, offices and other abouts of any will made or pur- ner, Ferrys Solicitors, 15 dated 28 April 1986 between buildings thereon situate in Sels- ported to have been made by the Upper Ormond Quay, Dub- (1) Margaret Mary Wilson and kar Street, bounded on the north above-named deceased, or if any lin 7; tel: 01 677 9408, fax: (2) Advance Tyre Company partly by a yard and premises in firm is holding same, please con- 01 677 9408, email: info@ Limited and thereon coloured the occupation of Owen Kehoe tact Early & Baldwin, Solicitors, ferrysolicitors.com yellow and lettered ‘B’, which and partly by a house in the occu- 27/28 Marino Mart, Fairview, hereditaments and premises pation of Matthew Doyle and
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partly by a yard and premises in ony of Forth, and town and the occupation of said Laurence county of Wexford”. IS YOUR CLIENT INTERESTED McCarthy, on the south partly Take notice that Advance IN SELLING OR BUYING by the house in the occupation Tyre Company Limited intends of Daniel O’Keeffe, the prop- to submit an application to the erty of the lessor, and premises county registrar for the county A 7-DAY LIQUOR LICENCE? known as ‘The Imperial Hotel’, of Wexford for the acquisition email: [email protected] on the east by the road lead- of the freehold interest and any web: www.liquorlicencetransfers.ie ing from the quay to the bridge intermediate interest in the known as ‘the New Bridge’ and aforesaid property, and any party Call: 01 2091935 premises in the occupation of asserting that they hold a supe- said Laurence McCarthy, on the rior interest(s) in the aforesaid west by Selskar Street and the property are called upon to fur- said premises in the occupation nish evidence of the title to the September 1960 at the rent of of Daniel O’Keefe and other aforementioned property to the £75 (Irish pounds) per annum. premises the property of the les- below named within 21 days Take notice that Bill McCor- sor in the occupation of Daniel from the date of this notice. mack (Naas) Limited intends O’Sullivan, all of which said In default of any such notice to apply to the county registrar premises are more particularly being received, Advance Tyre of the county of Kildare to vest delineated on the map or plan Company Limited intends to in them the fee simple and any endorsed hereon and bounded proceed with the application intermediate interest in the said by a red line and are situate in before the county registrar for property, and any party asserting the parish of Saint Selskar, bar- the county of Wexford at the that they hold a superior interest end of 21 days from the date of in the aforesaid property is called this notice and will apply to the upon to furnish evidence of title SOLICITORS county registrar for the county to same to the below named of Wexford for directions as may within 21 days from the date of PRACTICE FOR be appropriate on the basis that this notice. SALE – the persons beneficially entitled In default of any such notice to the superior interest includ- being received, Bill McCormack DUBLIN 12 ing the freehold reversion in the (Naas) Limited intends to pro- Solid and well run one-solicitor aforesaid property are unknown ceed with the application before to the superior interest includ- general practice for sale in Dublin or ascertained. the Kildare county registrar at ing the freehold interest in the 12. Owner retiring but willing to Date: 4 October 2019 the end of 21 days from the date aforesaid property are unknown work in parallel, if required. Signed: A&L Goodbody (solicitors of this notice and will apply to the or unascertained. for the applicant), International Kildare county registrar for such Date: 4 October 2019 Financial Services Centre, North directions as may be appropri- CONTACT: Signed: Wilkinson & Price (solici- David Rowe at Outsource Wall Quay, Dublin 1 ate on the basis that the person tors for the applicant), Main Street, 01 6788 490 or