A OIT AET Vl11N April 2007 • Vol 101 No 3 LAW SOCIETY GAZETTE LAW SOCIETY
Gazette€3.75 April 2007
ASBOs:ASBOs:
Law Society of Ireland More trouble than they’re worth?
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LAW SOCIETY GAZETTE APRIL 2007 CONTENTS
On the cover LAW SOCIETY ASBOs are now here. But is there a possibility that, if not carefully applied, they could they lead to unjust convictions or hinder a person’s right to a Gazette fair trial?
PIC: GETTY IMAGES April 2007
Volume 101, number 3 Subscriptions: €57 REGULARS 4 President’s message 7 News Comment 12 12 Letters 14 Viewpoint: Criminal Justice Bill – the Gazette debate continues Analysis 16 16 News feature: legal costs reform 19 News feature: focusing on client care 20 Human rights watch: therapeutic abortion 8 20 One to watch: Criminal Justice Act 2006 41 People and places Student spotlight 44 They talk the talk Book reviews 45 Principles of Irish Torts, Competition Law and Reflections on Law and History Briefing 48 48 Practice notes 53 Legislation update: 18 January – 20 March 2007 55 Solicitors Disciplinary Tribunal 9 56 Solicitors’ Benevolent Association annual report 57 Firstlaw update 59 Eurlegal: recent developments in European law 59 Professional notices 65 Recruitment advertising
Editor: Mark McDermott. Deputy editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 61. 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), Pamela Cassidy, Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, 44 Ken Murphy, Philip Nolan, William Prentice.
2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE APRIL 2007
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 Society’s details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] annual conference in Cannes on 11 April Subscribers to the Gazette should send change-of-address details to: • Employment opportunities Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • 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 Suffer the children Unless the much-heralded new ASBO provisions are used with great discretion, they could lead to unjust convictions or hamper a person’s right to a fair trial. John Noonan reads you your rights
Voyage of discovery 28 It is not sufficient for an applicant for discovery to establish that the documents sought are relevant and assume that the court will conclude that they are also necessary. Emily Marie Egan maps the changes
On the right track 31 Under 30s – also referred to as ‘Generation Y’ – regard work very differently to their parents’ generation. Adapting to this is no mean feat for any manager, but Paul Davis has the scoop, daddio
Saving grace? 28 34 We’re all familiar with the residency requirement for SSIAs – if anyone is not resident in Ireland for more than three years, they lose the benefit of the SSIA uplift. But is this a breach of a person’s right to freedom of movement under EU law? Frank Mitchell grabs his passport
Buy and sell 38 Profit maximisation is the watchword of any business, and in relation to property development, this means getting the greatest sale price in totality for a completed development. Mel Ferguson turns the first sod
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 34
www.lawsociety.ie 3 LAW SOCIETY GAZETTE APRIL 2007 PRESIDENT’S MESSAGE
Questions raised new legal costs
n 1 March last, the Report of the Legal forced to the conclusion that a lot of work needs to Costs Implementation Advisory Group be done. Traditionally, the Society has not (IAG report) was published. The group emphasised the business side of life in practice. This consisted of Desmond Miller as will have to change. Up until now, it has been Ochairman, with Garrett Cooney SC difficult for a solicitor to properly assess what he or (retired), Maurice Curran (solicitor), John Cronin she needs to charge in order to maintain a viable (Department of Justice, Equality and Law Reform), practice and, as a result, inconsistencies have arisen. Brian Evans (chartered accountant), Prof Mary We have to be sure that the cure will not be worse Lambkin (School of Business, UCD) and Noel than the disease. Rubotham (director of reform and development, It is certainly the practice in other professions Courts Service). The report analyses how legal costs that work done is based on daily or hourly rates, should be prepared, assessed and enforced in the and supported by appropriate and vouched future. It has, as a central tenet, the conclusion that documentation. However, there are professions and “solicitors and barristers should be obliged to have occupations that have not adopted this practice. in place a proper system of time-recording and that There is a strong view that, where work is charged bills in relation to legal costs should, as appropriate, for in this way, it will lead to an escalation in costs. be supported by time records”. The report says that it is not possible to determine the extent to which this may occur and the costs Work to do implications. The profession will readily see that, if this practice The present system of adjudication of costs is of charging for one’s services is implemented, it will based on the taxing masters with four support staff, a result in a substantial change in the way many, if not total of six. It is proposed in the new system that a the vast majority, of legal offices operate. It will, of legal costs regulatory body be established, with three course, also have an effect on the way members of of the part-time members appointed by government, the Bar calculate their fees. In the foreword to the together with necessary report staff. They will be report, the chairman expresses the view that “time supported by an appeals adjudicator, two senior recording may be challenging, but we are satisfied assessors, six junior assessors and four clerical that it will lead to greater efficiency and administrative staff. It will be seen, therefore, that transparency”. the new system will call for a radically increased The profession will welcome any steps that can staff. be taken to provide a simplified method of assessing costs, and the goal of greater transparency is an Equality of arms excellent objective in itself. The report does not The IAG has recommended that the regulatory costs state that, as a result of its recommendations, legal body should provide guidelines for costs that would costs are likely to be reduced. There are aspects to be kept up to date, and it recognises the fact that the the report that give rise to concern. practice of taking cases on a ‘no foal, no fee’ basis If we examine our own systems and the way we provides access to justice and that this risk should be educate solicitors in relation to costs, we will be taken into account in the formulation of guidelines.
4 www.lawsociety.ie PRESIDENT’S MESSAGE LAW SOCIETY GAZETTE APRIL 2007
by report
In relation to solicitor and client costs, it states that no party will be bound by guidelines and that parties will be free to enter into agreements with their lawyers as they see fit. On the other hand, it states that it would be neither desirable nor feasible to put in place guidelines of a type that would provide a simple mathematical model designed to predetermine the legal costs recoverable in every type of case. The report states that the guidelines should be kept up to date in order to ensure that the principle of ‘equality of arms’ is maintained. It also states that it is opposed to the introduction of scales containing fixed costs, save possibly in routine administrative tasks, and thereby it recommends the abolition of appendix W in the Rules of the Superior Courts. No doubt, a far greater analysis of the report will appear elsewhere. It is recommended that an interim board be set up in order to get the task underway, as the report itself states that this will be complex and difficult. Great care will have to be taken to ensure that those who currently enjoy the services of solicitors can continue to afford them. There is a great risk that, where an hourly or daily rate is charged, the average citizen will find that legal implemented and if justice is to be done for the “Traditionally, services are simply out of his/her reach. consumer and for the legal profession, it will take the Society has It is ironic that the report recommends the a considerable length of time to put in place. The abolition of fixed charges when we still have to face challenge to us as a profession is to prepare for the not emphasised a District Court scale that has not been reviewed changes that may occur, but we must also ensure the business since 1992 and, therefore, one can’t help but be that we remain, as a profession, able to offer sceptical that any governmental body will keep costs advice and assistance to the less fortunate in side of life in guidelines up to date. society while striving for the highest standard of practice. This The report recommends that a much more economic practice and efficiency. The full report is enhanced system of providing information to the available from Government Publications or on the will have to client should be put in place, and the Society agrees web at www.justice.ie. change” with this view. The task that has been set for government is recognised by the report as being Philip M Joyce complex and difficult. If the changes are to be President
www.lawsociety.ie 5
NEWS LAW SOCIETY GAZETTE APRIL 2007 nationwide
Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected]
■ DUBLIN children and other quasi- Clear as MUD burdens and head to London MUD is the latest legal acronym on 8 March 2007 – all for the – short for ‘multi-unit sake of CPD and the developments’. A number of furtherance of collegiality. The august bodies have recently WWLAs enjoyed some all- launched papers on the subject. night conversations at Ruben’s The DSBA held a recent seminar Hotel, a champagne reception on this burgeoning topic, which at the Soho Hotel, and dinner proved a great success. It will be at Richard Corrigan’s repeated in early May. Speakers restaurant at Lindsey House. included Patricia Rickard-Clarke Good honest fun, with some of the Law Reform Commission, education thrown in. Such was Kevin O’Connell of the ODCE the success of the trip that it and myself. has been declared the inaugural Other seminars in the pipeline Making the connection annual trip. Thanks to Fiona include a collaborative seminar Waterford members recently benefited from a workshop titled ‘Make FitzGerald and Rosa Eivers for with the Courts Service on the the Connection – Internet Use for Solicitors’, organised by the organising the trip and leading operation of the Drug Treatment Technology Committee. At the Waterford Institute of Technology were: those who needed to be led; to Frank Treacy (deputy registrar, Property Registration Authority), John Court, the legal secretaries Furlong, Patrick Madigan and Neil Butler (all of the Technology Finola Cronin who conceived workshop (in conjunction with Committee) and Christine Kiely (PRA) the idea of the trip; and to Anne Neary), a seminar on Morette Kinsella, president of privacy law and, in the autumn, registrar for Meath for over 30 A latecomer to the legal the Waterford Law Society, for younger members, a basic years – the first woman to be profession, he served in the for those late-night seminar on company law. appointed to such a post, we’re army as an officer and is a keen conversations. Probate seminars are also being told. The huge regard with rugby fan, having played for the The Waterford Law Society planned. which Máire was held by the Connacht inter-provincial rugby also hosted a debate with the legal community was evidenced side. He has succeeded Enda Waterford Institute of ■ KERRY by the huge numbers (up to O’Carroll, who had served as Technology on the outcome of Kerry gold 200) who attended the event, state solicitor in the county with the Nally case and whether it Down Kerry way, Kerry Law including Judge MP Smith of great distinction since 1974, had failed the travelling Society President John Galvin the High Court, President of having succeeded his late father community. The debate was and his team are busy preparing the Circuit Court Matt Deery, Sean O’Carroll. won by an accomplished for their second annual Judges Ray Groarke, Michael Tr ibutes were paid to Enda at debater, Colm Murphy, a conference, in May. Last year it O’Shea, John O’Hagan and the recent Circuit Court sitting trainee solicitor with a firm in was Barcelona and this year the To m Teehan, and from the in Monaghan before Judge New Ross. delights of Florence beckon. District Court, Judges John O’Hagan. On behalf of the Miriam McGillicuddy will Brophy and John Coughlan. Monaghan Bar Association, ■ WEXFORD present a paper on citizenship A number of county registrars John J Keenan praised Mr Going electronic and asylum law. from the adjoining counties, O’Carroll’s courtesy and A very successful seminar on A CPD course in practice including Breda Allen from efficiency throughout his long Land Registry Practice and e- management is being organised Wicklow, Joe Smith from innings as state solicitor and conveyancing was held in for 25 April, with others in the Cavan, and Elizabeth Sharkey wished Barry Healy the very Enniscorthy. The speakers pipeline before summer. from Westmeath also attended. best in his challenging new included Michael Treacy, Peter position. McHugh, Aileen McHugh and ■ MEATH ■ MONAGHAN Paul Brent of the Land Registry Getting your MBA Rebel with a cause ■ WATERFORD and Louise Campbell, the Law A huge gathering of the legal Barry Healy is the newly London calling Society’s support services fraternity in Meath attended a appointed state solicitor. The better half (oops, I mean, executive. G dinner organised by the Meath Although a native of Cork, the female members!) of Bar Association in honour of Barry had been practising in Waterford Law Society hatched ‘Nationwide’ is compiled by Kevin retiring county registrar Máire Cavan, and more recently their plot to drop husbands, O’Higgins, principal of the Dublin Te han. Máire was county Monaghan, over the last decade. partners, tag-alongs, offices, law firm Kevin O’Higgins.
www.lawsociety.ie 7 LAW SOCIETY GAZETTE APRIL 2007 NEWS Mayo Bar Association hits 100
he Mayo Bar Association, PIC: TOM CAMPBELL Tunder the title of the ‘Mayo Sessional Bar’, was founded on 18 April 1906 when the late Alfred B Kelly was elected president. The other Mayo solicitors who attended the inaugural meeting in Castlebar included John C Garvey (Castlebar), John P Mannion (Swinford), Michael B Coolicon (Ballina), Thomas Dillon Leetch (Ballyhaunis), Edmund Barry (Castlebar), Patrick O’Connor (Swinford), Henry C Attending the Mayo Bar Association Dinner in the Breaffy House Hotel in 1989 were (front, l to r): E Hamilton, Eanya Egan, Attracta Wilson, Eithne Egan, Sue Bryson, T Shaw, Nanette Ivers and Joan Clarke. (Back, l to r): Pat Bourke (Ballina) and PJ O’Connor, Michael Browne, Mrs B Brennan, Michael J Egan, Justice Liam Hamilton, Tom Shaw, William MacOnkey, O’Rorke (Kiltimagh). Whatever District Judge Brennan, Michael Keane, Jim Ivers (director general) and Ward McEllin differences the first members of the association had among in 1998, followed two years’ contracts of service. Readers Ballina. He practised there for themselves, either personally or later, at the start of the new will recall that Edmond Corr many years. Both solicitors were on behalf of their clients, are millennium, by Ward McEllin was an apprentice solicitor to officers of the Mayo Bar long since settled between them of Claremorris. Patrick J Mulligan. When Mr Association and, for upwards of as they dine and sup together in Through its 100 years of Corr was admitted to the roll of 25 years, did not speak directly to those great chambers above! existence, the association has solicitors, Mr Mulligan sought each other, one addressing the Through the years, many been open to “all solicitors who to prevent him from practising other through an intermediary! members of the bar association normally practise in the courts within a radius of 30 miles of However, towards the end of rose to prominence in the law, in County Mayo, whether the town of Ballina and 30 miles their lives, both solicitors became politics and business in Ireland. resident therein or not”. of the town of Charlestown, inseparable friends. In fact Mayo solicitors have produced a The Western Circuit, where Mr Mulligan had offices Edmund Corr became president number of government particularly the Mayo section, and within 20 miles of the town of the association in 1955, to be ministers, TDs, senators, a chief was notable for its many lawyer of Ballaghdereen. The Supreme followed by his former master justice and numerous judges of characters that worked on it Court held that the restrictions Paddy Mulligan in 1957. the courts, county registrars, through the years. Many leading could not be upheld, as the area The Mayo Bar Association land commissioners, tribunal cases in common law and equity Mr Mulligan sought to protect continues to thrive. Apart from its chairmen, knights, and were decided in the Mayo was too large and went far social obligations to its members, sportsmen in many disciplines Courts, including Owens v beyond anything that could their partners, spouses and at inter-county, provincial, Greene, Mulligan v Corr, Gannon reasonably be required to friends, it is now actively involved national and international levels v Walsh and Glencar v Mayo Co protect his practice! in providing CPD courses for its in, GAA, rugby, soccer, Council, to mention but a few. Edmund Corr went into members. The solicitors of Mayo athletics, swimming, golf, Mulligan v Corr was for many practice with PJ Ruttledge in have a rosy future. There are now tennis, fishing and darts. years the leading case on Ballina, within a stone’s-throw more than 140 solicitors The Mayo Bar Association restraint of trade clauses in of his former master’s office in practising in the county. has provided four presidents of the Law Society of Ireland. Thomas V O’Connor of Swinford in 1972 was the first Law Reform essay prizewinners member of the association to he Law Reform Committee • Second prizes (€750): The prizewinners were chosen become president of the Thas announced the winners Michael Moran, fourth year by the judging panel: Judge Society. He was followed by of the 2007 Student Law LLB, TCD: ‘Impartiality: Liam McKechnie (High Adrian P Bourke of Ballina, Reform Essay Prize from prerequisite and necessity Court), Dr Oonagh Breen grandson of one of the founding among the 25 entries received, for judicial office, but in (UCD) and Moya Quinlan members of the association, in as follows: appointing a judge, an (past president of the Law 1991. Patrick O’Connor of •First prize (€1,500): Mark absent concept?’ Society). Swinford, a grandson of one of Coen, fourth year LLB, Helen Nolan, first year LLB, This is the first time in the the founding members of the TCD: ‘Section 37(1) of the TCD: ‘The introduction into history of the prize that all association (and son of Thomas Employment Equality Act: Irish law of anti-social winners came from one V O’Connor) was its president Living the ethos?’ behaviour orders for adults’. college.
8 www.lawsociety.ie NEWS LAW SOCIETY GAZETTE APRIL 2007 Law Society says rushed criminal legislation is ‘wrong and dangerous’
he Law Society has after the bill itself had not only can be made from all sources to Trepeatedly and publicly been published but had Dáil Éireann. It is clear that, in expressed the view that the completed its second reading the timescale being allowed by Criminal Justice Bill 2007 should in the Dáil. the government for this be withdrawn until after the Murphy says “Of particular measure, this cannot happen. general election. This was the concern to the Society is the Speaking on RTÉ’s Morning view of the Society’s Council proposed attempt to interfere in Ireland on 29 March, director and Criminal Law Committee judicial independence through general Ken Murphy said: “The arising from deep concern that imposing widespread and bill should be withdrawn until measures such as mandatory inflexible mandatory sentencing. after the general election. It is sentencing, restrictions on bail Equally disturbing are the wrong and dangerous that such and further erosion of the right proposals to further erode the legislation should be enacted to silence were being rushed right to silence and other due with so much speed and so little Ken Murphy: ‘Calm, careful into law without any proper assessment required’ process values of the criminal debate. We can’t see what is opportunity for debate in public justice system.” driving the urgency of this. or in the Oireachtas. inadvertent repeal last May of In the view of the Law These are a whole series of new Fundamental freedoms of the offence of soliciting for Society, every proposed act of measures, restricting the right citizens should only be reduced underage sex. Yet only four the Oireachtas should have the to bail, creating new criminal following a proper opportunity hours was set aside for the Dáil benefit of full and informed offences, changing sentencing, for informed public debate, the committee stage rather than the debate, including detailed extending periods of detention Society’s Director General Ken several weeks that should consideration at committee for interrogation and, most Muphy says. “This should normally be provided for this. stage, before both houses of the disturbingly, significant involve a calm, careful, The bill before the Dáil in Oireachtas. In measures that curtailment of the right to assessment of the real need for part reflects views of an expert will affect every citizen in the silence. All of these are matters change. Practically no public group established by the country, including the Criminal in respect of which not only debate has taken place on the government as recently as last Justice Bill 2007, that debate should there be debate in the contents of this bill because no November. Almost incredibly, itself should be preceded by a Oireachtas, there should be a opportunity for such a debate that group’s rushed final report wider public consultation so wider public debate. None has has existed.” did not become available until that informed representations taken place.” Very substantial change was made to the criminal law by the Criminal Justice Act 2006, enacted as recently as July 2006 New independent adjudicator and running to some 197 arol Ann Casey is the terms of reference give an sections. That measure was said Cnewly-appointed indep- appeal procedure for clients to to be a complete overhaul of the endent adjudicator of the Law refer their complaints against criminal justice system and was Society. She replaces Lenore their solicitors for independent addressed, in large measure, to Mrkwicka, who has retired. adjudication after the Law the problem of organised crime. As independent adjudicator, Society’s decision on their Prior to enactment that measure Ms Casey’s role is to ensure matter. Being a non-lawyer, had been before the Oireachtas that complaints about the which is fundamental to this for over two years and was conduct of solicitors, together role, I provide an unbiased, much changed and improved by with the levels of service and impartial and accessible the legislative process. fees, are dealt with fairly and approach on such complaints.” The new bill as published impartially by the Law Society. Any client who is unhappy runs to 57 pages of very She can recommend any with the way in which the Law complex drafting, consisting of changes in the Law Society’s Society has handled their hundreds of individual complaints procedures that are, managing director of CA complaint against their solicitor amendments to a great many in her view, necessary to Consulting Limited. should write, with full details different pieces of previous maintain the highest standards. Of her appointment as and copy correspondence, if legislation. This is precisely the This role will exist until the independent adjudicator, she possible, to: The Independent type of law making which, appointment of the proposed says: “My role is completely Adjudicator of the Law Society, under time pressure, produces legal services ombudsman. independent and autonomous 26 Upper Pembroke Street, errors such as the Dáil’s Ms Casey is also the from the Law Society. My Dublin 2. Tel: 01 662 0457.
