LAW SOCIETY Gazette€3.75 Jan/Feb 2008 MEASUREMEASURE FORFOR MEASURE:MEASURE: HighHigh CourtCourt costscosts INSIDE: DIVORCE 10 YEARS ON • BUYING/SELLING PRACTICES • FOCUS ON GALWAY • YOUR LETTERS LAW SOCIETY GAZETTE JAN/FEB 2008 CONTENTS On the cover LAW SOCIETY What light through yonder window breaks? ’Tis an account of High Court costs, measure for measure. Asses are made to bear, and so are you: the words Gazette expressly are “a pound of flesh”. Let every eye negotiate for itself, Jan/Feb 08 but all that glisters is not gold PIC: GETTY IMAGES/GAZETTE STUDIO Volume 102, number 1 Subscriptions: €57 REGULARS 5 President’s message 7 News Comment 13 13 Letters Analysis 16 16 News feature: new LRC programme 18 News feature: Justice Media Awards 2007 20 Human rights watch: if you want blood, you’ve got it 20 One to watch: new marriage regulations 11 46 People and places Obituary 51 Eugene Carey, 1955-2007 53 Student spotlight Book review 55 Principles of Irish Property Law Briefing 56 56 Council report 57 Practice notes 58 Legislation update: 17 November ’07 – 16 January ’08 47 60 Solicitors Disciplinary Tribunal 61 Firstlaw update 63 Eurlegal: the Lisbon Treaty 67 Professional notices 73 Recruitment advertising Editor: Mark McDermott. Deputy editor: Dr Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 67. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 01 837 5018, fax: 01 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, Ken Murphy, 53 Philip Nolan. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE JAN/FEB 2008 Get more at lawsociety.ie PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO: LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up to the current issue at lawsociety.ie. COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] You can also check out: • Current news HAVE YOU MOVED? Members of the profession should send change-of-address • Forthcoming events, including the new details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] distance learning course in District Court Subscribers to the Gazette should send change-of-address details to: procedures, 23 February Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • Employment opportunities • The latest CPD courses HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. … as well as lots of other useful information Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] FEATURES COVER STORY: 24 Measure for measure What is the basis of the High Court’s jurisdiction to measure costs, and when is measurement of costs more appropriate than taxation? Hugh Kennedy and Brid O’Flaherty break out their measuring tapes Ten years after 28 Ten years after divorce was introduced in Ireland, there are about 60,000 divorced people here. But what type of legal framework and practice should underpin the law in this area? Geoffrey Shannon’s intentions are honourable Disputed territory 32 The Ryanair judgment limits the Labour Court’s jurisdiction to issue recommendations with regard to non-unionised workplaces. But it leaves many areas open to further interpretation, writes Maura Connolly Breathing easy 36 In the third article in our series on how an economic 28 downturn might affect solicitors, Barry Lyons says that the right knowledge can lead to new business by providing examinership solutions to difficulties faced by client companies Sweetening the pot 40 In the second of a two-part series, Hilary Haydon demystifies the complexities of valuing, buying and selling a solicitor’s practice Into the West 43 In our continuing series of snapshots of the profession around the country, Colin Murphy finds plenty of change in Galway, some of it led by a cabal of ‘young guns’ who think that some things could be done better The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Email: [email protected] Law Society website: www.lawsociety.ie 36 www.lawsociety.ie 3 NEW OFFICE NOW OPEN IN DUBLIN Merchants House, Merchants Quay, Dublin 8 Opposite the Four Courts Tel: 01 675 0819 Are you Happy with the interest you are Earning? Happy with the interest you are Paying? Are you paying Set-Off interest on all Facilities? Paying Uncleared Interest/Surcharge Interest? Talk to Kieran Finnan I will make Money for your Practice with my Banking Health Check A Nationwide Service to the Legal Profession Call us now Finnan Financial Limited Dublin: Merchants House, Merchants Quay, Dublin 8 (opposite Four Courts) 01 675 0819 Waterford: 21 O’Connell Street, Waterford. DX 44058 Waterford 051 850672 [email protected] www.finnanfinancial.com PRESIDENT’S MESSAGE LAW SOCIETY GAZETTE JAN/FEB 2008 Mura gcuirfidh muid san earrach ní bhainfidh muid san fhomhair olleagues, first and foremost I would client or in the capacity like to take this opportunity to wish of an arbitrator or you and your families every success mediator. In the course of and happiness for 2008. It is, of the year, the Society will C course, the time of the year for well- be launching new intentioned New Year’s resolutions. In my own case, schemes of arbitration the resolutions are by now so familiar that I view and mediation, and I them as the annual visit of close family friends. On would encourage you to this occasion, however (as so often in the past), I participate and, hope that they stay around until at least early importantly, to bring these opportunities to the “In the course of summer! attention of your clients. On a professional level, it is also an opportunity We are, of course, at the beginning of a new CPD the year, the for us to take stock and to plan for the year ahead. cycle, and what better time to strategically plan to Society will be As ever, there is no shortage of doom and gloom refine our existing skill sets? While, obviously, it is a being predicted, given that there is undoubtedly matter for individual choice, increasing numbers are launching new increased pressure on some traditional areas of seeking to participate in diploma programmes, schemes of practice. certificate courses or advanced advocacy courses as For this reason, the Society has established a an alternative to the more traditional stand-alone arbitration and Practice Management Task Force, which aims to lectures. The feedback we get is that longer courses mediation, provide guidance and assistance to solicitors who bring more ‘added value’ and satisfaction to the are interested in changing their work practices to participants. This is, therefore, the perfect time to and I would accommodate practising into their lives – rather plan to derive maximum benefit from the CPD encourage you than the other way around. obligations in the course of this present cycle. The start of a new year, coming at a time of In summary, my wish for the profession for 2008 to participate change in the legal market place, is also an is that, in recognising inevitable change, we embrace and, importantly, opportunity for colleagues to consider developing it as presenting opportunities rather than threats. We new expertise, perhaps in the practice areas where owe it to ourselves personally to continually reflect to bring these there is now a huge demand for legal talent. While on whether we work to live, or live to work. There opportunities to there are many to choose from, I would like to can be no doubt that if we practise smartly, our job concentrate here on the area of arbitration/ satisfaction will be greater, and our capacity to the attention of mediation/alternative dispute resolution. The Society deliver a quality service to our clients will be your clients” is strongly supportive of measures that that can enhanced. resolve contentious problems for our clients as It’s my hope that, in plagiarising the motto quickly and as economically as possible. There is of the Munster team, we can be inspired by their growing support, not only from within the profession, tenacity: “To the brave and faithful, nothing is but also within from the public, to explore impossible.” G alternatives to costly and time-consuming litigation. There are many suitable courses to train us how James MacGuill to participate in this work, whether representing a President www.lawsociety.ie 5 NEWS LAW SOCIETY GAZETTE JAN/FEB 2008 nationwide Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] ■ SLIGO Property Registration Authority), Bar association president and the presidents of a number Seamus Monaghan, Fergal Kelly of bar associations, including (secretary), Carol Ballantyne Patrick Mullins from the SLA, and Brian Gill have been Patrick O’Connor from Mayo, working hard on behalf of their Anne Heseltine from Liverpool, members.