persons beneficially entitled Naas, Co Kildare [email protected] In the matter of the Landlord and Tenant Acts 1967-2005 and in the matter of the Landlord RECRUITMENT and Tenant (Ground Rents) (No STRONG GENERAL 2) Act 1978 and in the mat- EXPERIENCED CORPORATE SOLICITOR WANTED PRACTICE FOR ter of an application by Bill Moran & Ryan, Dublin, is seeking an experienced corporate solicitor. SALE IN McCormack (Naas) Limited The appropriate candidate will have at least five years’ experience of Any person having a freehold corporate matters, including advising on M&A transactions and drafting WEST CORK estate or any intermediate inter- standard corporate documents, including Shareholders Agreements. est in all that and those the The appropriate candidate should possess the following attributes: Well run and profitable general premises situate at no 37 South • Experience of managing their own matters. practice for sale, excellent sys- Main Street, in the town and • Clear communication skills with colleagues and clients. tems in place. Suits an ambitious barony of Naas, in the county • Commercial awareness to facilitate delivery of client’s objectives. practitioner looking to work for of Kildare, held by the applicant The position offers: themselves or someone looking Bill McCormack (Naas) Limited • Attractive salary. to relocate to an attractive area. as lessees under a lease dated 22 • Flexible working hours. March 1961 between Martha • Profit sharing arrangement for candidate with existing clients. CONTACT: K Cowl and Thomas Barnardo Moran & Ryan is a growing boutique commercial law firm which intend to David Rowe at Outsource of the one part and Thomas A work with the chosen candidate for the medium to long term. 01 6788 490 McCormack of the other part, Please apply in the strictest confidence to Seamus Connolly, Managing [email protected] for a term of 99 years from 29 Partner Moran and Ryan Solicitors [email protected]. 64 October 2019 FINAL VERDICT Law Society Gazette | gazette.ie
DE MINIMIS NON CURAT LEX WE NEED TO TALK ABOUT ‘IT’ An Auckland advertising copy- writer brought a clown to his redundancy meeting, the New Zealand Herald reports. New Zealand law allows work- ers the option of bringing a sup- port person to serious disciplinary meetings, usually relating to an employee’s prospective dismissal. After FCB New Zealand lost a significant client and began layoffs, Josh Thompson, who had reportedly been with the company for five months, received an ominous email from his bosses that read: “Bad news. We’re having a meeting to discuss your role.” Faced with the task of secur- ing an appropriate support person for the potentially tense meeting, Thompson, said: “I thought it’s best to bring in a professional, and loon animals at the meeting, and Reportedly, the clown mimed Said Thompson: “I mean, I so I paid $200 and hired a clown.” Thompson’s bosses had to request crying when the redundancy did get fired, but apart from that, The clown noisily crafted bal- he quieten down several times. paperwork was handed over. it was all smooth running.”
‘JE SUIS MAURICE!’ IF YOU GO DOWN TO A rooster called ‘Maurice’ can THE WOODS TODAY carry on with his dawn chorus, a French court has ruled. A bear fell onto a cop car in a steep embankment. The Guardian reports that the California, causing the vehicle to The bear smashed the bonnet tribunal rejected a retired cou- crash and explode, the LA Times and windscreen, before the car ple’s complaint about the bird’s reports. hit the embankment, rolled over, early morning crowing on the The sheriff’s deputy was and burst into flames. Île d’Oléron in western France, answering a call-out near Orleans, The deputy managed to escape and ordered them to pay €1,000 when the bear fell or jumped without serious injury. The bear in damages to Maurice’s owner. onto the car, apparently from fled the scene. The couple had argued that the 6.30am cock-crow was abnormal and disturbed the peace