www.lawsociety.ie 9 LAW SOCIETY GAZETTE APRIL 2007 NEWS
SUPPORT SERVICES FOR MEMBERS HELP WITH SETTING UP IN PRACTICE Support services executive Louise Campbell summarises the many support services on offer to members setting up in practice on their own
he mentor programme was Retiring or Ceasing as Sole designed to provide a practical Tset up by the Law Society Practitioners and for Solicitors guide to solicitors in direct response to a request Purchasing Practices from them contemplating setting up in from members who had gone and Partnership? may also be of practice or those who have out in practice on their own. assistance to solicitors setting already done so. It deals with The programme ensures that up on their own in practice. the costs of setting up in every solicitor setting up in Copies can be obtained from practice, financing, solicitors’ practice has the opportunity to the Law Society, free of charge, advertising regulations, make contact with a more by contacting Louise Campbell marketing and client care, senior and experienced or Nicola Darby. The main technology equipment and practitioner, who will provide text of these booklets can also staff, as well as the Solicitors’ him or her with assistance, be accessed on the Law Society Accounts Regulations, money advice and general guidance on website in the members’ area, laundering, section 68, an informal and voluntary www.lawsociety.ie. practising certificates and basis. The Solicitor Link service, other services to solicitors’ professional indemnity A countrywide register of co-ordinated by Louise firms. Though the Society insurance, among others. This volunteer mentors, consisting Campbell, was featured in the cannot recommend any seminar utilises a unique of solicitors qualified for no Gazette in November 2006. individual consultant, this list mentor-group system, whereby less than ten years, has been Members contemplating going may be of assistance. groups of participants meet drawn up for the mentor out in practice on their own Members with queries on with an experienced programme. A member who might like to avail of this Law Society requirements for practitioner who can provide wants to avail of the assistance service, which helps to setting up in practice and, in them with advice and answers of a mentor can contact introduce solicitors interested particular, practising to any question or concerns. support services executive in buying, selling or merging certificates and professional These mentors remain Louise Campbell (see contact practices or sharing overheads. indemnity insurance, should available to the participants in details below), who will be On request, Louise can provide contact Nicola Darby at the months following the happy to provide a copy of the members with a practice Blackhall Place, Dublin 7, tel: seminar. Information can be register of mentors. Members management information 672 4972 or email: n.darby@ obtained by contacting a can then make direct contact leaflet and copies of Gazette lawsociety.ie. member of CPD staff on tel: with a mentor of their choice, articles on the valuation of a 01 672 4802. G whether inside or outside their practice. In addition, she can Annual seminar locality. supply a list of consultants with The Society’s continuing For information in relation to any experience of valuing and professional development Law Society member service, Information booklets negotiating the sale and (CPD) section runs an annual please contact Louise Campbell, The Society’s information purchases of solicitors’ seminar, usually in January support services executive, booklets, Setting up in Private practices, who provide each year, entitled ‘Setting Up Blackhall Place; tel: 01 881 5712 Practice, Guidelines for Solicitors management consultancy and in Practice’. This course is or email: [email protected]. LRC seeks help with 3rd programme of reform he Law Reform public, government programme originated in details are available on the TCommission’s Second departments, interested parties suggestions from legal commission’s website: Programme for Law Reform and the legal profession. practitioners. www.lawreform.ie. The (2000–2007) is nearing According to the LRC, the The LRC will be holding a deadline for submissions is 18 completion. Now it’s about to practical input of the legal number of public consultative July 2007. Written and oral embark on its third profession is considered vital to seminars to assist in the submissions should be sent to: programme and is inviting any deliberation on law reform selection of topics for the third Secretary/Head of suggestions on areas of law in and results in publications that programme of reform. A Administration, Law Reform need of reform. are of real relevance to society. consultative seminar will take Commission, 35-39 The commission prepares Indeed, a number of legal place in University College Shelbourne Road, Ballsbridge, its programmes of law reform issues dealt with under the Cork’s Aula Maxima on 30 Dublin 4; email: thirdprog@ following consultation with the commission’s second April, from 5–7pm. Further lawreform.ie, tel: 01 637 7601.
10 www.lawsociety.ie NEWS LAW SOCIETY GAZETTE APRIL 2007
■ DISTRICT COURT Trainees carry the hod for RESOURCES FOR REVIEW The board of the Courts Service is to establish a committee to Zambia’s underprivileged examine the operational and resource needs of the District n July, a team of trainee Court. Isolicitors is to travel to a rural It will objectively examine the community in Zambia to help judicial and administrative provide physical and financial resources required in the District support to underprivileged Court. The committee will be families. While there, the chaired by Mr Justice Joseph students will work with the global Finnegan, judge of the Supreme charity, Habitat for Humanity, to Court and former President of build a number of houses. the High Court. Over a two-week period, the 18 volunteers, with the assistance ■ BOLLYWOOD BLING BALL of course manager Jane Moffatt, Save the date: Bollywood Bling will travel to Nkwazi in the Ball and Auction, 12 May 2007, Zambian Copperbelt, close to the Hogan Stand, Croke Park, in aid border with Congo. The team Blackhall builders: Can they fix it? Yes, they can of the Hope Foundation – Street will be travelling under the title Children of Calcutta Project. of the ‘Blackhall Builders’ and at: www.mycharity.ie/event/ Co), Louise Fernandes (Paul H Fancy dress is optional. Bring will work under the supervision blackhall_builders. Moore & Co), Eoin Kiely your friends. Further details on: of local tradesmen. There, they All internet contributions go (McCann FitzGerald), Tanya www.hopefoundation.ie or tel: will labour alongside the families securely and directly to Habitat Layng (Landwell Solicitors), 087 227 1709. who will occupy the houses. for Humanity, charity number Kevin Moore (MG Ryan & Families receiving the CHY 15187. Contributions Co), Erika O’Leary (O’Rouke ■ GILBA LECTURE houses pay by ‘sweat equity’, may also be made to any group Reid), Regan O’Driscoll The German-Irish Lawyers and contributing to the building of member. (Matheson Ormsby Prentice), Business Association (GILBA) is their own house and those of The team members are: Íde O’Neill (LK Shields), Julie holding a lecture ‘Europe – their neighbours. This system Saorlaith Bourke (Reddy O’Neill (Arthur Cox), Nigel Succeeding Together: Germany’s not only helps provide much- Charlton McKnight), Sadhbh O’Neill (Eugene Collins), EU Presidency Programme’, needed housing, but also creates Burke (Collins Crowley), Ronan Patrick Quinn (Orpen Franks), which will be given by the a lasting sense of pride within Dunne (William Fry), Diana Francis Rafferty (Bowman German Ambassador to Ireland, the local community. Providing Geraghty (Connelly, Sellors McCabe), Christina Sauer- His Excellency Christian Pauls. labour free of charge eliminates Geraghty), Cliodhna Guy Dechant (Michael E Hanahoe) The lecture is being held jointly an expensive project cost. (BCM Hanby Wallace), Martin and Jane Moffatt (course with the EU and International The Blackhall Builders have Fallon (Hugh J Campbell & manager). Affairs Committee of the Law already been fundraising to pay Society of Ireland. It will take for some of the building place on Tuesday 24 April 2007 materials required during the Company disclosure details at 6.30pm, in the Blue Room, project. The campaign began in The Office of the Director of the company and the number Law Society, Blackhall Place, earnest during the PPCI Corporate Enforcement (ODCE) with which it is registered, and Dublin 7. Contact Eva Massa Summer and Autumn Course has issued an information notice the address of the registered (Law Society of Ireland, Balls, where students generously (I/2007/2) detailing new office; Blackhall Place, Dublin 7 or contributed to the €57,000 disclosure requirements for • Also, from that date, all email: [email protected]) target fund. companies on their websites and electronic communications by by 16 April 2007. With a strong history of in all electronic communications. limited liability companies volunteer work within the local These will commence from 1 April must contain the same ■ HARVARD PROFESSOR FOR community in the Dublin 7 area, 2007. The main points are: information. IRISH LECTURE this year’s students are expanding •From 1 April 2007, all limited Harvard Law School Professor the remit of volunteer work by liability companies operating From 1 April, limited liability Richard Fallon will speak on trainee solicitors over the years – websites will be required to company websites will need to ‘Reflections on the morality and always remaining faithful to the show certain information, ensure that their websites are legality of coercive interrogation goal of helping local comm- including: compliant. Copies of the by the US’ on Tuesday 15 May unities to help themselves. - The name of the company information notice are available 2007 at 6.30pm in Room 21, Donations to the project can and the company’s legal form, from the ODCE website, School of Law, House 39, Trinity be made via credit or debit card - The place of registration of www.odce.ie. College, Dublin. All are welcome on the Blackhall Builders website to attend.
www.lawsociety.ie 11 LAW SOCIETY GAZETTE APRIL 2007 COMMENT letters
Send your letters to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] Courts Service responds to criticisms on ‘disgraceful’ family-law facilities From: Gerry Curran, Media improving that accom- Relations Advisor, The Courts modation. Service Across the country, our here has been a very capital investment programme Tsignificant increase in the of over €170 million has number of judges in the High resulted in improvements Court in the past ten years. As which include over 40 a result of this, and increased refurbished or new court and more complex levels of buildings – all of which have litigation, the Four Courts the consultation rooms and facilities have become crowded waiting facilities expected and and stretched. The Four needed for family-law cases. Courts is now dealing with a Specialised and separate level and mix of business it was facilities, as well as specific never designed for. family-law days in other It has been possible to venues, provide for the dignity undertake some improvements and privacy of family-law in the short term, such as litigants. providing new facilities and Many county-town venues for the taxing masters’ courthouses have been courts and offices, and several constructed or refurbished High Court public offices in with separate family and civil Smithfield, thus freeing up law suites. These include: space in the Four Courts. Mallow, Trim, Limerick, The Smithfield premises Dundalk, Sligo, Ennis, has allowed for the provision Castlebar, Cork, Nenagh, of new Circuit Law Family The Four Courts: still overcrowded Longford, Tullamore, Bray Law Courts, consultation etc, where there are distinct rooms and other facilities for have been finalised and the intention to provide a and separate family-law areas court users. In this purpose- contract will be signed very purpose-designed family-law with first-class waiting and designed venue, 98% of all shortly. It will take two-and-a- centre for all three court consultation facilities. Dublin’s separation and half years to construct. jurisdictions. Future projects such as divorce cases are heard. In This will pave the way for a In the meantime, the Kilkenny, Monaghan, 2005, 50 High Court family- major redevelopment of the Courts Service continues to Blanchardstown, North law cases were finalised in the Four Courts as a civil courts implement whatever Kildare, Drogheda, Wexford, Four Courts. complex. Planning has improvements are possible in Waterford, Wicklow, Tralee, However, the Four Courts commenced, with a view to the Four Courts. In this Mullingar and Cork District is still overcrowded and, for construction starting regard we are pleased to Court will provide similar this reason, the Courts Service immediately the criminal announce that a major facilities. has secured approval from the business has moved to the new upgrading of facilities in the Added to this, there are ministers for justice and criminal court complex. Family Law District Court in separate family-law sittings in finance to construct a new In addition, the Courts Dolphin House is at an over 40 other court venues modern, criminal court Service is planning for a advanced stage of planning. In across the country – ensuring complex for Dublin. This 22 separate family-law complex. the same way, we are those who seek redress before courtroom, state-of-the-art Considerable planning has examining the High Court the courts for family disputes facility will be delivered by been undertaken already in family-law facilities in the can do so on non-criminal and way of a PPP. Negotiations this regard, and it is our Four Courts with a view to less public days.
12 www.lawsociety.ie COMMENT LAW SOCIETY GAZETTE APRIL 2007
RRL slams Gazette! From: James C Wyse, Managing Society doesn’t approve of this Director, RRL, Home Equity area, which would include our Release Specialists, IFSC, property reversion product Dublin 1 from RRL. This is not the case note from pages 16 and 17 of – our name is not mentioned. Ithe March 2007 edition of But we are tarred with the same the Law Society Gazette, you brush. have an article under the RRL and our legal advisors, heading ‘Law Society slams Matheson Ormsby Prentice, equity release schemes’! met with the Conveyancing If you read the Law Society Committee in August 2005. We paper submitted to the quoted had all our legal documents inter-agency group, you will reviewed by the committee, your article gives the should it ever be required. see that the Society has a few under the chairmanship of impression that companies in Finally, I would further like problems only with the William Devine. The the equity release business to criticise your policy of lifetime mortgage product of committee made final minor could exert ‘undue influence’. alleging that elderly people are three providers in Ireland. recommendations in respect of This is simply not true and easily duped. Under the Nowhere in the paper does the our legal documents, which cannot be. photograph of two people, you Law Society ‘slam’ the equity were all accepted by RRL and RRL insists that the state “Gently waiting for the release concept, which your appropriate adjustments made homeowner’s solicitor sign a next Anna-Nicole: you’ll want headline implies. immediately. They were mainly two-page ‘solicitor’s cash for that” – this is a very This is the third time that to do with additional confirmation’, which they must derogatory and ageist the Gazette has published a clarification on the term give to the client when comment, playing on the paper from the Conveyancing ‘valuer’ and what happens when completing a contract and the Renault TV commercial. I Committee on this subject. a homeowner becomes sick and client must sign and believe Age Action Ireland will Each time – (June 2003, July has to go into a nursing home acknowledge that they have have something to say about 2005 and March 2007), you for more than six months. been so advised. Any aspect of this. From our experience of use the heading ‘Law Society You further quote in your apparent ‘undue influence’ from dealing with elderly people, this slams equity release schemes’. article “elderly people are any source, among a number of type of comment is insulting It does nothing of the sort – vulnerable to being influenced matters, is specifically and unwarranted. each of the articles has a strong by others” – all evidence from confirmed by the homeowner’s criticism of the Bank of Ireland bodies representing older solicitor. Every solicitor is very The editor replies: The Gazette only. The Sunday Business Post people suggest that the most happy to sign such a used the offending headline twice, and Irish Independent state so in likely source of ‘undue confirmation, as are all not three times - but point taken, their headlines. influence’ comes from the homeowners – because there is we’ll try to be more creative in the Your article suggests the Law children of homeowners – a written audit trail as evidence, future (see above). G
www.lawsociety.ie 13 LAW SOCIETY GAZETTE APRIL 2007 COMMENT
Has time come to recalibrate Continuing our debate on the new Criminal Justice Bill, Paul Anthony McDermott argues that the system has many irrational rules and procedures, and the time has come to rebalance the system
am not saying that crime in PIC: GETTY IMAGES to mention the fact relied on in obtained evidence or not, having Imy area of Dublin is out of the defence when in custody. In regard to the totality of the hand, but when a headline addition, inferences should be circumstances and, in particular, appeared in the local newspaper drawn from a failure to explain the rights of the victim. Finally, recently saying ‘Man wanted for suspicious circumstances in the death knell may have been murder’, over 100 people custody. The judges’ rules would sounded for the irrational applied for the job. I have long cease to have effect and would exclusionary rule of the law of been of the view that our be replaced by regulations, to be evidence. criminal justice system has been made by the minister, regarding Other welcome recommenda- balanced in favour of the the conduct of interviews. The tions of the report include: defence for too long. Recent report also recommends that a • An obligation on the defence days have seen a welcome recorded interview should not to disclose in advance the attempt to redress the balance, be required to be the subject of a expert or technical reports or with the publication of the final written note. Thus the bizarre witness statement of experts report of the review group the and outmoded practice of on which the defendant tánaiste established last crime was not permitted to give interviews being stilted while the intends to rely; November, chaired by Dr evidence on their own behalf. interviewing garda tries to write •A system under which Gerard Hogan SC to examine Despite the fact that our down every word in every admissibility issues would be and review aspects of the criminal justice system has question and every answer are determined prior to the criminal law. In addition, a new changed radically since then, our finally coming to an end. swearing in of a jury on the Criminal Justice Bill has been rules of evidence have not. Radically, the report first day, or days, of a trial; published. Together, these There is no good reason for this. recommends that, where the • A limiting of the ‘double developments have begun the The final report of Dr defence attacks the character of jeopardy’ principle by means task of rebalancing the criminal Hogan’s group deals in the injured party in a case where of giving a right to the law. None of this is reactionary particular with: the right to the injured party has died or has prosecution to complain in law reform. On the contrary, the silence; allowing character become incapacitated and is respect of miscarriages of problems that are now finally evidence of an accused; the unable to give evidence, the justice on the basis of new or being addressed are ones that exclusionary rule of evidence; shield would be dropped and the newly-discovered evidence. have been around for decades or, requiring an accused to outline accused would be liable to cross- in some cases, centuries, and the nature of his defence before examination as to his or her A lot more remains to be done. which have been the subject of or at the commencement of character without leave of the Among the most unfair things countless debates and articles. trial; re-opening new evidence; court. In addition, ten days’ to both sides at the moment in Indeed there must be few areas nullifying an acquittal where notice would have to be given of a criminal trial are the inherent of law where there has been there is evidence of jury or an intention to make an delays in the system. This more public debate and witness tampering; ‘with imputation against a deceased or becomes particularly acute awareness about the necessity prejudice’ appeals in the case of incapacitated victim. In the where a re-trial is required. If for change. wrongful acquittal; extending absence of such notice, the leave an accused is convicted by the Some of our rules of evidence alibi evidence rules to other of the court would be required trial court, but in the Court of date from a century ago. We call analogous situations; allowing by the defence to make the Criminal Appeal they point to them ‘recent rules’. Other rules submissions by the prosecution imputation. some defect in the trial, such as of evidence are hundreds of before sentencing; and an improper comment made by years old. We call them ‘older modifying the rule in relation to Unconstitutionally-obtained the trial judge, this may result rules’. Many of these rules were hearsay evidence. evidence in the conviction being formulated at a time prior to In respect of the right to The most welcome aspect of the overturned and the case sent legal aid, when accused persons silence, it is recommended that, report is the recommendation of back for re-trial. One might literally were at the mercy of the on a general basis, inferences as the majority that the courts then expect a delay of another state. Many of them date from a to the credibility of a defence should have a discretion to year or two before the re-trial is time when a person accused of a should be drawn from a failure admit unconstitutionally- assigned a date. It may be listed
14 www.lawsociety.ie COMMENT LAW SOCIETY GAZETTE APRIL 2007 viewpoint criminal trial system?
on a few occasions when judges have a right to be vindicated. interest of the public right to stated that article 8: are not available and so the case The current delays in the prosecute, but also in the “does not merely compel the does not get on. Eventually the system mean this is not interests, of the integrity of the state to abstain from … re-trial will be heard, and this happening. jurisdiction, in a proper case, to interference: in addition to this may be many years after the restrain a prosecution on the primarily negative undertaking, original event. In such Rights of the accused basis that significant evidence there may be positive obligations circumstances, where witnesses’ Most of our case law on has been ignored or destroyed” inherent in an effective respect memories have faded, the evidence and procedure focuses (emphasis added). for private and family life. These defence can benefit, since the on the rights of the accused. But In addition, there is an obligations may involve the prosecution is no longer able to there are other rights that increasing awareness of the adoption of measures designed prove its case beyond should also be considered. In B v rights of victims in criminal law. to secure respect for private life reasonable doubt. DPP ([1997] 3 IR 140 at 195- In fact, the European Convention even in the sphere of the Every other section of society 196), Denham J, giving the on Human Rights sometimes relations of individuals between is required to be efficient. This judgment of the Supreme Court, requires positive measures to be themselves.” does not seem to apply to the stated that: taken in order to protect the The criminal justice system criminal justice system. It is not “It is not the applicant’s interests rights of victims. For example in will never be perfect and the unknown to find that, in respect only which have to be X and Y v Netherlands ([1986] 8 public have enough common of a serious crime committed by considered. It is necessary to EHRR 235), a 16-year old sense to appreciate that there are a criminal gang ten years ago, balance the applicant’s right to mentally handicapped girl was good reasons why, sometimes, various members of that gang reasonable expedition in the sexually assaulted by an adult evidence has to be excluded. But still have appeals or judicial prosecution of the offences with male of sound mind. Due to a what the public cannot reviews or habeas corpus the community’s right to have loophole in Dutch law, he could understand are irrational rules applications before the courts, criminal offences prosecuted.” not be prosecuted. This was and procedures that have no in an attempt to keep the merits In Scully v DPP ([2005] 1 IR because, under Dutch law, only place in reality. Nor can they of their conviction an open 242 at 252), Hardiman J, giving the victim of the crime could understand a system that, from issue. Thus, our system is the judgment of the Supreme register a criminal complaint, a start to finish, seems to come approaching a system of Court, appeared to identify an rule that applied even where the down on the side of the accused. criminal justice whereby additional interest to the public victim was incapable of doing so, Perhaps the time has come to nobody is ever finally convicted interest when he discussed due to her handicap. The recalibrate the criminal trial and criminal law is simply an judicial review applications that European court found that the system so as to balance the scales ongoing process, with no are brought with the aim of absence of an effective criminal of justice. G obvious end point. tripping up the gardaí rather procedure was a violation by the In DPP v JT ([1988] 3 than in discovery of evidence: Netherlands of its duty to secure Paul Anthony McDermott is a Frewen 141), the courts “Applications on this basis must respect for the victim’s private Dublin-based barrister in general recognised that victims of crime be discountenanced in the life under article 8. The court practice.
www.lawsociety.ie 15 LAW SOCIETY GAZETTE APRIL 2007 ANALYSIS Legal costs report:
On 1 March, Minister for Justice, Equality and Law Reform Michael McDowell held a press conference to SUMMARY OF launch the report of the Legal Costs Implementation recording should also be possible to estimate how Advisory Group, chaired by Mr Desmond Miller. accompanied by solicitors long it might take to devise President of the Law Society Philip Joyce, who has and barristers setting out, as recoverable costs guidelines, written in his President’s Message on the report in the basis of their charging the IAG thinks it unlikely this Gazette, sent an email on 1 March 2007 to generally for legal services, that the initial guidelines their hourly or daily rates, as could be devised in less than every solicitor for whom the Society has a direct appropriate. one year. It should also be email address, with the Society’s initial response to 3) The IAG is mindful of the borne in mind that the this report. This email contained a direct link to the dangers posed by an over- existing system will have to full report. Including appendices, the report is 47 reliance on a time-based operate in parallel with the pages long. Here are edited extracts, containing legal costs charging system. new arrangements for some some of the most important conclusions and The point about any such time (that is, cases before the system being a ‘plodder’s taxing master will have to recommendations of the report. charter’ has been made run their course. Legislative repeatedly. However, where a provision will have to be paying party is of the view made accordingly). arlier this year, the an examination of the work that there has been an “ETánaiste and Minister actually done in the case unacceptable level of Recoverable costs guidelines for Justice, Equality and Law concerned. ‘plodding’ in a case, they will 1) Recoverable costs guidelines Reform, Michael McDowell, 2) Solicitors and barristers be free to refer the matter to should be devised in respect established the Legal Costs should be obliged to have in assessment. of work carried out by Implementation Advisory place a proper system of 4) The point has also been solicitors, barristers and Group (the IAG) to progress time-recording. Bills should made that time-recording expert witnesses in the the recommendations of the be supported by time may give rise generally to an course of civil litigation. report of the Legal Costs records. escalation in legal costs as 2) The IAG recommends that Working Group, chaired by 3) The requirement as to time- lawyers charge for work any guidelines adopted by a Paul Haran. recording should also be which heretofore has not regulatory costs body should Issues of cost and efficiency accompanied by solicitors been specifically charged for. take cognisance of the value of the litigation process have, and barristers setting out It is not possible, however, to of the claim or counterclaim quite legitimately, become a their hourly/daily charge-out determine the extent to where these are expressible focus of public interest and rates. which this may occur and the in monetary terms. The concern in recent years. 4) Solicitors should be required costs implications. It must guidelines should also take Implementing change in the to issue a client engagement also be borne in mind that into account relevant factors Irish legal system is both letter with detailed costs time-recording represents such as time expended and complex and contentious. Our information. Barristers and one part of a series of wide- complexity. The IAG task has been to elaborate on solicitors should also be ranging changes and reforms concurs with the views the general recommendations required to make a legal costs in relation to the charging of expressed in the report of the of the Legal Costs Working agreement. legal services and the Legal Costs Working Group Group and to identify suitable assessment of costs where in relation to the importance structures and processes to Assessing legal costs they are in dispute. As such, of the ‘no foal, no fee’ implement those recommend- Time-recording it is difficult to assess the arrangement in terms of ations. The task has been time 1) The IAG is of the view that effects of one measure in providing access to justice for consuming and difficult. The solicitors and barristers isolation from all of the many. Accordingly, the IAG recommendations we have should be obliged to have in other measures to be considers it important that produced may not satisfy all place a proper system of adopted. the risk involved in taking on concerned. time-recording and that bills 5) The IAG is of the view that such cases should be taken The IAG has made the in relation to legal costs the interim regulatory costs into account in the form- following recommendations: should, as appropriate, be body should be put in place ulation of the guidelines. 1) The assessment of costs in a supported by time records. and commence work as soon 3) In relation to the abolition of particular case must involve 2) The introduction of time- as possible. While it is not the ‘global’ fees (that is,
16 www.lawsociety.ie ANALYSIS LAW SOCIETY GAZETTE APRIL 2007
RECOMMENDATIONS solicitors’ instructions fee Court be increased from and the barristers’ brief fee) £30,000 to €100,000 and and their replacement by a that of the District Court set of charges for work done, from £5,000 to €20,000. As the IAG sees no reason why the report of the Legal this proposal cannot be acted Costs Working Group on. Indeed, the IAG does not states: ‘There has been believe the retention of these sustained opposition from fees – as presently some sectors to the constituted – is compatible implementation of these with a move towards provisions because of a charging for work on the concern that such increases, basis of ‘work done’. It seems if implemented, would push eminently reasonable to up the level of court require those charging for awards. Implementation of Michael McDowell: Established Desmond Miller: Chair of legal work to systematically the legal costs group the IAG the provisions has been itemise costs by reference to effectively “parked” the various stages of the designed to pre-determine strengthening and improving pending further litigation process. the legal costs recoverable in the mechanism currently consideration of the issue in 4) The point needs to be made every type of case. provided for by section 68 of the light of ongoing that, insofar as solicitor and 6) However, the IAG does the Solicitors (Amendment) Act developments, especially client costs are concerned, believe that it is legitimate 1994. The letter – which is the establishment of the no party will be bound by and practical to put in place sometimes referred to as a PIAB.’ recoverable costs guidelines. guidelines designed to ‘section 68 letter’ and, 2) The IAG is of the view that Parties will be free to enter provide a degree of clarity to sometimes, as ‘a client no sound reason has been into agreements with their a potential litigant as to the engagement letter’ – will be advanced to ‘freeze’ the lawyers as they see fit extent of the liability he or referred to as a client jurisdictional limits (subject to the provisions she might expect to incur in engagement letter from indefinitely. The Oireachtas relating to client infor- the event that they were held hereon. decided to raise the mation). Parties liable to pay liable for the other party’s 2) The IAG believes that it jurisdictional limits four costs will also be free to costs and, conversely, how should be possible to years ago, but nothing has decide to pay costs as they much they are likely to provide for an improved happened in the meantime. see fit. The guidelines are recover as party and party client engagement letter The concern expressed in intended to offer an costs in the event that they along the lines proposed in relation to the limits has indication – where costs are are awarded the costs of the the report of the Legal been in the context of recoverable – of amounts or proceedings. Ultimately, in Costs Working Group, personal injury cases. time periods generally cases of dispute, it will fall to taking into account the However, the PIAB is now deemed reasonable. In cases an assessment officer to practical considerations up and running and this of dispute, costs will be determine what costs are raised in the submissions. will increasingly take assessed on the basis of the reasonable in a particular personal injury actions out guidelines, while taking the case. Miscellaneous of the courts. In all of the particular circumstances of Jurisdictional limits circumstances, the IAG each case fully into account. Client information 1) The current civil juris- recommends that the 5) The IAG accepts that there Solicitors dictional limits for the increases provided for in is a wide range of litigation 1) The IAG notes that all of the District and Circuit Courts sections 13 and 14 of the and it would neither be submissions received, which date back to 1991. Sections Courts and Court Officers Act desirable nor feasible to put referred to the recommend- 13 and 14 of the Courts and 2002 should be in place guidelines of a type ations in relation to client Court Officers Act 2002 implemented forthwith which would provide a information, generally provide that the civil (except for personal injury simple, mathematical model welcomed the notion of jurisdiction of the Circuit cases).” G
www.lawsociety.ie 17 Is your Firm getting the best deal from your Bank? Are you Happy with the Interest you are Earning? Happy with the Interest you are Paying? Getting proper Set-Off Interest? Paying Uncleared Interest / Surcharge Interest?
Talk to Kieran Finnan About a Banking Health Check A Nationwide Service to the Legal Profession
Finnan Financial Limited 21 O'Connell Street, Waterford. Phone 051 850672 [email protected] www.finnanfinancial.com ANALYSIS LAW SOCIETY GAZETTE APRIL 2007 Growing your business Good client care is good for business. It’s not just a desirable ‘optional extra’ – it is absolutely essential to your business, writes Tom Murran
n early 2006, the Law Society business, because it helps to PIC: GETTY IMAGES in spring/summer 2007 – the Iestablished the Client Care improve your profits by first starting 18 April in Task Force. Its brief was to ensuring client satisfaction, Carrick-on-Shannon, followed take whatever steps were client retention and repeat by another in Cork on 3 May necessary to improve client business. It’s about your clients and a third on 7 June in care by solicitors. Most selling the virtues of your Dublin. These will be practitioners recognise that business to other potential new augmented by the rolling out lawyers, in general, do not clients. Your job is well done if, of phase II of our programme receive a good press, but have at the end of the transaction, – the provision of workshops laboured under the you are satisfied that not only for much smaller numbers. misapprehension that ‘their have you performed well in a Throughout the year, own’ clients think highly of technical sense, but your client workshops comprising no more them. Unfortunately, this is believes that he or she has got sufficiently skilled to get the than ten or12 attendees will not necessarily the case. great service. title to the property in his take place. The approach will Experience has shown that, in Client care is all about name and procure his loan be hands-on and will be other common-law trying to see the experience cheque from the building adapted to real-life working jurisdictions, there is a wide from the client’s point of view. society or bank. In a crude situations. These will be disparity between the solicitor’s Very often, the client’s gripe sense, client care is about presented by a former view of the service he provides about the service he receives letting the client know that the practising solicitor who has for his client and the client’s does not relate to the technical job has been done well. first-hand understanding of the view of that service. services provided, but to the The task force has already issues involved. Solicitors do, by and large, client’s perception of how the held client focus seminars in The committee feels that provide an excellent technical solicitor dealt him with. For Dublin, Limerick, Waterford, those most likely to benefit service to their clients. They example, it’s no good charging Athlone and Cork. More from the workshops will be successfully perform the tasks what you consider a reasonable recently, having taken on board those who have already entrusted to them by their fee, which may objectively be feedback from attendees, the attended the seminars. clients – from the acquisition very reasonable, if the client format has changed somewhat. Consequently, workshops will of title to a property, to the thinks the fee is outrageous Numbers have increased, with only be open to those who successful outcome of a and unwarranted for the 150 delegates signing up for a have attended the client focus personal injury action. services provided. seminar in Dublin last seminars. Details of these However, in practice, what the When a client walks into November, and another 90 workshops will be published client thinks of that service your office instructing you to signing up for a Thurles shortly by way of individual does not always accord with act in relation to the purchase seminar in December. In total, letters to previous the solicitor’s view of the of a property, he or she already over 600 solicitors have signed attendees. G service provided. assumes (rightly) that, up. By and large, the feedback Ultimately, good client care technically, you are a has been extremely positive. Tom Murran is chairman of the is absolutely essential to your competent lawyer and are Three seminars will be held Client Care Task Force
www.lawsociety.ie 19 LAW SOCIETY GAZETTE APRIL 2007 ANALYSIS
‘Shortcomings’ in therapeutic
Alma Clissmann reports on developments in relation to the practical application of the European Convention on Human Rights
n the case of Tysiac v Poland, deteriorated. She was refused a The court found that the legalised, the legal framework IECtHR, 20 Mar 2007, Alicja termination by Dr RD, head of case related to Ms Tysiac’s right must not be structured in such a Tysiac suffered from severe obstetrics and gynaecology at to private life, and considered way as to limit it. There should myopia (short sightedness) and her local public hospital, on the the state’s obligation under have been a procedure before an was advised by three basis that there were no medical article 8 to secure the physical independent and competent ophthalmologists that her grounds for performing a integrity of expectant mothers. body that could hear an eyesight would be at serious therapeutic abortion, and she It did not question the doctors’ application and issue prompt risk if she carried a third gave birth by caesarean section assessments, but found that her decisions with written grounds. pregnancy to term. However, at full term. Following the fears were reasonable in the The court found that there was they refused to issue a child’s birth, she suffered a circumstances. It found that the no procedure in place to address certificate for the therapeutic retinal haemorrhage, and was lack of transparent and clear and resolve disagreement as to termination of her pregnancy, reclassified as significantly procedures on deciding if the advisability of therapeutic which is an option under Polish disabled, and is at risk of full therapeutic abortion was abortion, either between the law, and which she requested. blindness. On her criminal warranted had a chilling effect mother and her doctors, or the Her GP issued a certificate complaint against Dr RD, the on such a finding – which left doctors themselves. stating the risks to her eyesight prosecutor found no causal link doctors liable to up to three Although doctors were and her health, in view of two between the doctor’s decision years’ imprisonment if they got permitted to seek second previous caesarean deliveries. and her deterioration. No it wrong. opinions, this did not give After two months, her disciplinary action was taken The court found that once patients a procedural guarantee eyesight had significantly against him. therapeutic abortion was to obtain such an opinion, or to ONE TO WATCH: NEW LEGISLATION Criminal Justice Act 2006 enactment in March. • The admissibility of 5) A power to apply to a court The Criminal Justice Act 2006 At 197 sections and four witness statements in for an order for the became law in July 2006 and schedules contained in 173 circumstances where a disclosure of information most of it has been brought into pages, the act represents witness recants and refuses concerning property held in effect since by a series of significant changes of many to stand over a previous trust; commencement orders (SI nos aspects of the criminal law. It statement, with certain • Extension of the post-arrest 390, 529, 586, 622 and 689 of amends 64 other statutes. Its safeguards; detention period from 12 2006 and 25 and 65 of 2007). passage through the Oireachtas • New powers to be made hours to 24; An updated list of sections was turbulent, with many available to the Garda • Extension of the period for commenced is currently available amendments and new additions Síochána, including: retention of photographs and on the Criminal Law Committee added at short notice. An updated 1) The power to preserve palm/fingerprints and page of the Law Society website. explanatory memorandum, evidence and designate a samples obtained from This act represents a encompassing the provisions of place as a crime scene, persons in the absence of considerable amount of change to the act as they now stand, is 2) The power to seize and proceedings from six to 12 digest and implement. New available with the act on the retain evidence (other than months; offences, procedures and Oireachtas website, documents related to legal •A new offence of reckless penalties need to become www.oireachtas.ie. advice), endangerment of children, as understood and familiar to legal The following is a brief 3) A general power to seek a recommended by the Ferns personnel, gardaí and others. overview of the main provisions: search warrant for a broad Report; Already, however, it risks being range of offences, • The introduction of a new overshadowed by the new Criminal Investigation and prosecution 4) A power to photograph an system of fixed charges for Justice Bill 2007 recently of offences arrested person for the certain public order offences, announced by the Minister for Parts 2, 3 and 15 include purposes of identification, that is, disorderly conduct in Justice and promised for provision for: and a public place and being
20 www.lawsociety.ie ANALYSIS LAW SOCIETY GAZETTE APRIL 2007 human rights watch termination case
contest it in the event of PIC: REX FEATURES Does this case mean that disagreement. Therefore, the your rights under article 8 are court concluded that Polish law violated if you do not get did not contain an adequate important medical assistance mechanism for determining if promptly when you need it? the conditions for a therapeutic Not necessarily. The defendant abortion had been met. Further, state, Poland, did not plead lack she had no remedy under of resources to carry out the Polish tort law for preventive abortion, or the need to allocate action, only for compensation scarce resources through a after a wrong was done. The waiting list. It admitted that court found that retrospective there were deficiencies in the measures alone did not provide manner in which the appropriate protection for the therapeutic abortion law was physical integrity of people in applied in practice. The focus such a vulnerable position as was on the procedural Ms Tysiac. shortcomings rather than on Poland: Deficiencies in how the law applied in practice She was awarded €25,000 for the availability of the non-pecuniary damage and treatment. G €14,000 for costs and expenses. ‘caselaw’, ‘HUDOC database’, the Law Society makes a small The judgment may be seen on ‘list of recent judgments’. Her annual contribution for the Alma Clissmann is the Law the ECtHR website at legal team was assisted by maintenance of their human Society’s parliamentary and law www.echr.coe.int/echr under Interights, London, to which rights caselaw database. reform executive.
intoxicated in a public place; Prosecution appeals • Increases in fines and • Mandatory minimum •Provisions to address a Part 4 provides for a broadening penalties, generally for sentences for serious firearms difficulty in relation to the of the circumstances in which the offences under the Firearms offences of ten to 20 years; for jurisdiction of District Court prosecution can appeal a decision Acts; lesser firearms offences of five judges to issue a search on a point of law. • Firearm certificates for three to ten years (including warrant when he or she is years rather than one, and a possession of a firearm in outside his or her district, Firearms and fireworks requirement for a firearms suspicious circumstances, arising from the Supreme Parts 5 and 6 provide: training certificate for persons possession of a firearm with Court judgment in the Dylan •A statutory basis for an over 14 years, using a firearm criminal intent, possession of a Creaven case; amnesty during which firearms, legally held by an adult, to firearm with intent to endanger • The restriction on prosecution knives and offensive weapons train; life or cause serious injury to within six months is may be surrendered to the •Provisions to allow the minister property, possession of a restricted to summary Garda Síochána before new to deem certain firearms as firearm while hijacking a offences only, and not penalties and minimum ‘restricted’ by reference to vehicle, and use or production offences that can also be mandatory sentences are specific criteria, including the of a firearm to resist arrest); tried on indictment; introduced. This was to enable calibre, action type and muzzle and for altering a firearm (such • The anonymity of witnesses people to regularise their energy of the firearm. Any as sawing off the barrel of a with medical conditions to position before the mandatory person wishing to obtain a shotgun) of five to ten years, avoid undue distress, and sentences were introduced, certificate for such a firearm all subject to judicial discretion restrictions on reporting; thus enabling the gardaí to will now have to apply directly for a first offence (further, the • New offences to deal with concentrate on more serious to the Garda Commissioner; power to commute these attacks against emergency offenders. This amnesty • Regulation of firearms ranges sentences does not apply, and workers, with penalties up to operated during September and by authorisations and the power to grant temporary seven years’ imprisonment. October of 2006; inspections; release is restricted);
www.lawsociety.ie 21
ANALYSIS LAW SOCIETY GAZETTE APRIL 2007
• The extension of the Firearms •Provisions to strengthen the Adult anti-social behaviour orders request the attendance of a Act to cover stun guns and existing sentencing provisions Part 11 introduces anti-social representative of the HSE. crossbows; in relation to the ten-year behaviour orders to deal with •A court may dismiss a case • Increased regulation of mandatory minimum sentence situations where an individual against a child under 14 if the ownership and licensing of for the possession of drugs for causes, or is likely to cause, child did not have a full firearms; sale and supply and the harassment or significant or understanding what was •A new offence of possession of application of the mandatory persistent alarm, distress, fear or involved in the offence. illegally-imported fireworks with sentence to the new importation intimidation to another person, or •A court, when dealing with a intent to supply; offence. where there is significant or child charged with an offence, • New offences governing the persistent impairment in the use must have due regard to the misuse of fireworks in public Sentencing and post-release and enjoyment of property. Prior child’s best interest, the places; and Parts 9 and 10 provide: warning to desist is required, and interests of the victim and the • Increased penalties governing •Provisions requiring that drug the order must be applied for by a protection of society. the illegal importation, sale and offenders convicted on senior garda. ASBOs (or ‘civil • The parents of a child being use of fireworks. indictment are to provide orders’) may apply for up to two made the subject of a certain notification as to their years, may be appealed and behaviour order may be Organised crime and drugs place of residence and breach gives rise to imprisonment required to attend all stages of Parts 7 and 8 provide: movements, for varying periods for six months and/or a fine of the court proceedings. •A new definition of ‘criminal of time from one year (sentence €3,000. Legal aid may be • Restrictions on reporting of organisation’ as a structured suspended) to 12 years (life awarded. proceedings concerning group composed of three or sentence), with half periods for children are extended to all more persons acting in concert, children under 18 years; Children courts, subject to judicial established over a period of • The introduction of provisions Parts 12 and 13 provide: discretion in the public interest time and having as its main allowing for a broader range of • The age of criminal or in relation to ASBOs. purpose or main activity the sentencing options as responsibility is raised from • Child anti-social behaviour commission of, or facilitation alternatives to imprisonment, seven to 12 years except for orders (from 12 to 18 years), of, a serious offence. including: certain serious crimes (murder, which may be imposed as a Facilitation of an offence does 1) The power to suspend all or manslaughter, rape and serious last resort after other specified not require knowledge of a part of a sentence, subject to sexual offences), where it is diversionary interventions have particular offence the agreement by the offender to ten years. The rebuttable failed. They may apply for up to commission of which is abide by conditions imposed, presumption of doli incapax for two years, may be appealed facilitated, or that an offence 2) The power to impose a fine children under 14 is revoked. and give rise to detention for actually be committed. and defer a custodial The DPP’s consent is required three months and/or a fine of • New offences relating to sentence, for prosecuting (though not €800. participation in, or assisting 3) The power to impose a arresting and charging) a child the activities of, organised restriction on movement under 14. Codification of the criminal law gangs, including by non-gang order, and • Responsibility for the provision (part 14) members. 4) A legal basis for the and operation of detention This project will be undertaken • Restrictions on summary trial of introduction of electronic facilities for children under 16 over a period of years by a team gang-related offences and monitoring. years is transferred from the established in UCD under the restriction of power to grant bail Department of Education and direction of Prof Finbarr to the High Court. Restriction on movement orders Science to the Department of McAuley. G • New offences relating to the and electronic monitoring may also Justice, Equality and Law importation of drugs in excess be applied by the minister as Reform. Alma Clissmann is the Law of €13,000 and the supply of conditions for prisoners on • In hearing a criminal case Society’s parliamentary and law drugs to prisons. temporary release. against a child, a court may reform executive.