during GIANT SEAL OF APPROVAL their holidays. A giant seal foiled drug smugglers As planes searched the area, ‘shore party’ made a run for their They sought the removal of in Australia, after blocking their a fisherman witnessed suspi- dinghy, but were thwarted by the the bird or that it be silenced, escape, Time magazine reports. cious activity on nearby Burton huge sleeping seal. which triggered a ‘Je suis Mau- Five men were charged over a Island as an aircraft flew over- “The guys basically had the rice!’ campaign on social media. A$1 billion drug haul found on a head. Police launched a raid on choice of going through the seal or The defence lawyer said they tiny island off Western Australia the island, finding the smugglers getting arrested, and they ended had won because, “under French after their yacht ran aground and with a tonne of drugs they had up choosing getting arrested,” the law, you have to prove there is a was abandoned, sparking a search attempted to hide under seaweed. police commissioner for Western nuisance, and this was not done”. for its occupants. When the police arrived, the Australia said. Opening doors for business
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KBC Bank Ireland plc is regulated by the Central Bank of Ireland. LAW SOCIETY GAZETTE • Vol 113 No 3 Coming of age Tumbling down Small is beautiful LAW SOCIETY GAZETTE • Vol 113 No 3 Legal education The destruction of the Law Society support throughoutComing of the age Solicitors’Tumbling Buildings down and servicesSmall is address beautiful the needs Legal education The destruction of the Law Society support lifetime of lawyers the Four Courts in 1922 of smaller practices throughout the Solicitors’ Buildings and services address the needs lifetime of lawyers the Four Courts in 1922 of smaller practices
Everything you need to run a law firm Everything you need to run a law firm Everything you need to run a law firm LAW SOCIETY €4.00 APRIL 2019 LAW SOCIETY €4.00 APRIL 2019 Dunne/0012/AJC/2018 Dunne ga ette Details & Correspondence Calendar & Tasks Financial Summary Time & Fees Office Accounting Client Funds Registers Dunne/0012/AJC/2018 Dunne ga ette Details & Correspondence Calendar & Tasks Financial Summary Time & Fees Office Accounting Client Funds Registers Save & New New Share via Forms & New More Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase DETAILS CORRESPONDENCE Save & New New Share via Forms & New More Import & Timesheet DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE LEAP 9:41 AM 100% 150017Close Letter Email LawConnect Precedents Comment Types... Scanning Search correspondence IN PROGRESS Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase Marian Hughes DETAILS IN PROGRESS CORRESPONDENCE Search DETAILS CORRESPONDENCE Application to change the register JL Mar 23, 2018 Buyer Mr James Dunne & Mrs Agnes Dunne DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE 150017 Search correspondenceStaff Application to change the purchase date IN PROGRESS LEAP 9:41 AM 100% MatterMarian Type Hughes Purchase of 14 Beech Park Avenue DETAILSMarian Hughes Created: 23/03/2018, 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 IN PROGRESS CORRESPONDENCE Search From: Marian Hughes Compliance Date AML checks complete 08/03/2018. Application to change the register0012/AJC/2018 JL Mar 23, 2018 Buyer Mr James Dunne & Mrs Agnes Dunne Dunne - Purchase from Brennan Buyer DETAILS CORRESPONDENCE StaffCALENDARJL Mar 23, 2018 Application to change the purchase date Seller Tranters LLP - Ref: 67877/Brennan [email protected] 9:41 AM Mr James100% Dunne & Mrs Agnes Dunne Letter to Solicitors confirmation Matter Type Purchase of 14 Beech Park Avenue Letter to Solicitors confirming instructionsMarianJL Hughes Mar 23, 2018 Created: 23/03/2018, 10:23 AM DSearchunne Created: 23/03/2018, 11:13 AM Sellers Solicitor Dr Brian Brennan 0012/AJC/2018 From: Marian Hughes Compliance Date AML checks complete 08/03/2018. Scanned Property