‘Stage International’aP ` aris OCTOBER AND NOVEMBER 2007 Organised by the Ordre des Avocats de Paris to give foreign REQUISITES: lawyers the opportunity to gain crucial insight into how law is • To be a member of the Law Society. practiced in France. The programme will allow participants • To speak French proficiently to take part in top-quality law courses and gain work • To be under 35 years of age • To be covered by liability insurance experience inside French law firms.
Applications to be submitted by 30 April to: [email protected]
www.lawsociety.ie 23 LAW SOCIETY GAZETTE APRIL 2007 COVER STORY SUFFER the children Unless the much-heralded new ASBO provisions are used with great discretion, they could lead to unjust convictions or hamper a person’s right to a fair trial. John Noonan reads you your rights. (Additional reporting by Mark McDermott)
nti-social behaviour orders (ASBOs) deal with children at risk and prevent their were first introduced in England and progression into more serious offending. Wales by the Crime and Disorder Act However Youth Work Ireland, which campaigned 1998. Subsequent legislation against ASBOs, has called for the Human Rights A strengthened their application, namely Commission to monitor such orders and has urged through the Anti-Social Behaviour Act 2003 (England that the Ombudsman for Children should have a and Wales) and in Northern Ireland through an leading role in the process. order in council. In Scotland, ASBOs were The first stage of the ASBO procedure is the same introduced for the first time in October 2004 by the for both children and adults. A garda may now issue a Antisocial Behaviour etc (Scotland) Act 2004. Scotland, behaviour warning to an adult or child if he or she however, has an existing tribunal – the Children’s behaves in an anti-social manner. Anti-social Hearings System – which is charged with dealing behaviour is defined as causing, or being likely in the with children and young persons who offend. circumstances to cause: ASBOs have now migrated to Ireland. The • Harassment, Criminal Justice Act 2006 introduced a new civil • Significant or persistent alarm, distress, fear or procedure into Irish law – similar to English ASBOs. intimidation, or Part 11 (ss113-119) provides for ‘civil orders’ against • Significant or persistent impairment in the use or adults and came into force on 1 January 2007 (SI enjoyment of property to a person or persons who 689/06). Part 13 (ss159-166), which provides for are not in the same household. ‘behaviour orders’ against children from the ages of 12 to 18, became law on 1 March 2007 (SI 65/07). This warning can be either written or oral, and – if The Minister for Justice, Equality and Law oral – it is to be written down as soon as is reasonably Reform, Michael McDowell, has said that ASBOs, practical. It must demand that the warned person used in a focused way, can be of real and practical cease or otherwise address the behaviour, and it must benefit to society. “There is … concern about lower- give notice that failure to comply, or a subsequent level, anti-social behaviour causing serious warning, may result in a court application. The MAIN POINTS interference in the lives of people, and especially the behaviour warnings must issue within one month of • Behaviour orders most vulnerable, in our communities,” he said. the behaviour (or the most recent instance of it), and for children “While some people have the financial resources to the warning remains in force for three months. • Civil orders for seek private law injunction-type remedies to protect adults their rights to enjoyment of their property, many do Diff’rent strokes •Effective deterrent not. I believe that the state should ensure that similar At this point, the procedure for children and adults to anti-social protection is available to all our citizens.” The differs. In the case of an adult, an application can be behaviour? minister has said that such mechanisms will further made by a garda (not below the rank of add to the range of early interventions available to superintendent) if they are satisfied that a behaviour
24 www.lawsociety.ie COVER STORY LAW SOCIETY GAZETTE APRIL 2007 PIC: GETTY IMAGES
www.lawsociety.ie 25 LAW SOCIETY GAZETTE APRIL 2007 COVER STORY
Under s257C of the Children Act 2001 (which was inserted by the 2006 act), the garda who gave the Typical ASBOs warning shall prepare a report for the superintendent ASBOs may prohibit any behaviour. Breach of an ASBO can result in criminal in his or her district and the superintendent shall penalties of up to five years in prison. Such orders in Britain have included: convene a meeting to discuss the child’s behaviour if: •Vandalism • The child has behaved in an anti-social manner • Theft and is likely to continue, or • Abusive behaviour • The child has previously behaved in an anti-social • Harassment manner, but has not been warned about it, or that • Flyposting holding such a meeting would help to prevent •Organising raves further such behaviour. • Begging. The meeting shall be held with the child, his or her Less common ASBOs (Britain) parents/guardians, the garda who warned the child, •A 23-year-old woman from Bath, England, who was given an ASBO preventing the child’s juvenile liaison officer (if he or she has one) her from jumping into rivers, canals or railways. This is because the rescue and any other person the superintendent considers services were placed at risk when rescuing her while she attempted suicide would be of assistance. The child will be asked to on several occasions. Magistrates made her subject to an ASBO, which undertake to stop their behaviour, and his or her means that if she attempts suicide again she could be sent to prison; parents/guardians will be asked to undertake steps to • An ASBO granted to an area, Skegness sea front, allowing the police to arrest prevent a recurrence. anyone who caused trouble there; •Two teenage boys from east Manchester forbidden to wear one golf glove Saved by the bell because it signified gang membership; If the child and his or her parents/guardians agree to •A 14-year-old forbidden to use the word ‘grass’. The north Manchester youth give those undertakings, a ‘good behaviour contract’ was made the subject of an ASBO after he repeatedly abused his neighbours, is entered into, which will last for a period not claiming that they were police informers. The order bans him from saying exceeding six months, although there are provisions ‘grass’ at any time in England and Wales until 2010; to renew the contract for a further period of up to six •A 17-year-old forbidden to use his front door; months. Where the good behaviour contract is not • An 87-year-old man ordered not to shout, swear or make “sarcastic remarks applicable (where the superintendent does not to neighbours or their visitors”; consider it to be beneficial, where the contract is • In the centre of Manchester, a group of residents called for an ASBO against breached, or where the child or parents/guardians do noisy builders on big construction sites. not give the undertakings), the child shall be admitted to the diversion programme under part 4 of the Children Act 2001. warning has not been complied with or that the adult A garda, not below the rank of superintendent, has received three or more behaviour warnings in less may apply to the Children’s Court to make a than six consecutive months. The District Court may ‘behaviour order’ if it is satisfied, on the balance of then make a ‘civil order’ if it is satisfied, on the probabilities, that: balance of probabilities, that: • The child, notwithstanding his or her participation • The adult has behaved in an anti-social manner, in the measures contained in s257C of the Children • The order is necessary to prevent this behaviour, Act 2001, has continued and is likely to continue to and behave in an anti-social manner; • The order is reasonable and proportionate in the • The order is necessary to prevent this behaviour; circumstances. and • The order is reasonable and proportionate in the Such an order can last for up to two years, but the circumstances. Cheeky monkeys order can be varied or discharged on the application deserve an ASBO of the ordered person or of a garda not below the Similar to the civil orders already mentioned, a rank of superintendent, and there is also a right of behaviour order can last for up to two years, but the appeal to the Circuit Court. order can be varied or discharged on the application The terms and conditions of a civil order are of the child, his or her parent/guardian or a garda not within the discretion of the court. If the person, below the rank of superintendent, and there is also a without reasonable excuse, does not comply with the right of appeal to the Circuit Court. The terms and civil order, they can be convicted of an offence, the conditions of a behaviour order are within the maximum penalty for which is a fine of €3,000 or six discretion of the court. However, the 2006 act states months’ imprisonment, or both. It is also a less that, for the purpose of protecting a person from the serious offence to fail to give one’s correct name when child, the court can: warned under the 2006 act. •Prohibit the child from specified behaviour or from In the case of a child, there may be an additional such behaviour at a specified place; step prior to the matter being brought to court. • Require the child to comply with school
26 www.lawsociety.ie COVER STORY LAW SOCIETY GAZETTE APRIL 2007
attendance, reporting to a person in authority (for PIC: PHOTOCALL IRELAND example, a garda or teacher); and •Provide for the supervision of the child by a parent/guardian or another specified person.
If the child, without reasonable excuse, does not comply with the behaviour order, they can be convicted of an offence, the maximum penalty for which is a fine of €800 or three months’ detention, or both. Again, it is a less serious offence for a child to fail to give his or her correct name when warned under the 2006 act. It should be noted that a person may not be charged, prosecuted or punished for a criminal offence where the act or omission that constitutes the offence is the same behaviour for which an application for a civil order or behaviour order is sought. Finally, where there is an application for a civil order or a behaviour order, a legal-aid certificate can be obtained where appropriate. This is an overview of the procedure, and the 2006 act should be consulted for a more detailed analysis.
Magic roundabout It is difficult to predict the amount of success the new measures will have in preventing anti-social behaviour. Studies on the effectiveness of ASBOs in Levitation is not yet England and Wales have produced mixed results. The their ASBO on more than one occasion. Eighteen classified as ‘anti-social report of the Youth Justice Board, which was based on young people were sentenced for breach of an ASBO behaviour’ their research between January 2004 and January as the sole offence: for one young person, the 2005, notes that: “Nearly half of the young people outcome was a custodial sentence.” whose case files were reviewed, and the vast majority On the other hand, the British Home Office of young people who were the subjects of in-depth reports that 63% of the people who received a interviews, had been returned to court for failure to warning letter desisted from anti-social behaviour. comply with their order. The majority had ‘breached’ It may be suggested from these findings that, if civil orders and behaviour orders are to be an effective deterrent to anti-social behaviour, the courts and gardaí must exercise great care and discretion when “The question LOOK IT UP deciding to make the order, and also when deciding Legislation: the terms of such an order. must be asked • Anti-Social Behaviour Act 2003 (England and On a more general level, the question must be whether these Wales) asked whether these orders are compatible with our • Antisocial Behaviour etc (Scotland) Act 2004 system of criminal justice? Anti-social behaviour has a orders are (Scotland) very loose definition and covers a large number of compatible with • Children Act 2001 (no 24 of 2001) situations. Breach of a civil order or behaviour order • Crime and Disorder Act 1998 (England and is a criminal offence, but a behaviour warning can be our system of Wales) given for behaviour that is not in itself criminal. criminal • Criminal Justice Act 2006 (Commencement) (No Furthermore, when deciding whether to make an 2) Order 2007 (SI 65/07) order, the courts need only be satisfied on the civil justice?” • Criminal Justice Act 2006 (Commencement) (No standard of proof that the behaviour complained of 5) Order 2006 (SI 689/06) took place. It is possible, therefore, that the system • Criminal Justice Act 2006 (no 26 of 2006) could be used to criminalise acts or omissions that would not otherwise attract a conviction. Literature: Unless the new provisions are used with great • Home Office crime reduction website (Britain): discretion by the courts, and by the gardaí, it is www.crimereduction.gov.uk possible that the new measures could lead to unjust • Juvenile Justice, Dermot Walsh (2005, Thomson convictions or hamper a person’s right to a fair Round Hall) trial. G • Youth Justice Board (Britain): www.yjb.gov.uk John Noonan is a Dublin-based barrister.
www.lawsociety.ie 27 LAW SOCIETY GAZETTE APRIL 2007 LITIGATION
VOYAGE OF
DiscoveryIt is not sufficient for an applicant for discovery to establish that the documents sought are relevant and assume that the court will conclude that they are also necessary. Emily Marie Egan plumbs the depths
he nature and extent of the change in the reasonable to suppose contains information which may law in relation to discovery occasioned by – not which must – either directly or indirectly enable the enactment of the Rules of the Superior the party requiring the affidavit either to advance his Courts (No 2) (Discovery) 1999 (SI no 233 own case or damage the case of his adversary”. T of 1999) was not immediately apparent in This test was described by the Supreme Court in the wake of the amendment. However, the courts have Taylor v Clonmel Healthcare Ltd as the test which has subsequently teased out the precise impact of SI no been referred to and approved “time and time again” 233 of 1999 in a series of cases, and it is now clear that in this jurisdiction, and was recently applied by Clarke it did not fundamentally alter the existing substantive J in VLM Ltd v Xerox (Ireland) Ltd. In that case, Clarke law in relation to discovery (Ryanair v Aer Rianta). J stated that the question the court must ask itself in As such, the twin criteria of relevance and necessity respect of each category of documents sought is continue to determine the availability of discovery “whether there are real grounds for believing that pursuant to order 31, rule 12. Although these tests discovery of the category concerned might advance the derive from the language of rule 12 as originally plaintiff’s case or damage the defendant’s case”. enacted, the requirement for a grounding affidavit and In determining relevance, the importance of the a more specific request for voluntary discovery means pleadings cannot be overstated. In Ryanair v Aer that the courts may now engage in a meaningful Rianta, Fennelly J pointed out that the court hearing assessment as to whether or not these requirements an application for discovery must have regard to the have been satisfied. The courts have availed of this issues in the action as they appear from the pleadings. opportunity to develop and refine the concepts of The importance of this was reaffirmed by the Supreme relevance and necessity in a number of cases since the Court in Framus Ltd v CRH plc, where Murray J cited amendment. the decision of McCracken J in Hannon v Commissioners for Public Works, with approval. In that case, Time after time McCracken J held that relevance must be determined Rule 12(1) provides for the discovery of documents by reference to the pleadings in the particular case and “relating to any matter in question” in the pointed out that the court must be satisfied of the MAIN POINTS proceedings. It is clear from this language that an relevance of the document sought as a matter of •Discovery – applicant for discovery must establish the relevance of probability; the mere possibility that they are relevant meaningful the documents sought. will not suffice. It follows from this that a party may assessment Indeed, in Ryanair v Aer Rianta, the Supreme Court not seek discovery of a document in order to find out • Establishing identified relevance as the primary requirement on an whether it may be relevant. relevance application for discovery. As regards the test to be • The burden of applied to determine relevancy, the court True colours proof for necessity unequivocally upheld the continued validity of the test Rule 12(3) provides that an order for discovery must • Distinction formulated by Brett LJ in Compagnie Financiere du not be made if the court is of the opinion that it is not between Pacifique v Peruvian Guano Co, which “has long been necessary either for disposing fairly of the cause or relevance and accepted as laying down the appropriate test of matter or for saving costs. necessity relevancy”. Brett LJ stated that a document related to Although the substantive test for necessity has not the matter in question in the action is one “which it is changed, the burden of proof in this regard was
28 www.lawsociety.ie LITIGATION LAW SOCIETY GAZETTE APRIL 2007 PIC: REX FEATURES
Intrepid lawyers man the rigging of the good reversed by SI 233 of 1999. Prior to the amendment in the Ryanair case, was stated in somewhat stronger ship Discovery of rule 12, the party resisting discovery bore the onus terms by Clarke J in VLM Ltd v Xerox (Ireland) Ltd: of proving that the documents sought were not “In having regard to the overall requirements of the necessary (Allied Irish Banks plc v Ernst & Whinney). administration of justice in expedition and economy The Supreme Court has made it clear that this and also having regard to the question of whether burden is now on the applicant and is not a mere documents are really necessary for the fair disposition formalistic requirement (Ryanair v Aer Rianta). of the case, I should also have regard to whether there It is important to note, however, that the Supreme is any lesser category of documents which would, in Court has rejected the contention that the applicant substance, be likely to give the plaintiff the same must show that the documents sought are absolutely opportunity to advance his case or damage the necessary in Ryanair v Aer Rianta. Rather, Fennelly J defendant’s case but which would be less onerous in approved of the notion of “litigious advantage” terms of compliance.” adopted by Kelly J in Cooper Flynn v RTÉ, whereby it However, it should be noted that the Supreme suffices if the applicant establishes that a litigious Court has sounded a note of caution in this regard. In disadvantage would be suffered if the documents were Framus Ltd v CRH plc, Murray J made it clear that the not obtained. circumstances in which the categories of discovery The obligation of the court to confine the cat- sought may be redefined by the court are limited: egories of documents sought, identified by Fennelly J “In certain circumstances, the court may grant
www.lawsociety.ie 29 LAW SOCIETY GAZETTE APRIL 2007 LITIGATION
discovery on a more limited basis than that sought proof, as was the case in PJ Carroll & Co Ltd v The where it considers it appropriate to do so. On the Minister for Health and Children. In that case, the other hand, it is not for the court to re-draft the Supreme Court concluded that the documents sought applicant’s motion where it, in effect, amounts to a by way of discovery were relevant, but upheld the form of blanket discovery … It may be appropriate to refusal of the High Court to grant an order for do so where a more limited category can be more discovery on the basis that the applicants had failed to readily defined and it is in the interests of fairly discharge the burden of proving necessity. Geoghegan disposing of the application.” J took the view that the information was available A trend that emerges from the case law, relating to elsewhere and concluded his judgment with the necessity, is the concern of the court as to the burden, following comments: scale and cost of discovery. As stated above, this was “A party may “It has been pointed out that some of the case law specifically raised as a concern by the Supreme Court relating to discovery, and I think I specifically said it in Ryanair v Aer Rianta. It was also referenced by not seek in Taylor v Clonmel Healthcare Ltd, that perhaps more McCracken J in Hannon v Commissioners for Public discovery of a often than not, if a document is relevant, it is also Works, where he stated that the court should look to necessary. But the separation of the element of whether the discovery sought was oppressive, in order document in necessity from the concept of relevance is, to ensure that the procedure was not used as a ‘tactic order to find nevertheless, important and has real application in of war’ between the parties. This aspect of the some cases … It would seem to me that this is clearly judgment was also approved of by Murray J in out whether a case where the distinction is important. The Framus. it may be documents are relevant but unnecessary.” It is clear from this that it is not sufficient for an What’s going on? relevant” applicant for discovery to establish that the As regards the distinction between relevance and documents sought are relevant and assume that, on necessity, there remains some confusion. In Taylor v this basis, the court will conclude that they are also Clonmel Healthcare Ltd, the Supreme Court played it necessary. These requirements are cumulative and will down, stating that where a document is relevant it is, be treated as such by the court. more often than not, necessary. This sentiment is echoed by Macken J in McDonagh v Sunday Newspapers That’s what I think Ltd, where she stated that: “In so far as the distinction The High Court initially adopted a strict approach to and nuances, if any, between the question of relevance, compliance in the wake of the enactment of SI 233 of litigious disadvantage and necessity are concerned, as 1999. In Swords v Western Proteins Ltd, Morris P held these words are used in the jurisprudence, the real that the amended rule imposes an obligation upon question remains at all times … one of relevance.” the party seeking discovery to identify precisely In other cases, however, the courts have taken care the categories of documents sought and to to emphasise that there is a distinction between the provide reasons as to why they are necessary. two, and both requirements must be satisfied on an He appeared to suggest that the master has application for discovery. Generally, this occurs no jurisdiction to make an order for discovery where the material sought is relevant but the in the circumstance where the applicant for applicant has some other readily available means of discovery has failed to comply with the provisions of order 31, rule 12. However, the Supreme Court adopted a more LOOK IT UP pragmatic approach in Taylor v Clonmel Health Care Cases: Ltd and rejected the contention that strict compliance • Allied Irish Banks plc v Ernst & Whinney [1993] IR 375 with rule 12 is a condition precedent to the • Compagnie Financiere du Pacifique v Peruvian Guano Co (1882) 11 QBD 55 jurisdiction of the master to order discovery. It was • Cooper Flynn v RTÉ [2000] IR 344 held that the master has full power to waive a • Framus Ltd v CRH plc [2004] 2 IR 20 technical breach if the object of the rule has, in reality, • Hannon v Commissioners for Public Works, unreported, High Court, 4 April 2001 been achieved. However, Geoghegan J did point out • McDonagh v Sunday Newspapers Ltd [2005] 4 IR 528 that the court would be slow to exempt applicants • PJ Carroll & Co Ltd v The Minister for Health and Children, unreported, Supreme from the provisions of “an amended rule specially Court, 1 June 2006 [2006] IESC 36 designed to provide procedures to cure a perceived • Ryanair v Aer Rianta [2003] 4 IR 264 mischief”. • Swords v Western Proteins Ltd [2001] 1 ILRM 481, 487 Practitioners should note that the Master of the • Taylor v Clonmel Healthcare Ltd [2004] 1 IR 169 High Court is slow to overlook non-compliance with • VLM Ltd v Xerox (Ireland) Ltd, unreported, High Court, 25 February 2005 [2005] rule 12. In addition, there are costs implications to be IEHC 46 considered, as the courts may well take non- compliance into account in exercising their discretion Legislation: in this regard. G • Rules of the Superior Courts (No 2) (Discovery) 1999 (SI no 233 of 1999) Emily Marie Egan is a Dublin-based barrister.