Plans MatterJL Type Mar 21, 2018 From: Marian Hughes Dunne - Purchase fromApplication Brennan to change the Buyerregister Mr Michael Cullen DETAILS CORRESPONDENCEPurchaseCALENDARJL of 14 BeechMar 23, Park 2018 Avenue Seller Tranters LLP - Ref: 67877/Brennan [email protected]: 23/03/2018, 10:23AM Letter to Solicitors confirmation Dunne - Documentation required for sale Mr James Dunne & Mrs Agnes Dunne Property 14 Beech Park Avenue, Foxrock, Dublin 18 From: Marian Hughes JL Mar 21, 2018 Dunne - Purchase from Brennan [email protected] Search Created: 23/03/2018, 11:13 AM Sellers Solicitor Dr Brian Brennan Compliance Created: 23/03/2018, 11:00 AM Scanned Property PlansLetter to Solicitors confirmingMatter ins...JL Type Mar 21, 2018 From: Marian Hughes Land Registry Land Registry (Dublin) Application to change theDate register AML checks complete: 01/03/20... Mr Michael Cullen Created: 23/03/2018, 11:13AM From: Marian Hughes 1 Survey Report - 14 BeechCreated: Park 23/03/2018, Avenue 10:23AMPurchaseJL of 14Mar Beech 20, Park 2018 Avenue Conveyancing Details Price: €695,000.00 Dunne - DocumentationFrom: required Marian Hughes for sale Property 14 Beech Park Avenue, Foxrock, Dublin 18 From: Marian Hughes JL Mar 21, 2018 Dunne - Purchase from Brennan [email protected] Seller Scanned Property Plans Dunne - Purchase from BrennanCompliance Created: 23/03/2018, 11:00 AM Estate Agent Greenfold Estates - Ref: 14 Beech Park... Completion StatementLetter to Solicitors confirmingDr Brian JLins... Brennan Land Registry Land Registry (Dublin) Created: 23/03/2018, 11:00AM Mar 19, 2018 Created: 21/03/2018, 10:43 AM Created: 23/03/2018, 11:13AMDate AML checks complete: 01/03/20... From: Marian Hughes 1 Mr Brian Brooks Survey Report - 14 BeechFrom: Marian Park Hughes Avenue JL 1 Mar 20, 2018 From: Marian Hughes Conveyancing Details Price: €695,000.00 From: Marian Hughes Telephone with Client - advised of possib...SellersJL Solicitor Lender HSBC Bank - Ref: Dunne/87876566/... Scanned Property Plans Seller Mar 18, 2018 Scanned Property Plans Dunne - Purchase from BrennanTranters LLP - Ref: 67877/Brennan Estate Agent Greenfold Estates - Ref: 14 Beech Park... Completion StatementCreated: 21/03/2018, 10:43AM Dr BrianJL Brennan Dunne - Documentation required Created: 23/03/2018, 11:00AM Mar 19, 2018 Created: 21/03/2018, 10:43 AM Bank Details Account Number: 56791572 From: Marian Hughes Created: 21/03/2018, 11:22 AM Mr Brian Brooks Letter to Lender sendingFrom: Report Marian Hughes on Title PropertyJL 1 Mar 16, 2018 From: Marian Hughes Sellers Solicitor From: Marian Hughes Local Authority City of Dublin Council Telephone with ClientDunne - advised - Documentation of possib... required...JL 1 APRIL 2019 Lender HSBC Bank - Ref: Dunne/87876566/... Scanned Property Plans14 Beech Park Avenue,Mar 18, Foxrock, 2018 Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM Tranters LLP - Ref: 67877/Brennan Created: 21/03/2018, 10:43AM JL Dunne - Documentation required Local Authority Details District: Dublin From: Marian Hughes 1 Mar 15, 2018 Bank Details Account Number: 56791572 [email protected] From: Marian Hughes Survey Report - 14 Beech Park Avenue Letter to Lender sending Report on TitleLandJL Registry Created: 21/03/2018, 11:22 AM Property Mar 16, 2018 Created: 20/03/2018, 2:50 PM Survey Report - 14 BeechLand Park... Registry (Dublin) From: Marian Hughes Local Authority City of Dublin Council Dunne - Documentation required... 1 APRIL 2019 Created: 20/03/2018, 2:50PM 14 Beech Park Avenue, Foxrock, Dublin 18 From: Marian Hughes Purchase from BrennanCreated: 21/03/2018, 11:22AM From: Marian Hughes JL Local Authority Details District: Dublin [email protected] From: Marian Hughes 1 Mar 15, 2018 Land Registry Survey Report - 14 Beech Park Avenue Created: 20/03/2018, 2:50 PM Survey Report - 14 BeechLand Park... Registry (Dublin) Created: 20/03/2018, 2:50PM From: Marian Hughes From: Marian Hughes
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