30 www.lawsociety.ie PRACTICE MANAGEMENT LAW SOCIETY GAZETTE APRIL 2007 PIC: REX FEATURES On the right TRACK Under 30s – also referred to as ‘Generation Y’ – see work very differently to their parents’ generation. Adapting to this is no mean feat for any manager, but Paul Davis has the scoop, daddio
oday’s Generation Y (aged under 30) has and developing them in a more informal manner – a view of the workplace that is distinctly firms can ensure they benefit from their employees’ different from that of their parents. Few success and vice versa. of them believe in a job for life. A good performance-management system is key MAIN POINTS T Materially wealthy, with bedrooms full to this, and it will ensure your firm doesn’t become of electronic gadgets and a world of experiences at one of the 40% of firms less than five years old that • Performance their fingertips with their iPods, mobiles and PCs, fail because of insufficient management capabilities management Generation Y looks on work as a means of gaining (according to the Small Firms Association). systems different experiences and developing within an Managing staff by reviewing their performance • Job description organisation at a faster pace. through quarterly or annual appraisals alone is not • Goals and Adapting to this is no mean feat for any manager, sufficient to ensure employees are achieving their measurement but by focusing less on a top-down approach of potential and contributing to the success of your managing employees – and more on encouraging firm.
www.lawsociety.ie 31 LAW SOCIETY GAZETTE APRIL 2007 PRACTICE MANAGEMENT
According to a survey of 506 organisations by the on the expectations, duties and tasks related to the Chartered Institute of Personnel and Development job. Job candidates will expect these to be outlined (CIPD) in 2004, 87% used a formal performance- during the application or interview process, and they management process, 74% of senior managers should again be outlined in an introductory session, described performance management as being very ideally during a formal induction. effective or mostly effective, while 59% of If your firm has a documented business plan in employees shared this view. place, setting out its measurable goals and objectives, Most managers don’t have the time to seek this should also feed into department or team plans. guidance from one of the thousands of books written By referring to ‘key performance indicators’ (KPIs) Hamster-powered IT systems are the next on management techniques. If you implement an rooted in your firm’s strategic plan, people at all levels big thing effective performance-management system that of the firm can refer to these and describe what the involves the following processes, you won’t have to. objectives of the business mean for their job. Employees will see how their knowledge, skills, Job description abilities and values are relevant to helping to meet A clearly-defined job description should highlight your firm’s KPIs. By identifying where there is room competencies or required knowledge, skills, abilities for improvement, they can then discuss with a and values for the job. CVs and other information manager what training and development is needed to from the selection process will indicate where gaps help them meet those targets. This should then be in these aspects exist between what is ideally noted in a personal development plan. required and what a person has. This is a key stage The key to setting objectives is that they should be in beginning to manage an employee’s performance. ‘SMART’: specific, measurable, One of the Irish Independent’s ‘Best Companies to achievable/agreed/accepted, realistic/relevant and Work For’, pharmaceutical giant Glaxo Smithkline, timebound/trackable. They should include a ‘what,’ recognises the importance of selecting the right ‘who,’ ‘how,’ and ‘when’ element: what needs to be person for the job. HR director Paul Creedon says: achieved (for example, a fee target)? Who is ultimately “We’ll select the best person for the job and won’t responsible for the delivery? How should the settle for second best, which means we may have to employee go about this? When does it need to be wait longer to make an appointment.” achieved by? The company’s assessment centre then helps new employees to grow by devising a personal Measuring up development plan, looking at their current situation Measuring performance is a way of comparing an and what their aspirations are, which then allows for employee’s work with the overall strategy and goals of an open conversation about their development needs. the business. It should take into account whether the goals defined in the employee’s personal development Goal-setting plan have been met. Another of the ‘Best Companies to Work For’, Cathal Divilly, project director at the Great Place to recruitment firm Brightwater Group, encourages Work Institute Ireland, says: “The best companies employees to devise their own strategy to meet tend to measure what they do. In a workplace targets, allowing them to see clearly their own situation, what doesn’t get measured doesn’t get done.” contribution to the overall success of the company. For a firm providing a service, for example, They sit down with managers and present how they employees who have a say in how the service is want to plan their month and set their own targets. delivered will feel engaged in their work. Employees The setting of goals or objectives should be based who feel they have satisfaction in their work will, in turn, translate this into greater customer satisfaction, and this tends to result in higher profits. This will GENERATION Y NOT? inevitably meet one of your firm’s objectives and, The term ‘Generation Y’ first appeared in an August 1993 AD Age editorial to therefore, should be measurable and result in a reward describe those children born between 1984 and 1994. The scope of the term for that employee. has changed greatly since then, to include, in many cases, anyone born as late Be clear about the job expectations and how as 2001. There is still no precise definition of years. Generation Y is often employees are performing against them. As shortened to ‘Gen Y’ or ‘Ygen’. workplaces become increasingly informal, this can be as simple as regularly talking to employees, making DEMOGRAPHICS BY GENERATION suggestions, and keeping them on track. WWI 1922 to 1927 eBay uses a number of methods, such as a ‘pulse Post-war/the Great Depression 1928 to 1941 survey’ that enables employees to give candid, Baby Boomers 1942 to 1953 anonymous feedback to management on their day-to- Generation Jones 1954 to 1965 day experiences in the workplace. It not only means Generation X 1966 to 1977 that managers can strengthen their own skills and Generation Y 1978 to 1998 effectiveness, but also means employees’ concerns are addressed as well.
32 www.lawsociety.ie PRACTICE MANAGEMENT LAW SOCIETY GAZETTE APRIL 2007
Google recognises the increasing trend to allow measurable and trackable and tie in with the employees freedom in their jobs to be creative organisation’s own objectives. and entrepreneurial. This might mean the Training and development programmes and employee taking a risk to try out a new personal development plans should be idea or approach in the course of TRAINING AND JOB agreed with employees. The focus their work. Managers might then DEVELOPMENT DESCRIPTION should be on addressing gaps between need to suggest how to tailor this the knowledge, skills and abilities to ensure its success. In this way, required and those actually they recognise their displayed by the employee. contribution to the firm’s ANNUAL GOAL/ A 2005 CIPD survey on growth and success. PERFORMANCE OBJECTIVE training and development REVIEW PERFORMANCE SETTING revealed that 78% of Performance reviews MANAGEMENT respondents had received some As well as ad hoc feedback, SYSTEM form of training in the previous quarterly and annual year. Of these, 94% believed it performance reviews should be helped them to do their job formally arranged regularly QUARTERLY DEFINING better. during the year. Both employees PERFORMANCE MEASUREABLE However, the survey also and managers should prepare for DISCUSSIONS PERFORMANCE revealed that employees in small this meeting and use previous ONGOING businesses were less likely to receive reviews or performance discussions as COACHING AND training: 73% of respondents from the framework for the meeting. FEEDBACK companies with less than 99 employees said In many performance-management they hadn’t received any employer-provided systems, an employee fills in a pre-appraisal form training in the previous year. that outlines their objectives for the following year. These should be discussed, expanded upon and Recognising the positives agreed at the performance review. These should be Recognising positive performance isn’t simply a matter of saying ‘well done’. It includes effective compensation and benefits linked to deliverable results. TALK THE TALK: Employees need to recognise their career paths and be kept aware of promotional prospects. This TOP TEN MANAGEMENT BUZZWORDS can be as simple as having an informal chat on a Blue-sky thinking. Context: “Let’s start with a blank sheet of paper and do some regular basis about those prospects, opportunities for blue-sky thinking and see what happens.” Meaning: this is similar to thinking training towards promotion, and helping to fund ‘outside the box’ and is supposed to be a situation where you come up with that training. Employees want to know where good ideas, taking into account no preconceptions and not dismissing ideas instantly. performance will lead them and what’s in it for Brain dump. Context: “Have a brain dump and see what you come up with.” them. Meaning: brainstorm. Bonuses are the most common example of Low-hanging fruit. Context: “We started off by removing the low-hanging fruit, rewards. Incentives aligned with employees’ goals before looking at the tougher problems.” Meaning: the bits that can be done and those of the organisation can serve as motivating quickly and easily but still have an effect. factors. However, it’s important to recognise Take ownership. Context: “I think it’s up to you to really take ownership of this employees’ creativity and entrepreneurship as well. piece of work.” Meaning: “You need to get a grip and be responsible for this piece For example, another of the ‘Best Companies to of work.” Work For’, the Crowne Plaza Hotel, rewards Out of the box. Context: “It’d be great if you could think out of the box and employees who come up with ideas to improve generate some radical ideas.” Meaning: “Don’t just come up with the same old service and profitability. obvious solutions. Try and be creative when brainstorming ideas.” It goes without saying that an effective Going forward. Context: “I think it’s important that, going forward, you continue to performance-management system relies on good manage the project proactively.” Meaning: in the future. communication. Employees who receive regular Mission critical. Context: “Handling the pressure of the project OK? I mean, it is advice and assistance in their work will be happy in mission critical!” Meaning: “If we don’t deliver with this project, we’re screwed. their jobs. Happy employees increase client It’s pretty important!” satisfaction as well as profits. With the right Leverage (the proposition). Context: “See if you can leverage the proposition with performance-management system, a business of any them over point 2b, sub-para 5, clause 2.” Meaning: getting some value out of a size can achieve its goals in the same way as the certain situation for you/your project goals. largest multinational. G Numeralicity. Context: “Have you checked that for numeralicity?” Meaning: “Make sure your top-ten lists actually have ten items.” Paul Davis is principal of Davis Business Consultants and From: www.saidwhat.co.uk/bizphrases.php. is a fellow of the Chartered Institute of Management Accountants.
www.lawsociety.ie 33 LAW SOCIETY GAZETTE APRIL 2007 EU LAW SAVING grace?
We’re all familiar with the residency requirement for SSIAs – if anyone is not resident in Ireland for more than three years, they lose the benefit of the SSIA uplift. But is this a breach of a person’s right to freedom of movement under EU law? Frank Mitchell grabs his passport
eaders will be familiar with the 20% uplift that those who have remained in Ireland residency requirement applying to will receive. SSIAs, the effect of which is that if a Those unfamiliar with EU law may be inclined to person becomes non-resident in Ireland view this argument as occupying a middle ground R for more than three consecutive years, somewhere between the speculative and the they will lose the benefit of the SSIA uplift. But does ridiculous, but let us see if that is the case. this constitute a breach of that person’s fundamental right to freedom of movement under EU law? The wild rover Before examining the relevant legislation and case Freedom of movement comes in many guises in the law, it is worth encapsulating the EU law breach Treaty Establishing the European Communities. As a argument in one sentence. The sentence in question consequence of the limited space available here, we comes from the famous Bosman decision, wherein the will address just one of these: the freedom of European Court of Justice ruled that transfer fees movement for workers. Article 39 provides that: payable after the expiry of a football player’s contract “1)Freedom of movement for workers shall be were a barrier to Mr Bosman’s freedom of movement secured within the community. within the community. The court summarised a 2) Such freedom of movement shall entail the lengthy line of authorities in the area and stated: “the abolition of any discrimination based on provisions of the treaty relating to freedom of nationality between workers of the member states movement of persons are intended to facilitate the as regards employment, remuneration and other pursuit by community citizens of occupations of all conditions of work and employment.” kinds throughout the community, and preclude measures which might place community citizens at a In De Groot, the ECJ considered a provision in Dutch disadvantage when they wish to pursue an economic national law that deprived Dutch taxpayers of the activity in the territory of another member state”. benefits of progressive taxation where they had MAIN POINTS Applying this aspect of the court’s decision in earned income in another member state. It was • SSIA scheme Bosman, we must ask: has a person who has opened an argued that this provision acted as a disincentive to •Freedom of SSIA account and then exercised his/her right to obtaining work in other member states: by choosing movement freedom of movement been placed at a disadvantage to work in another member state, Mr De Groot paid within EU compared with someone who has not exercised that more Dutch tax on his Dutch income than another • ECJ case law freedom? The answer must clearly be ‘yes’ – they Dutch citizen who worked only in the Netherlands. have been disadvantaged, as they will not receive the The ECJ had this to say: “Provisions which preclude
34 www.lawsociety.ie EU LAW LAW SOCIETY GAZETTE APRIL 2007 PIC: GETTY IMAGES
Euro-pig: replacing next or deter a national of a member state from leaving his That is, however, by no means the end of the story. year’s You’re a Star country of origin to exercise his right to freedom of We need to consider whether there are any movement therefore constitute an obstacle to that restrictions on the scope of article 39 and whether, in freedom even if they apply without regard to the the event that there is a breach, the national nationality of the workers concerned.” provisions can be justified. The court found that Mr De Groot was put at a In the wake of Bosman, several individuals, relying disadvantage compared with someone who had stayed on a literal interpretation of the decision, brought in the Netherlands and earned all of their income what might be most generously described as there. It considered that the disadvantage was liable speculative claims before the ECJ. The most tentative to discourage a Dutch national from leaving the of these was brought by an Austrian national, Mr Netherlands in order to take up employment in Graf. He was employed by an Austrian firm which, another member state. under national law, was obliged to pay compensation It is important to note that there was nothing to to individuals who, through no fault of their own, prevent Mr De Groot from working in another were made redundant. Mr Graf decided to resign and member state – it was merely that Dutch tax law go to work for another firm in Germany. He claimed would treat him less favourably if he did so. compensation but was refused on the basis that he had voluntarily quit his occupation. Mr Graf claimed Men behind the wire that this constituted an obstacle to his seeking work in What will constitute a ‘barrier’ to working in another another member state, since the prospect of losing the member state has been very widely defined. In Dieter right to compensation discouraged him from moving. Kraus, the court defined a barrier as anything that was The court gave Mr Graf’s claim short shrift, as the “liable to hamper or render less attractive the exercise claim for compensation was not simply dependent on by community nationals … of fundamental freedoms whether Mr Graf stayed with his firm or not, but was guaranteed by the treaty”. based on a “future and hypothetical event”, namely It is clear, then, that taxation provisions that put whether he would ever be made redundant. someone at a fiscal disadvantage for leaving Ireland The SSIA scheme is clearly distinguishable from and taking up employment in another member state this aspect of the Graf case, as the government can constitute a breach of article 39. payment under the SSIA scheme is not a “future and
www.lawsociety.ie 35 ■ ■ ■ ■ ■ ■ ■ ■ ■ Friarylaw, Friary Chambers, The Friary, Bow Street, Dublin7.Tel: BowStreet, Chambers,TheFriary, +353(0)18728405.Fax: 18728409.admin@thefria Friary Friarylaw, IF YOU REQUIREANYFURTHER INFORMATION PLEASECONTACT accreditation. written submissionassessmentandprofessional Recorded simulatedmediationassessment, agreement session. Managing strategies,parentingandthe 'Empowerment' Model Training. T domestic violenceandchildren. including legalandjudicialseparation,divorce, Regulatory Frameworkformatrimonialbreakdown Particular featuresoftheIrishStatutoryand Spousal Maintenance,Capital Assets, Pensions. Financial IssuesofMatrimonialBreakdown- Session Training. Mediation Process,CaucusingandJointPlenary Procedure andRules,financialforms,etc.). Agreement tomediate,CodeofPractice,Case Case Management A Partnering withFriarylaw. Commercial MediationandFamilyMediation. The Irish&InternationallegalcontextforCivil Street, Dublin7. Mediation and Arbitration Suites, The Friary, Bow Programme May'07 The raditional FamilyMediationConceptsand walk throughof PALACE STREET Friarylaw –FamilyMediationinIreland DUBLIN 2 TO LET TO 80 Harcourt Street, Dublin 80 Harcourt Friarylaw FamilyMediation (including Referraltomediate, E-mail: [email protected] or Contact: Paul ScannellorPaul Whitty By priorappointment VIEWING occupation Av throughout High specificationfinish r board/meeting room and 5 storey pluspenthouse 580 sq.m.(6,243ft.) T Law Library Close toFour and Courts City Hall adjacent toDublinCastleand L oof terrace will takeplaceinthe otal Netinternalfloorarea of ocated in the heart ofthecity ocated intheheart ailable forimmediate [email protected] NEW HQOFFICE BUILDING F AMILY MEDIATION TRAINING&PROFESSIONAL ACCREDITATION Date: Ven A NewandUniqueModelofFamilyMediationtotheIrishMarket we and candidates ourprogramme willenjoy andthechallenges throughout thetraining presented that We certain are mediation bestpractice. andinfluencedby mediation international withincivilandcommercial bestpractice influencedbyourexperienceCaucusing methodology of F candidates willbeeducated While andtrained extant andpractices withintraditional associated procedures in bestpractice withthetraditional Irishsocietyanditisunique. ourmodern needs of F isawin-winprocess. Mediation really inthepublicfora. resolution timeandcostefficient of a isnotpossible, agreement If theissuestoenhanceprospects narrow mediation casemanaged shouldsufficiently properly agreement. bindingenforceable inalegally canresult lawyers of mediation casemanaged withtheparticipation Aproperly outcomeoften associated withjudicialdetermination. of removing theuncertainty manner, timeandcostefficient in aconfidential, differences Mediation isamosteffective which isdesignedtofacilitate of process theresolution ■ ■ ■ irlwhv o eeoe oe fFamily Mediation which isbaseduponthespecific have nowriarylaw developed amodel of amily Mediation, candidates will also be educated and trained in our Joint Plenary Session/ candidates willalsobeeducated inourJoint andtrained Plenary Mediation, amily
T accreditation. provider inthe EUtoreceive ISO9002 mediation andservice was trainer thefirst ADR Group 2004 Act, andCourts theCivil Liability nominating bodyundersection15of r F ue: hope that goingforward. candidates willchoose withFriarylaw towork slto riigporme n a enapoe yteDprmn fJustice asa of andhasbeenapproved bytheDepartment programmes esolution training riarylaw is a recognized leaderinproviding isarecognized innovativeriarylaw andinteractive mediation andconflict he training course satisfies 35 hours of the Law Society of Ireland's CPD requirements. Ireland's theLawSocietyof of satisfies 35hours course he training 2 . Tel: 017750500 Monday 21stMaytoFriday25th&28th2007 Dublin7 Bow Street, TheFriary, Mediation & Arbitration Suites, · F ax: 017750577· ry .ie orvisitourwebsite atwww.friarylaw.ie W eb: www.hwbc.ie EU LAW LAW SOCIETY GAZETTE APRIL 2007
hypothetical event” – rather, it is an absolute certainty, The case law is clear that a breach of article 39 may provided the qualifying person complies with the be justified by a member state if the measure terms of the scheme. Another obvious point of complained of pursues a legitimate objective distinction is that, in Graf, the worker would lose his compatible with the treaty and is justified by pressing chance of compensation if he simply left his job or concerns of public interest. However, it was made moved to another company in Austria. The holder of equally clear in ICI that a loss of tax revenue can an SSIA, on the other hand, will have their absolute never be relied upon to justify a restriction on the and guaranteed right to the SSIA uplift revoked only exercise of a fundamental freedom. by leaving Ireland for a prolonged period. (Of course, While the ECJ has held in Bachmann and other LOOK IT UP where the individual has gone to work outside the EU, cases that the need to safeguard the cohesion of the Cases: then there can be no breach of his/her EU rights.) tax system itself may justify rules that are liable to • Dieter Kraus v Land restrict fundamental freedoms, I do not believe that Baden-Wuttemberg Bunch of thyme this justification is applicable to the SSIA scheme. (case C-19/92) However, proving that easy cases also make bad law, In Bachmann, the Belgian state proved that the • FWL De Groot v there is one paragraph of the Graf decision that is deductibility of pension contributions paid to Belgian Staatssecretaris van potentially damaging: “Provisions which, even if they insurance providers was, in effect, funded by the Financien (case C- are applicable without distinction, preclude or deter a taxation of amounts paid out under those contracts. 385-00) national of a member state from leaving his country of As such, the court found that the Belgian state could • Hanns-Martin origin in order to exercise his right to freedom of justify not allowing nationals to deduct pension Bachmaan v Belgian movement therefore constitute an obstacle to that contributions paid to pension companies based in State (case C- freedom. However, in order to be capable of other member states, since the sums eventually paid 204/90) constituting such an obstacle, they must affect access out under those pensions would not be liable to • ICI v HM Inspector of of workers to the labour market.” Belgian tax. Taxes (case C- The court does not explain what is meant by the The ECJ has held, time and again, that in order to 264/96) term “affect access of workers to the labour market”. justify a breach of a fundamental freedom on the • Terhoeve v It cannot be saying that the obstacle itself must be grounds of the cohesion of the tax system, the state Inspecteur van de connected with an employment, as the ‘obstacle’ in must be able to point to a direct link between the Belastingdienst Mr Graf’s case certainly did derive from his benefit being sought (in our case the SSIA tax credit) (case C-18/95) employment. While at first glance, this condition may and the taxation measure that funds that benefit. To • Union royale belge appear to radically limit the scope of the Bosman date, the Irish government has never indicated that des societes de decision, on closer examination it is difficult to see any such measure or relationship exists. football association v how this is so. Jean-Marc Bosman For instance, if the government were to propose a Easy and slow (case C-415/93) scheme whereby any third-level graduate who wished In my view, there is a strong case to be made that the • Volker Graf v to work in another member state had to pay €5,000 residency requirements in the SSIA scheme – to the Filzmoser to the government, that would undoubtedly act as a extent that they will affect an individual who goes to Maschinenbau disincentive to moving to France to work and it would work in another member state – breach article 39. GmbH (case C- consequently affect access to the labour market in While a full forensic analysis of this argument is 190/98) other member states. Similarly, if the government impossible in the space available, the most obvious offered to pay all third-level students €5,000 on defences can, I believe, be refuted. Legislation: condition that they stayed in Ireland for five years Anyone who has gone to work in another member • EU Treaty, article 39 after graduation, that would affect access to the labour state and lost the benefit of the SSIA, but has market; it would certainly act as a disincentive to look continued to pay into their SSIA, should consider for work in other member states. I would argue that making a complaint on the matter to the European the residency requirement in the SSIA is no different Commission. The commission will then investigate to this hypothetical example: it acts as a disincentive the claim (at no cost to the individual), and if they to seeking work in other member states and is, believe that there has been a breach, they will therefore, capable of affecting a worker’s access to the commence enforcement proceedings against the state labour market. (again, at no cost to the individual). Another superficially attractive argument in The Revenue Commissioners themselves would opposition to the case being made in this article is the almost certainly refuse any such claim by simply potential cost of expanding the SSIA. In other words, pointing to the fact that the legislation requires five could the state justify the residency requirement by years of uninterrupted residence or ordinary arguing that it is necessary that the SSIA holders are residence. If it is alleged that the Irish legislation is in revenue-producing workers contributing to the Irish breach of EU law, then the Revenue Commissioners economy. Apart from the fact that the SSIA is not will, quite understandably, want that matter limited to people who are economically active in adjudicated upon by the courts. G Ireland – it can be availed of by anyone over 18, whether working or not – the ECJ case law would not Frank Mitchell is a Dublin-based barrister specialising in support such an argument. taxation.
www.lawsociety.ie 37 LAW SOCIETY GAZETTE APRIL 2007 CONVEYANCING BUY& Profit is the watchword of any business and, in relation SELL to property usiness people have always sought to use of leases and leases of easements. The development, make the greatest gain or most profit management structure is usually dealt with through from their raw materials and the the incorporation of a management company, which this means resources available to them. In relation the developer will retain control of until hand-over getting the Bto property developers, this would mean and which ultimately is intended to come under the gaining the greatest sale price in totality for a control of the several purchasers within the greatest sale completed development. This can either be achieved development. Accordingly, the developer will be price in totality by a small number of very expensive units or a large concerned to achieve two goals: number of less expensive ones. As the local authorities 1) The construction of units that are attractive for for a completed and An Bord Pleanála have increased guidelines sale to purchasers, and development. allowing for greater density of development, most 2) Compliance with all legal and statutory developers now engage in the construction of requirements. Mel Ferguson medium to high-rise apartment developments, where turns the sod appropriate. In order to make these units attractive to In a development consisting solely of apartments, purchasers, the developer must ensure that: historically it was usual for the developer to dispose 1) The management structures that are put in place of the several apartments with the creation of new will work and will not be unduly onerous on any leasehold interests. The obvious benefit and purpose party, which would discourage them from of this was that the burden of the lessee’s covenants purchasing; contained in such leases would pass on to assignees 2) The management structures will survive following of the original lessees, pursuant to section 11 of the completion of the development and the departing Conveyancing Act 1881. Also, once notice of any of the developer; assignment was given to the lessor, the original 3) As long as the developer is ‘on site’, he will be able lessee would be released from the burden of the to control the managed areas and the estate; covenants in the lease. This would assist in the 4) Upon exit from the development, the developer orderly management of an estate. Such leases were, will have no further liability or limited liability only for that reason, historically used in Irish housing MAIN POINTS in relation to the development; and estates. • Commercial 5) The scheme that is set up complies with all However, since 16 May 1978 (the date of conveyancing company and conveyancing law requirements and commencement of the Landlord and Tenant (Ground • Leases and leases is legal and valid. Rents) (No 2) Act 1978), a lease of lands that could of easements be enlarged into fee simple, pursuant to the • Control of the Estate of the nation Landlord and Tenant (Ground Rents) Acts 1967-2004, management Similar to old estate schemes, developers will be shall be void. The act specifically does not apply to company seeking to create common titles within a leases of separate and self-contained flats in development, and this is typically done through the premises divided into two or more such flats.
38 www.lawsociety.ie CONVEYANCING LAW SOCIETY GAZETTE APRIL 2007 PIC: REX FEATURES
Unfortunately, there is no Irish statutory definition the same time, being reasonable enough to be of what constitutes a ‘flat’, although the definition capable of future operation and attractive to contained in England’s Housing Act 1980 would be purchasers. It is not uncommon for the service akin to what we consider to be an apartment or charge for the first year to be subsidised or duplex. It is, in any event, generally accepted that suppressed so as not to scare away purchasers. duplex-type apartments would be considered flats for the purpose of the 1978 act. Accordingly, in the Service with a smile case of houses, the title must be dealt with in one The actual purchasers will ultimately obtain control manner, with the positive obligations (such as those of the management company and the service-charge to pay insurance and service charges) dealt with budget and, at that time, can determine what under a separate leasehold title. Typically, this services they wish to add or cease to provide. In the takes the form of a lease of easement, which is meantime, however, it is in the developer’s interests merely a lease of the several easements you would that the estate is maintained to a high level and, for ordinarily expect in a housing or apartment estate this purpose, may include services that are not (for example, rights of way, wayleaves for services, otherwise desirable. In a mixed-use scheme, it will rights to enjoy common areas) and contains the be important (in order to appear reasonable) that covenants you would usually expect to find in a services that only benefit particular users are only lease. The lease of easements would be greatly paid for by those users, while services that benefit all similar to the apartment leases. As Suzanne are contributed to by all. For instance, internal Bainton pointed out in her article in the March apartment-block services do not benefit 2007 Gazette (p38ff), the law in this regard may be householders and, accordingly, in a mixed scheme, amended on enactment of the Land and only the apartment owners (or, where appropriate, Conveyancing Law Reform Bill 2006. the apartment owners in a particular block) should The covenants to be contained in any lease contribute to those costs. The householders should should be sufficient to pass title and bind lessees to not have any liability to contribute to those costs. It the service charge and management structures. In is always useful to provide a budget with initial draft addition, developers will want to ensure that any documents or brochures identifying to purchasers project-specific conditions contained in a planning the services being provided and how costs are permission (such as how windows are to be dressed apportioned between them. or what works can be undertaken without When a development is being set up, a contract is permission) are specifically repeated as leasehold entered into between the developer and a covenants. management company for the sale of the reversion The service-charge provisions should be drafted in any apartment leases or leases of easements to so as to enable the developer to recover the full cost that management company. Each purchaser within incurred in providing services to the estate, but, at the development would obtain membership of the
www.lawsociety.ie 39 LAW SOCIETY GAZETTE APRIL 2007 CONVEYANCING
management company and, ultimately, when the developer would cease to have his interest in such a LOOK IT UP company, all the purchasers would have equal voting Legislation: rights. In the meantime, however, as there is a • Conveyancing Act 1881, s11 contractual relationship there, the management • Housing Act 1980 (England) company needs to confirm titles to any party • Land and Conveyancing Law Reform Bill 2006 purchasing after the date of the contract for sale to • Landlord and Tenant (Ground Rents) Acts 1967- it – accordingly, the developer would be anxious to 2004 retain control of the management company. This is • Landlord and Tenant (Ground Rents) (No 2) Act done by allowing the developer to have weighted 1978 voting rights. Typically, 30 or 50 votes are retained by each subscriber member, all of whom have been nominated by the developer. This enables the completion of construction. There was previously developer to retain control of the day-to-day concern that stamp duty would arise at ad valorem running of the management company and, in ‘It is in the rates if a developer wished to retain units within a addition, to prevent any demands or proceedings development in which he has been involved – being made against him without his consent. The developer’s another reason why, historically, developers might management company agreement, and typically the interests that have delayed in the hand-over of common areas. apartment leases and leases of easements, may also This concern has been addressed by the Revenue contain a provision that would allow the developer the estate is Commissioners, and structures are now in place immunity from liability in relation to the estate, maintained (and available for download from the Law Society once the transfer of the common areas to the website) to enable titles to undivided units to be management company has been completed. to a high retained without ad valorem stamp duty arising. level’ In addition, developers can retain rights of way Common sense and accesses for possible future development, even The common areas in an estate may or may not be though they might be uncertain as to the details of valuable to the developer. They may have capacity such a development. This form of ‘transfer subject for possible future development or provide access or to reservations’ would be appropriate, except where services to adjoining land. The developer will be there might be future development potential on the anxious to retain control of the common areas until common areas. As Suzanne Bainton mentioned in he is sure that he will not require any services or her article, the National Consumer Agency has easements thereafter. recommended that certain legal obligations be Purchasers, however, will be anxious to obtain imposed on developers (and their solicitors). It control of the common areas, allowing them to be remains to be seen whether these will be adopted ‘masters of their own destiny’ in relation to service into legislation or practice. G charges. Similarly, the developer will be anxious to absolve himself from liability for any defects or Mel Ferguson is a partner in Sheehan & Company, difficulties that might arise as time passes from Solicitors. Portobello College Dublin South Richmond St. D. 2 Beside The LUAS The Law School LLB (Hons) – Irish Law – Day/Evening Law Graduates on a par with NUI and Trinity College Law graduates for entrance to all branches of the legal profession
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40 www.lawsociety.ie PEOPLE AND PLACES LAW SOCIETY GAZETTE APRIL 2007 PIC: JOHN QUIRKE PHOTOGRAPHY
Valentine’s Eve get-together At the Meath Bar Association annual meeting in Navan were (front, l to r): Niamh Tuite, Aine Keenan, Andrew Donnelly, Ken Murphy (director general of the Law Society) Philip Joyce (president of the Law Society), Paul Brady (president, Meath Bar Association), Patricia Houlihan (Secretary of the Meath Bar Association) and Louise Campbell (support services executive). (Centre, l to r): Margaret McCann, Dermot Dempsey, Mary Campbell, Peter Higgins, Adrian Bowen, Oliver Shanley, Daria Fitzsimons, Liam Keane and Audrey O’Reilly. (Back, l to r): Hugh Thornton, Rory Harmon, Michael Keavney, Brendan Steen, Kevin Martin, John Lacy, Pat Cosgrove and Nat Lacy
The green and the white At the Autumn PPCI ball in When’s it due? Leopardstown Pavilion on 16 Neil Rooney and Colm Mullen at Guys and dolls February were trainees Aisling de the Autumn PPCI ball in Staff from sponsors of the Autumn PPCI ball, Maples & Calder, Paor and Lyn Brennan Leopardstown Pavilion including their PPCI trainees
www.lawsociety.ie 41 LAW SOCIETY GAZETTE APRIL 2007 PEOPLE AND PLACES
Mick O’Dwyer makes PALS in Bray Sporting legend Mick O’Dwyer cut the tape for the official opening of the new office of Partners at Law Solicitors in Bray. Also present at the March opening was Dublin GAA footballer Mark Vaughan
Claddagh collection Galway Bar Association held its annual meeting on 14 March in the Galway Bay Hotel, during which President of the Law Society Philip Shiny happy people Joyce, director general Ken Murphy and support services executive Enjoying the convivial atmosphere of the Autumn PPC1 Ball in Louise Campbell met with Galway solicitors and their president, Leopardstown Pavilion on 16 February were (l to r): Louise O’Neill, Elizabeth Cazabon Kara Groarke, Jim Falvey and Gwen Considine
42 www.lawsociety.ie PEOPLE AND PLACES LAW SOCIETY GAZETTE APRIL 2007 PIC: LOUISE BROOKS, BROOKS PHOTOGRAPHY
A long way from Clare to here Clare Bar Association meeting with the president and the director general on Tuesday 13 March last in Ennis. (Front, l to r): Louise Campbell (Law Society), David Casey (president, Clare Law Association), Philip Joyce (president of the Law Society), Sinéad Nunan (secretary, Clare Bar Association), Lorraine Burke (treasurer) and Ken Murphy (director general of the Law Society). (Back, l to r): Sheila Lynch, Gerry Flynn, Donal Creaton, Marina Keane, Catherine Murphy, Rory Casey, Ann Walsh, Michael Houlihan, Mary Nolan, Bernard Mullen, Helen Rackard, Isobel O’Dea and John P Shaw PIC: PHOTOZONE ON THE MOVE Brian Montague A&L Goodbody has appointed Brian Montague as chief executive officer. Brian has joined the firm from Eircom, where he was group human resources director. The firm has 62 part- ners and employs 215 other legal staff. The ‘ayes’ have it! The ‘Waterford Law Society Award Debate’ for legal students took place at the Waterford Institute of Technology Daragh Bohan (WIT) on Wednesday 28 February. (Front, l to r): Dr Albert Keating (senior lecturer, WIT), Morette Kinsella McEvoy (president, Waterford Law Society) and Helen Bowe O’Brien (Waterford Law Society). (Back, l to r): John Goff Partners has (Waterford Law Society), Colm Murphy (winning speaker), Deirdre Adams, Ronan McKeon, Sinead Heffernan, Pat appointed McKee, Mary Scott, Roisin O’Shea, Carol Walsh (all contestants), and lecturers Cyril Cawley and Amanda Hayes Daragh Bohan as partner with responsibility Law school celebrates! for their bank- ing and finan- The law school in Cork celebrated its inaugural ball on 1 March in the city’s Imperial Hotel. The stylish cial services affair was attended by almost 100 trainees. Dinner committee member Finghin O’Driscoll proposed the group. Daragh joins McEvoy toast to mark the auspicious occasion and was ably supported by fellow members PJ Kiely, Sinead Kane, Partners from William Fry. He Leah Nagle, Catherine Anne Butt, Miriam Guinane and Michelle O’Connell. The generous sponsors were Ronan Daly Jermyn, Anglo Irish Bank and Allied Irish Bank. qualified as a solicitor in 1994. John Darby John Darby has been appointed as partner in the corporate divi- sion of McEvoy Partners. John joined the firm in 2005 as an associate. Previously, he was a solicitor with McCann Fitzgerald Broad smiles at the law school’s inaugural ball: Enjoying the inaugural ball were (l to r): Karen Walshe, for ten years. He qualified with Claire Coleman, Sinead Turner and Clare Flavin Diane Reidy, Marianne Quill and Deirdre Treacy a BCL from UCD in 1997.
www.lawsociety.ie 43 LAW SOCIETY GAZETTE APRIL 2007 STUDENT PAGE student spotlight
Moot court team for Washington
he Law Society Jessup International Law. It is TMoot Court team has won sponsored by the international the national finals of the 2007 law firm, Shearman & Sterling Phillip C Jessup International LLP. Law Moot Court Competition. The international finals are They went on to represent judged by celebrated scholars Ireland at the international and practitioners of finals to be held in international law (including Washington DC at the end of judges of the International March. The Law Society team Court of Justice). The students comprises four autumn PPCI represent two fictitious nations students – Nicholas Blake- through written submissions Knox (Arthur Cox), Therese (known as memorials, in line Lyne (A&L Goodbody), with international practice) Cormac O’Culain (Reddy Champion speakers and oral advocacy, in a Charlton McKnight) and Regan O’Driscoll (Matheson Ormsby Prentice), Cormac O’Culain (Reddy hypothetical dispute before the Charlton McKnight), Elaine Dewhurst (coach, course executive, Law Society), Regan O’Driscoll (Matheson Nicholas Blake-Knox (Arthur Cox) and Therese Lyne (A&L Goodbody) International Court of Justice. Ormsby Prentice). The Jessup case this year The trainees worked very singled out as best individual week-long event. has a strong European flavour, hard to achieve their place in speakers at the national The Jessup Moot Court concerning issues relating to the final and fought off stiff rounds. All will travel to Competition is the largest of the powers of international competition in the national Washington DC, with their its type in the world. It is organisations, accession rounds from both Kings Inns coach Elaine Dewhurst (course administered each year by the agreements, diplomatic and Trinity College. Two team executive, Law Society), to International Law Students’ privileges and immunities, and members, Therese Lyne and battle it out against teams Association, in cooperation certain aspects of international Cormac O’Culain, were also from over 80 countries at the with the American Society of trade law. Taxing time for trainees in moot competition
he final of this year’s Justice Nicholas Kearns TTrainee Solicitor Moot (Supreme Court), Mr Justice Court Competition took place Joseph Finnegan (Supreme on 6 March. Aidan O’Reilly Court), Mr Justice Michael (autumn PPCI) and Ciarán Peart (High Court), President Claffey (winter PPCI) for the of the Law Society Philip appellants took on Máire Barr Joyce, Director General Ken (summer PPCI) and Nicholas Murphy and Director of Blake-Knox (autumn PPCI) for Education TP Kennedy. the respondents. After a tense hour of The competition involves rigorous questioning and the presentation of legal heated debate, the judges argument by each student in retired to consider their respect of a fictional case. It verdict. On their return, they affords students an opportunity declared in favour of the to experience and participate in Leader of the band appellants. Máire Barr was a court-type environment and Ciarán Claffey and Aidan O’Reilly receive the moot competition trophy chosen as the best overall to exercise and improve their from Law Society President Philip Joyce advocate. Reserved judgment advocacy skills. This year’s case trainee solicitor who had make IT38s easier to use!) from absentee judge, Stuart related to issues of negligent mishandled the tax affairs of Putting the participants Gilhooly, is expected any day misstatement in respect of a his client. (They really should through their paces were Mr soon. G
44 www.lawsociety.ie BOOK REVIEWS LAW SOCIETY GAZETTE APRIL 2007 books Principles of Irish Torts John Healy. Clarus Press (2006), Griffith Campus, South Circular Road, Dublin 8. ISBN: 1-90553-606-2. Price: €75.
egular readers may recall would be foolish to assume that under this complex, but always Rthat the last time I reviewed practitioners would have no use interesting, aspect of legal a book in this publication for it. In fact, I think the practice. While negligence (Gazette, October 2006, p49), I opposite applies, and many features heavily, as it must do, attracted the ire of the book’s litigation solicitors could learn a such diverse subjects as author after some mild lot by dipping in and out of this defamation, the much less- criticism. It may seem self- extensive coverage of the heralded economic tort, and evident, but book reviews extremely wide subject of torts. trespass to the person are should not slavishly follow what John Healy is a practising examined in depth. As ever, I appears now to be the accepted barrister and a lecturer who, I sought out my favourite subject, practice of extolling only the know, specialises in the area of and the author was not found virtues of the book without any tort law. What we, as busy wanting in his handling of the reasoned criticism of its practitioners, tend to forget is PIAB Act 2003 and the Civil shortcomings. I make no that nearly every personal Liability and Courts Act 2004. apologies for telling readers the injury, defamation, professional course of action, a solicitor All in all, this book will not truth before they spend their negligence, nuisance, trespass to should be sufficiently well- change your practice or your life hard-earned shilling. the person or trespass to land versed to know the likely but it is very good value at €75 All of which means that if a action arises out the commission outcome of that course of action and I guarantee that you will book does tick all the boxes, the of a tort. Perhaps we feel that without having to rely on a learn something. And not just review is at least worth the we don’t need to know what barrister to set them right. that you are glad you have paper it’s written on. And this is creates a cause of action, happy What John Healy sets out to passed your tort exam! G such a book. The publisher very enough to leave that to our do is briefly examine the very fairly indicates that this is colleagues at the Bar. Well, first principles and history of Stuart Gilhooly is a partner in the primarily a student textbook and that’s not good enough. Before tort law and then provide a Dublin law firm HJ Ward &Co that would seem to be its advising any client and chapter-by-chapter analysis of and chairman of the Gazette overwhelming aim. However, it embarking on an expensive each different element arising Editorial Board. Competition Law Anna-Louise Hinds. Thomson Round Hall (2006), 43 Fitzwilliam Place, Dublin 2. ISBN: 1-85800-446-2. Price: €49 (paperback).
wo factors spring to mind The second factor is that the years ago, that he knew nothing Tupon being invited to cornucopia of textbooks now about European Union law. He review this book. First, many comes at a price. Authors are said it almost in a boastful readers may not know that the not willing to provide their manner. Today, he would be in dearth of textbooks in Ireland services (as in the past) for no serious trouble. between the 1930s and 1960s return, and publishers are not We all know the significance was considered to be such a charities. So the prices for of competition law in the serious hindrance to legal textbooks may amount to €300- context of the European practitioners that the 400 each. Community. Many readers will government designated the Law Anna-Louise Hinds’s book on be aware of the decentralisation Reporting Council of Ireland as competition law is an exception. process whereby national existing law on competition in the body in the 1940s to First, it is fairly priced at €49, competition bodies and courts the EC and Irish jurisdictions. remedy the matter. Several but then it does not purport to share the enforcement of the EC The book covers the books were published by the be an exhaustive monograph. Treaty’s competition law fundamental provisions of Law Reporting Council, but On the subject of competition provisions. competition law and the EC there remained a dearth of legal law, I remember one of the most The stated objective of this Treaty, dealing, among other textbooks. Now we have a senior members of the Bar book is to provide a concise but things, with article 81 EC cornucopia. stating, probably around 25 comprehensive overview of the (prohibiting agreements
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restrictive of competition) and addressed in the book: article 81 competition law, enforcement of This book is a timely and article 82 EC (prohibiting an EC (restrictive agreements and EC competition law, overview of welcome synthesis of abuse of a dominant position). practices), article 82 EC Irish competition law, and competition law, a worthy The equivalent provisions of the (prohibition on abuse of a further chapters on Irish law addition to the Essential Law Irish Competition Act 2002 dominant position), EC merger that mirror the provisions of Texts service published by (sections 4 and 5) are also control, state aid and articles 81 and 82. There are Thomson Round Hall. G examined in some detail. competition law, public also chapters on Irish merger The titles of the chapters undertakings, exclusive rights control law and enforcement of Dr Eamonn G Hall is the chief indicate the specific issues and state monopolies in EC competition law in Ireland. solicitor of Eircom. Reflections on Law and History Norma M Dawson (ed). Four Courts Press (2006), 7 Malpas Street, Dublin 8. ISBN: 1-85182-937-7. Price: €55.
his is the latest volume of flow from seeking to setting the scene, the paper The same personality Tcollected discourses to be accommodate diverse opinions begins with a 1910 quote (from ‘snapshot’ of the 17th century is published by the Irish Legal in a single judgment – are the Leader) of Francis (an older offered in Dr James McGuire’s History Society (ILHS) since its obvious”. Such a critique from chip off the same block as our paper, ‘A lawyer in politics: the inauguration in 1988. This such an eminent jurist who was very much still with us Conor) career of Sir Richard Nagle, volume comprises 14 papers, a High Court judge (1979-96) Cruise O’Brien that Healy “had c1636/99’. ten of which were first read at and a Supreme the mind, nay the soul, of a Professor (now emeritus) ILHS meetings and the barrister. Special pleading is Desmond Greer of QUB, other four, on the theme his religion.” Always a another stalwart of the ILHS, of criminal justice, were controversial historical contributes a paper relating to submitted for publication figure, this paper is an the enforcement of the ‘truck by the ILHS. excellent introduction to acts’ in Co Donegal at the very The contributors to this TM Healy in all facets of end of the 19th century - volume are a distinguished his personality and these (so called) ‘truck’ laws group, comprising either character. prohibiting workers/ historians or lawyers (or Prof Osborough’s outworkers/homeworkers being both), who address a varied paper is also a paid in kind rather than in cash. range of topics. The names personality piece about The specific case of Rose Squire likely to be most familiar to the quest for the v Sweeney & Sons of Burtonpoint Gazette readers are former missing last will of and Dungloe and the pressures Chief Justice Ronan Keane, Christopher on the prosecutor to abandon Frank Callanan SC and W Wandesford, who the criminal proceedings is Neil Osborough (emeritus finished his political particularly notable. professor of jurisprudence and and legal career This volume of Reflections is, legal history at UCD). assuming the office like its predecessors, great value Justice Keane’s contribution of Lord Deputy of for any lawyer interested in a concerns the origins of the Ireland in the relaxing and brief escape into constitutional requirement months before his our legal history. Each (found in both article 26.2.2 death in 1640. Prof Osborough contribution can be comfortably and article 34.4.5) that there be Court judge (1996-04, has been a particular stalwart in read at one sitting and in its one judgment only delivered on including as chief justice, 2000- the founding of the ILHS and aftermath the reader is the question of the validity of a 04) is insightful for a number of the sustaining of the quality of rewarded with the warm glow law having regard to the reasons and perhaps of its output. This contribution is of having been immersed in provisions of the Constitution. particular interest to disciples of illustrative of that quality. true scholarship that was at the The paper critically examines the realist school of Wandesford would not be well same time entertaining. The the rationale for that rule – that jurisprudence. known to anyone but the consistently high standard of it enhances the authority of the Frank Callanan’s paper is specialist historian, but Prof the text and footnotes is clearly decision and leads to greater entitled ‘ TM Healy: the politics Osborough’s paper takes one attributable to the editor, Prof certainty – which is not found of advocacy’. Having written right into 17th century Ireland Norma Dawson (QUB), who is particularly convincing by the the most recent seminal through the medium of this also currently a vice-president author in his conclusion that biography of Healy (1996), the story of one man and his lost of the ILHS. G “the negative consequences of author is clearly in his element last testament, thus offering us the rule – the suppression of this more brief look at the man a very readable ‘snapshot’ of Michael V O’Mahony is a former dissenting views and the as a barrister but always an the wider history of that member of the Gazette Editorial unfortunate consequences that essentially political animal. In period. Board.
www.lawsociety.ie 47 . In a solicitor This offence 4 3 The Law Society is under no Where the Law Society disclos- esponsibilities in discharging eport where it is suspected that Where a money-laundering this context, it is only offences that may have been committed by solicitors with which the Law Society is required con- to be cerned. The Law Society’s obliga- tion does not apply to offences that may have been committed by clients of solicitors. obligation to investigate solicitors for the purposes of money-laun- dering reporting or with a view to uncovering suspicious activities. es in good faith information in the course of making a money-laun- dering report, the disclosure shall not involve the Law Society in lia- bility of any kind. ing to solicitors’ anti-money-laun- dering obligations. 5. What are the Law Society’s r the money-laundering reporting obligation? The obligation of the Law Society is to make a money-laundering r a relevant offence has been or is being committed by eport by the Law has been made eport an offence into whether r a person who, knowing or Society, suspecting that such a report has been made, makes any disclo- sure that is likely to prejudice an investigation arising from the r under section 31 or section 32 or an offenceterrorism of financing has been committed shall be guilty of an offence. of prejudicing an investigation is often referred to as ‘tipping-off’. The existence of this offence means that the Law Society must . In the con- misleading information by the solicitor for the purpos- es of sections 32(3) to (5) when required so to do under section 32. Sections 32(3) to (5) are concerned with the taking of measures to establish the identity of persons for whom certain persons and bodies, gener- ally financial institutions and professional advisers concerned with financial, land and business servic- es, propose to provide spe- cific services, principally services relating to finance, land and business. The offence of financing terrorism is provided for under section 13 of the the Law Society?
Criminal Justice (Terrorist Offences) Act 2005 eportbe required might also in elation to a suspected breach of text of the Law Society’s reporting obligation, the offence of financ- ing terrorism involves the solicitor unlawfully and wilfully providing, collecting or recovering funds, intending them to be used, or knowing that they will be used, in whole or in part carry to out spec- ified terrorism-related activities. 4. What types of activities might give rise to a money-laundering by report In practice, any suspected crimi- nal activity involving identifiable proceeds of criminal conduct, including tax evasion and mort- gage fraud, on the part of a solic- itor might give rise to a money- laundering report by the Law A money-laundering Society. r r the provisions of section 32 relat- solicitor of section 32, which deals with measures to be taken by practising solicitors to prevent money laundering and the offence of financing terrorism (nam- identification meas- ely, ures, identification evi- dence retention, and estab- lishment of internal proce- dures, instructions and training); or the offence of money launder- ing. In the context of the Law Society’s reporting obligation, the offence of money launder- ing requires that the solicitor knew or believed or was reck- less as to whether the proper- ty in question represented the proceeds of criminal conduct. Society’s reporting obligation, an offence 32 is: under section i) The contravention by the ii) The provision of false or egardlessof the amounts ospectively with the benefit of involved. 3. What offences does the money-laundering reporting obli- gation cover? a) An offence under section 31 is b) Again, in the context of the Law foundation. Whether or not therefoundation. Whether or was a factual foundation for a suspicion would be tested at the time when the suspicion was formed. ret- It would not be tested r hindsight. Suspicion does not have to have a basis in admissi- ble evidence. It can legitimately take into account matters that should be excluded in the trial of a case in court. There are no financial thresholds specified and the obligation to report applies r NOTICE TO ALL PRACTISING SOLICITORS NOTICE TO ALL APRIL 2007 APRIL notes Section 32 MONEY-LAUNDERING REPORTING BY THE LAW SOCIETY: REPORTINGMONEY-LAUNDERING BY THE LAW 1 Criminal Justice Act In a situation where sec- or an offence of financing 2 1. What is the Law Society’s 1. What is the Law money-laundering reporting obli- gation? Where Society suspects the Law that an offence under section 31 (see paragraph 3(a) below) or sec- tion 32 (see paragraph 3(b) below) of the espect of a suspected offence elation to these offences, the terrorism has been or is being committed by a solicitor, the Law Society is obliged by law to report that suspicion to the Garda Síochána and the Revenue Commissioners. tion 32 does not apply to a solici- the obligation on the Law tor, Society to report in respect of a suspected offence under section Whether or not 32 does not apply. section 32 applies to a solicitor has no bearing on the obligation of the Law Society to report in r under section 31 or a suspected offence of financing terrorism: in r obligation to report applies regard- less of the nature of the work in which the solicitor is involved. 2. What constitutes suspicion for the purpose of the money-laun- dering reporting obligation? There is no definition of ‘suspi- cion’ in the legislation. The suspi- cion is not required to be a rea- sonable one. Suspicion requires a lesser factual basis than belief, but it must have some factual 1994 www.lawsociety.ie LAW SOCIETY GAZETTE practice applies to a practising solicitor when acting in connection with cer- tain categories of transactions, generally those relating to proper- business entities, financial ty, assets, securities, companies and trusts.
BRIEFING 48 BRIEFING 49 Capital Criminal Criminal . John Elliot, Practitioners are referred to APRIL 2007 APRIL . In this prac- . section 46 of the Trusts Committee www.lawsociety.ie (as amended) in Director of Regulation Accordingly, it would appear Accordingly, Registrar of Solicitors and Conveyancing Committee held to be a ‘reviewable disposi- tion’ within the meaning of those two sections. that a spouse’s consent and the usual supporting statutory decla- ration should be sought whenever any person who is married enters into an option to sell any interest in land. Probate, Administration and 32) Regulations 2003 April 2007. Criminal Justice Act (Section th lation to lodgment of corrective tice note, a reporttice note, a made pur- Law Society’s suant to the section 57(2) obligation under is referred to as a ‘money-laun- dering report’. the 2 of the schedule to, Justice Act 1994 Justice Act 1994. group in relation to the matters set out above. Submissions should be confined to these matters. The deadline for receipt of submissions is 12 Thursday, espect of their obligations in affidavits. r re Act 2003 4 Section 58(2) of the 2 3 of, and paragraph Regulation Acquisitions Tax Consolidation 3 Section 57(7) of the Justice Act 1994 LAW SOCIETY GAZETTE [email protected] Family Criminal and sec- All submissions received will be subject to the Act, provisions of the Freedom of Information 1997, as amended. Family Law Act Section 57(2) of the Therefore, a when submitting It would also appear that an eport prescribed in form to the of an internal money-laundering r Solicitors. This reportRegistrar of to the Money- is then submitted Laundering Reporting Committee, case which decides in each whether or not a money-launder- ing report should be made to the Garda Síochána and the Revenue as Commissioners. In practice, suspicion might be expected, any during an is most likely to arise deal- accounts inspection or when a solic- ing with a complaint about itor. Footnotes 1 that such material errors or omis- sions have taken place will the corrective affidavit be accepted. corrective affidavit (in duplicate), the solicitor should provide doc- umentary evidence of such material error or omission with the affidavit. Or emailed to: to the prospective purchaser. option would fall within the defini- tion of a ‘disposition’ (being any disposition howsoever made, other than a disposition made by a will or codicil) within the mean- ing of section 37 of the , and therefore liable to be 1995 Law (Divorce) Act 1996 tion 35 of the material errors in the original as are necessary for the purposes of Appeal, and establishing such a Court of appropriate for the purposes of ensuring in the practice and pro- greater efficiencies cedures of the Superior Courts. (c) make such other recommendations as are The Group now invites written submissions from any interested person, organisation or Ms. Helen Priestley, Working Group on a Court of Appeal, Courts Service, Group on a Court of Working Ms. Helen Priestley, . mittee is a stand-alone com- mittee is a If a spouse does not consent to eporting obligation in practice? eports Council of the Law Society (on a Council of the basis’) on the per- ‘no-names formancesuch obligations. The of ReportingMoney-Laundering Com function mittee with the sole of making money-laundering r The Law Society has an internalThe Law Society has an procedure whereby suspicion that a money-laundering offence or an offence of financing terrorism has by a been or is being committed solicitor requires the submission 7. How does the Law Society 7. How does the Law meet the money-laundering r ers, which is being enforced, is to seek evidence of or omissions affidavit discovered subsequent to the lodgment of that affidavit. Only where the Rev- enue Commissioners Affidavits Section is “satisfied on the basis of documentary evidence etc” including equitable interests) or, “an enforceable alternatively, agreement (whether conditional or unconditional) to make any such conveyance”. an option for the sale of a family home and, following the exercise of the option, refuses to consent to the subsequent contract for sale, the option will be of no value Irish , paragraph ate, Administration 15/24 Phoenix Street North, Smithfield, Dublin 7. Tel: (01) 8886462 15/24 Phoenix Street North, Smithfield, Dublin 7. Tel: ob CORRECTIVE AFFIDAVITS: REVENUE COMMISSIONERS’ POLICY CORRECTIVE AFFIDAVITS: Submissions in writing can be forwarded to: Pr
option to purchase land AMILY LAW CONSIDERATIONS IN RESPECT OF OPTION AGREEMENTS IN RESPECT CONSIDERATIONS LAW AMILY general Court of Appeal for the purposes general Court of of processing certain categories of appeals from the High Court , being a “conveyance” of an n passes an equitable interest
Family Home Protection Act F he and Trusts Committee is and Trusts The committee would like to INVITATION FOR SUBMISSIONS:INVITATION Working Group on a Court of Appeal (b) such legal changes address and consider The Government has established a Working Group under the chairmanship of the Honourable Mrs. Justice Susan Denham, Judge of the Supreme Court, to: (a) review and consider the necessity for a eporting procedures. emind practitioners that the poli-
T A 1976 6. What is the role6. What is Law of the Society’s Money-Laundering Reporting Committee? a Money- The Law Society has Laundering Reporting Committee, which carries out the functions money- generally vested in the laundering reporting officer in other organisations with money- laundering reporting obligations. reportingThe money-laundering Society obligations of the Law this com- have been delegated to mittee with a duty to report to the ensure a high standard of confi- administering its dentiality in r r cy of the Revenue Commission- aware that, in a growing number of cases, the Revenue Commis- sioners are refusing accept to corrective affidavits (Form CA26). in the property to the prospective purchaser (Wylie and Woods, “interest” (defined in the act as the the definition of ‘conveyance’ in clear that an option comes within 8.04). Accordingly, it would seem 8.04). Accordingly, Conveyancing Law , , , , . Code Gazette Committee European . International Code , International Bar Guidance and Ethics , CCBE, 1999. This . SI No 226 of 1986. Directive on Establishment lations 1986 (Lawyers) Regulations 1979 (Lawyers) (Amendment) Regu- dom to Provide Services) dom to Provide Services) the European Community the European Community European Communities (Free- European Communities (Free- (98/EC), article6(1) and article 7. International Code of Ethics Code of Conduct for Lawyers in Code of Conduct for Lawyers in 1981 the activities the lawyer pursues the activities the lawyer in its territory. Footnotes 1 code of conduct was originally adopted in the CCBE plenary session held on 28 October 1988, and subsequently ple- amended during the CCBE naryon 28 sessions November 1998, 6 December 2002 and 19 May 2006. See appendix 2. of Ethics (Amendment) Regulations Association, 1988, rule 19. See appendix 3. ‘Foreign Agents Fees 50,000 – You Pay’, Practice Note, Provide Services) (Lawyers) Communities (Freedom to Lawyers of Conduct for European 2 International Bar Association, 1988. See appendix 3. April/May 1996. (EEC). SI No 58 of 1979. SI No 197 of 1981. CCBE, 1999, clause 5.9. See appendix 2. CCBE, 1999, clause 5.7. See appendix 2. 5 EU 4 Directive Council No 77/249 3 cov- , which 4 Directive on Directive on Services Directive on Services 11.6 EU In December 1998, the EU adopt- ed a directive, referred to as the Establishment Directive 11.5 EU The EU The directive deals with the Establishment When engaged in activities elating to the representation of aims to facilitate a lawyer from one member state practising on a permanent basis in another mem- ber state. matter of rules of professional conduct. It provides that a lawyer practising under his home state professional title in a host state shall be subject to the same rules of professional con- duct as lawyers practising under the relevant professional title of the host state in respect of all ers a situation whereers a situation a lawyer with an office established in one state) member state (the home provides legal services in another (the host state) on an occasional or temporary without actu- basis ally establishing an office there. r a client in legal proceedings or before authorities, the public ruleslawyer is subject to the of professional conduct of the host activi- state. In pursuing other lawyer is sub- the ties, however, ject to the rules of professional conduct of the home state, but without prejudice to respect for the rules of the host state. The latter’s rules are applicable only if they are capable of being observed by the lawyer and the extent to which their observance is “objectively justified to ensure, in the state, the proper exercise of a lawyer’s activity, the standing of the profession and respect for the rules con- cerning incompatibility”. person- 3 LEGAL SUPPORT SERVICES SUPPORT LEGAL & VALUERS LICENSED AUCTIONEERS 1 ● ● PERSONAL ATTENTION ASSURED ATTENTION PERSONAL . The alternative is ENVIRONMENTAL & AGRICULTURAL CONSULTANTS & AGRICULTURAL ENVIRONMENTAL to pay all fees reason- Both codes have as their basis Both codes have as their unless there has been an 2 of member states other than the of member states other profes-lawyer’s own, and (ii) the in a sional activities of the lawyer his or member state other than lawyer her own, whether or not the is physically present in that mem- ber state. conduct the principles of good common to all lawyers. eaching a settlement of the mat- 11.4 Foreign agents’ fees A solicitor who instructs a lawyer outside the jurisdiction is ally liable ably and properly incurred by that lawyer express agreement that the solicitor is not to be made per- sonally liable for the solicitor to advise the client to employ a foreign lawyer directly and to give assistance to the client in locating a lawyer. 11.2 Relations between lawyers 11.2 Relations between A solicitor should recognise all other lawyers as professional col- courte-leagues and act fairly and ously towards them. 11.3 Complaints against lawyers in another jurisdiction A solicitor should not commence any form of proceedings against any solicitor/lawyer in another jurisdiction concerning a matter of professional conduct without first informing to the bar or law society which the other lawyer belongs, for the purpose of allowing that body an opportunity to assist in r if a settlement is However, ter. not reached within a reasonable period, the solicitor may institute such proceedings as he deems necessary. This recommendation is subject to the client’s position not being prejudiced by this pro- cedure. APRIL 2007 APRIL GUIDE TO CONDUCT – INTERNATIONAL PRACTICE – INTERNATIONAL TO CONDUCT GUIDE A Guide to THLEAGUE, ROSCOMMON THLEAGUE, A International Code Phone: 09066 63304 edition), deals with nd was adopted in 1999 LARKIN (2 y solicitors arey solicitors now , the most recent edition ,
an internationalinvolved in The current code of the CCBE, This section has recently been The International Bar Lawyers The Code of Conduct for European M P. practice to some extent. The Law practice to some Society publication, and is recognised as the expres- sion of consensus of all the bars and law societies of the EU and the EEA on the rules that apply to lawyers from the EU and the EEA in carrying on cross-border prac- tices, including in respect of: (i) all professional contacts with lawyers of which dates from 1988, pro- vides a basic code of ethics to guide lawyers when undertaking professional work outside their home jurisdictions and when pro- viding services to or requesting services from lawyers in other jurisdictions. eviewed and updated with the eviewed and updated elevant not only in national prac- of Ethics www.lawsociety.ie in Ireland LAW SOCIETY GAZETTE the matter of conduct in interna-the matter of conduct in tional practice. r of the assistance of the members EU and International Affairs Committee. This is published of solici- below for the assistance tors. 11.1 Relevance for all lawyers Proper professional conduct is r tice but also in international prac- tice. Solicitors in this jurisdiction have contact through their prac- tices with lawyers in other juris- dictions. Proper conduct in these situations has been outlined in codes adopted by the International Bar Association and by CCBE, the association of bars and law societies of Europe. Association’s Professional Conduct of Solicitors
BRIEFING 50 BRIEFING 51 is not superi- and John Elliot, Solicitors Solicitors APRIL 2007 APRIL Solicitors Act www.lawsociety.ie are to those sub- Director of Regulation specialist knowledge are not made, and or to other solicitors claimed, and ments relating to advertise- ments, including the restric- injurytions on personal advertising, are complied with. of section 71 of the Solicitors (Advertising) and regulation 4(a)(v) Solicitors (Advertising) ing specialist knowledge in any ing specialist area practice provided of law or that: 1) of False or misleading claims 2) Specialist knowledge 3) All other mandatory require- Footnotes 1 All references to subsections Registrar of Solicitors and tions 71(2)(h) and (i) of the 7(2)(e) of the Regulations 2002. Solicitors Act 1954 Regulations 2002. of the 1954 sections as substituted by section 4 of the (Amendment) Act 2002. Act 1954 egulations 4(viii) and (ix) of r the 3 As provided by subsec- for 2 As provided for by subsection 150 or more. www.calcuttarun.com € LAW SOCIETY GAZETTE www.calcuttarun.com Here is the third four weeks’walk/jog programme brisk APRIL WEEK 9, 9 1.2. 10 min 20 min, jog 5-7 min, walk Walk 3. 15 min 20 min, jog 5-7 min, walk Walk APRIL WEEK 10, 16 15 min 25 min, jog 7 min, walk Walk 1.2. Jog 5 min, walk 25 min, jog 5 min 3. Jog 5 min, walk 25 min, jog 7 min APRIL 23 WEEK 11, walk 10 min 20 min, jog 10 min, Walk 1.2. 30 min, jog 10 min Walk 3. Jog 10 min, walk 30 min, jog 5-7 min APRIL WEEK 12, 30 Jog 10 min, walk 30 min, jog 5-7 min 1.2. Jog 10 min, walk 30 min, jog 10 min 3. 60 min Walk Always make sure you are warmed up before you jog! walk 10 min 30 min, jog 10-12 min, Walk If any information to comes In summary, a solicitor may egarding advertisement an equirements relatingadver- to egulatory or disciplinary action 250k so your target is the attention of the Society r alleged or appearing to make a false or misleading claim for a solicitor of specialist knowledge in any area of law or practice, or to claim specialist knowledge superior to other solicitors, or to breach any other mandatory r tisements, where appropriate, the matter will be investigated by the Society and, where appro- priate, following investigation, r may be taken, which may include the issue of a reprimand or referralthe Solicitors to Disciplinary Tribunal. publish advertisements claim- only, ‘company law’, ‘family ‘company law’, only, ‘proper-law’, ‘personal injuries’, ty law’), the words descriptive of any particular category of legal services or any particular area cate- of law to which any such gory of legal services relates shall not be given prominence (whether by way of appearance, over size, context or location) the words descriptive of any other category of or categories legal services or over the name and address of the solicitor con- tained in the advertisement. € Solicitors Solicitors Solicitors Act , and 2 Saturday 26th May 3 and the is breached and, in equirements relating to Such assertion does not include any assertion that is such specialist knowledge other superior to that of solicitors r advertisements provided for to by subsections 71(2) (10) of the Attention is also drawn to contravening these provisionscontravening provided that: 1) 2) None of the other mandatory Fun run/walk at Blackhall Place Fun run/walk Blackhall at 2002 particular, that the prohibi- tion on advertisements which are false or misleading in any respect is not breached. 1954 (Advertising) Regulations estrictions on personal injury egulation 11(b) of the The attention of solicitors is par- ticularly drawn to the fact that the permitting of specialist advertising in no way dilutes the r advertising. which, in summary, provides that where an advertisement includes factual information on the legal services provided by a solicitor or on any areas of law to which those services relate (such as, by way of examples r (Advertising) Regulations 2002, 1 pro-
Solicitors This will go a long way towards helping homeless children in Calcutta and Dublin.
ADVERTISING SOLICITORS TO ALL NOTICE SPECIALISMS: similarly provides Hope the training is going well! Sponsorship cards are available from or from your firm’s representative. Remember, our target is representative. Remember, or from your firm’s egarding the designa- r ction 71(2)(d) of the ction 71(2)(d)
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CALCUTTA RUN 2007 RUN CALCUTTA ubse Solicitors Act 1954 Regulation 4(a)(iv) of the Regulation 4(a)(iv) of Solicitors should note that an Both subsection 71(2)(d) and tions 2002
Solicitors (Advertising) Regula- S
egulation 4(a)(iv) make refer- PIC: CIAN REDMOND advertisement that contains an express or implied assertion that the solicitor has specialist knowledge in any area or law or practice will not be regarded as tion of solicitors as having spe- cialist knowledge. No such regu- lations have been made. r ence to regulations under sub- section 71(8) of the that an advertisement intended to publicise or otherwise pro- mote a solicitor in relation to the solicitor’s practice shall be in such a form as shall not contain an express or implied assertion by a solicitor that he has spe- cialist knowledge in any area of law or practice superior to other solicitors. Act 1954 vides that a solicitor shall not vides that cause to be pub- publish or lished an advertisement that contains an express or implied assertion that the solicitor has any areaspecialist knowledge in is supe- of law or practice which rior to that of other solicitors. the ’) must be 28 February 2007 This practice direction replaces ports or official websites of the al conventions, decided cases or al conventions, decided extracts from text books or learned journals, intended to be relied upon by either party during the course of the oral arguments (referred to in this direction as ‘ book of authorities or partylodged by the appellant having carriage of a case stated as receiptsoon as possible after the by him of the written submissions of the respondent. b) should, as far as Authorities practicable, be from the official re court concerned, including those of the Court of Justice of the European Communities. c) It is not necessary to lodge copies of authorities in support of well-established principles of law that are not in dispute between the parties (for example, those relat- ing to the presumption of the con- stitutionality of an act of the Oireachtas). Authorities should be limited to those on which counsel intend to rely or referin the to course of submissions, written or oral. d) Where it has not been possible for the appellant or party having carriage of the case stated to agree the contents of the book of authorities with the other party or parties, a certificate to that effect must be annexed to the book of authorities. 9. For mention date The appeal or case stated will be listed for mention on the Thursday of the penultimate week before the date fixed for hearing for the pur- pose of confirming that the written submissions, book of authorities and, where applicable, transcript index and documents index, have been lodged as required by this direction. the direction dated 23 April 2002 and will take effect from 12 March 2007. John L Murray, Chief Justice, four one week after issue. before the hearing date. equired, the documents index is cate of readiness will be issued by the office to the appellant. The cer- tificate must be returned promptly to the office and not later than three weeks b) The solicitors for the appellant or party having carriagea case of certificatestated shall not sign the of readinessin relation to the wherebooks of appeal unless, it is r annexed to the certificate. 7. Submissions a) a date for the hearing of When an appeal or case stated is allo- cated, unless alternative direc- tions are given on foot of a specif- ic application to the court by any of the parties in that regard, written submissions must be lodged in the office of the Supreme Court by the appellant or party having carriage of a case stated not later than weeks b) respondents’ The submissions are to be lodged within thereafter. c) In addition to written submis- sions being lodged in the office of the Supreme Court, electronic copies should be transmitted to the court at the following email address: supremecourtsubs@ courts.ie. The subject of the email should contain the name of the case. d) Submissions should be served on all other partiesto the appeal and transmitted prior to or on the date of lodgment of the submis- sions in the office. e) Parties who are not profession- ally represented are not required to provide written submissions but may do so if they wish, by serving and lodging submissions in written form. 8. Books of authorities a) An agreed book containing any authorities taking the form of cita- tions from the Constitution, statutes, statutory instruments, treaties, directives and regulations of the European Union, internation- the ’) indi- ’) specifying pre- four weeks the transcript index eports, maps and photographs, eferred to in affidavits should be documents index cisely the exhibits to which it is intended to refer during the course of the oral submissions. b)documents index must iden- The tify the exhibits clearly – for exam- ple, c) in evidence at Exhibits adduced example, medical the trial, for r the books must also be included in of appeal. d) Exhibits relevant to the appeal r indexed by reference to content number or and not only by exhibit letter. 4. Documents index a) In any case where more than ten documentaryexhibits are lodged, the books of appeal must also be accompanied by a list (referred to in this direction as ‘ PRACTICE DIRECTION PRACTICE letter from James O’Brien to ‘ As soon as all necessary Anne Murphy dated 10 January 2007’ – and not solely by refer- ence to exhibit numbers and letters. c) These exhibits must be lodged in a separate book with the other books of appeal. index 5. Transcript a) In accordance with long-stand- ing practice, a transcript of legal argument is not required or neces- sary (except and only insofar as there is a specific issue as to what took place at the hearing). b) In any case where more than one volume of transcript of evid- ence is lodged with the appeal, the appellant must lodge a document (referred to in this practice direc- tion as ‘ cating precisely the volumes of transcript and pages thereof to which it is intended to refer during the course of the oral submissions. c) The transcript index must be lodged not later than before the hearing date. 6. The certificate of readiness a) papers have been lodged, a certifi- APRIL 2007 APRIL espondent or other party is under equired for the late service or PRACTICE DIRECTION OF THE CHIEF JUSTICE: APPEALS AND CASES STATED AND CASES APPEALS JUSTICE: OF THE CHIEF DIRECTION PRACTICE 1. The appeal process1. The appeal a) appellant or other party The hav- ing carriage of proceedings before the Supreme Court is under an obligation to ensure that all steps in the proceedings before the court are taken within a reason- able time or the time prescribed by any rule or practice direction. A r a similar obligation in relation to proceed-steps to be taken in the Any partyings by him or her. who is affected by a delay by another party in taking steps in proceed- ings before the court should, if the delay cannot be resolved by agree- ment between the parties, make such application to the court as may be necessary within a reason- able time. b) Failure to comply with a practice direction of the court may affect the issue of costs. c) If, for any reason, due to settle- ment between the parties or other- wise, an appeal is not being pro- ceeded with, the appellant should promptly inform the office of the Supreme Court. 2. Notice of appeal a) Where an extension of time is r lodgment of a notice of appeal, the consent of the intended respon- dent to such extension should first be sought. Consent should not be withheld where there are no signif- icant grounds for doing so. b) The grounds of appeal should be set out clearly and succinctly. Unnecessary repetition or the inclusion of alternative versions of the same point of appeal should be avoided. 3. Books of appeal a) All documents in the books of appeal must be legible and com- plete. Care should be taken to ensure that pages are not partially or entirely omitted in the course of copying. b) Only documents relevant to the appeal should be included. www.lawsociety.ie LAW SOCIETY GAZETTE
BRIEFING 52 BRIEFING 53 19/2/ Com- Appoints Childcare Act Childcare 19/2/2007 Appoints 1/3/ APRIL 2007 APRIL Establishes the 13/3/2007 www.lawsociety.ie SI 61/2007 SI 64/2007 7/2007 , and 77. 2007 Date enacted: Commencement date: 2007 for section 10; com- 2007 for section 10; to be mencement order(s) (ss1- made for all other sections act) 9, 11) (per s11(3) of the (Commencement) Order 2007 Accounting) Act 2003 (Commencement) Order Agency Act 2007 Companies (Auditing and Number: Contents note: 2007 as the commencement date for section 37(a), (b), (c) National Oil Reserves Agency (NORA) plc on a statutory basis, under the aegis of the Minister for Communications, Marine and Natural Resources, with responsibility for the main- tenance of strategic supplies of oil- oil in line with the state’s stockholding obligations to the EU and the International and provides Energy Agency, for related matters. Date enacted: Commencement date: mencement order(s) to be made (per s1(2) of the act) SELECTED STATUTORY INSTRUMENTS Children Act 2001 Number: Contents note: 1/3/2007 as the commence- ment date for all sections of the act not already in operation, other than sections 7(1)(a), 10(2), 13(2), 16, insofar as it relates to the insertion of sec- tion 23D of the 1991 National Oil Reserves Number: Contents note: (as and Com- 22/2/ Health Health LAW SOCIETY GAZETTE Nursing , amends Health Act and conse- Provides a 5/3/2007 Amends the (SI 227/1993). 22/2/2007 Health (Nursing 1/2007 3/2007 Health (Miscellaneous and revokes the (SI 227/1993). ) to repeal the three-year Nursing Homes (Subvention) to provide for the establish- to provide for the a single ment and operation of electric- competitive wholesale island of ity market on the and pro- Ireland and its islands, vides for related matters. Dated enacted: Commencement date: mencement order(s) to be made (per s1(2) of the act) (Amendment) Act 2007 (Amendment) Act 2007 Homes (Subvention) Regulations 1993 the Regulations 1993 Amends the Homes) Act 1990 quentially repeals section 3 of the Provisions) Act 2001 schedule 7 to the 2004 Health (Nursing Homes) Number: Contents note: statutory framework, in pri- mary legislation, for the Nursing Home Subvention Scheme, which was introduced in 1993 on foot of the (Nursing Homes) Act 1990 Health Insurance Number: Contents note: Health Insurance Act 1994 amended by the Insurance (Amendment) Act 2001 exemption from risk equalisa- tion for new entrants to the health insurance market and to confirm that a risk equalisation scheme shall apply to regis- tered undertakings and to such undertakings that have ceased to be registered undertakings. Date enacted: Commencement date: 2007 to 7/3/ shall be Amends the ) to provide Amends the Criminal Law 7/3/2007 Child Trafficking 5/2007 6/2007 or (b) referred to in by the substitution of or (b) under section 2 Criminal Law (Rape) legislation update legislation Electricity Market) Act 2007 (Amendment) (Single Electricity Regulation Number: Contents note: Electricity Regulation Act 1999 (Amendment) Act 1990 guilty of an offence, and pro- vides for related matters. Amends the and Pornography Act 1998 Contents note: Offences) Criminal Law (Sexual Act 1993 6 a new section for section of the (inserted by section 250 Act 2001 Children or that a person who solicits or importunes a child (whether not for the purposes of prosti- tution) for the purposes of the commission of an act that would constitute an offence (a) under sections 2 and 3 of the Criminal Law (Sexual Offences) Act 2006 section 2 of the (Rape) (Amendment) Act 1990 shall be guilty of an offence. The new section 6 also pro- vides that a person who solicits or importunes a person who is mentally impaired (whether or not for the purposes of prosti- tution) for the purposes of the commission of an act that would constitute an offence (a) under section 5 of the Criminal Law (Sexual Offences) Act 1993 of the provide for the offence of meeting a child or travelling to meet a child for the purpose of doing anything that would constitute the sexual exploita- tion of the child. Date enacted: Commencement date: 2007 Number: 5/3/ 21/2/ in order to Amends the Amends the 5/3/2007 21/2/2007 4/2007 2/2007
, as amended, to provide
2007 Offences) (Amendment) Act
(Amendment) Act 2007 18 January – 20 March 2007 Criminal Law (Sexual Number: Contents note: Courts and Court Officers Act 1995 for an increase in the number of judges of the High Court, the Circuit Court and the District Court. Date enacted: 2007 Courts and Court Officers Commencement date: Citizens InformationNumber: Act 2007 Contents note: Comhairle Act 2000 extend its functions to the pro- vision, among other things, of a personal advocacy service specifically aimed at people with disabilities. Changes the name of Comhairle so that it shall be known, in the English language, as the Citizens in the Information Board or, Irish language, as An Bord um Fhaisnéis do Shaoránaigh. Date enacted: 2007 for section 3 (change of name of board from Comhairle to Citizens Information Board); commencement order(s) to be made for all other sections (per s10(3) of the act) Commencement date: ACTS PASSED Details of all bills, acts and Details of all bills, since statutory instruments cata- 1997 are on the library logue – www.lawsociety.ie area) (members’ and students’ – with updated information a bill has on the current stage reached and the commence- act. ment date(s) of each (per 3/3/ Official Implement Give further These regula- Iris Oifigiúil SI 21/2007 SI 49/2007 SI 50/2007 ). Provide for the cer- First Company Law of the EU. Regulations 2007 Regulations 2007 Liability Company) Regulations 2007 Utility Undertakings) (European Public Limited- (Companies) (Amendment) (Award of Contracts by Number: Contents note: tions, together with SI 22/2007, give full effect to reg- ulation (EC) 2157/2001 on the statute for a European compa- ny (SE). The text of regulation Number: Contents note: effect to directive 2003/58/EC amending directive 68/151/ EEC ( Directive tification of electronic copies of company documents and par- ticulars obtained from the Companies Registration Office. Provide for the volun- tary filing of certified transla- tions of company documents filed obligatorily in Irish or English. Extend existing infor- mation disclosure require- ments concerning letters and order forms to such communi- cations in electronic form and to company websites. European Communities Number: note: Contents European Communities European Communities amended directive 2004/17, as govern- by directive 2005/51, award- ing the procedures for services ing works, supplies and enti- contracts by contracting water, ties operating in the and postal transport energy, the stan- services sectors and by these dard notices to be used pub- contracting entities when lishing notices in the Journal Commencement date: 2007, the day after the date on which the publication of this SI was notified in regulation 1(2) of the regula- tions) ’, in shall be Provide that Appoints 30/ District Court (SI 93/1997) to SI 38/2007 SI 39/2007 European Communities District Court Rules 1997 Mental Health Act 2001 2007 Regulations 2007 2% with effect from 1/6/2007, 2% with effect effect from 2.5% with 2.5% with effect 1/3/2008 and from 1/9/2008. (Commencement) Order (Commencement) (Amendment) Act 2006 (Amendment) Act 2006 . European Communities Number: Contents note: 1/2007 as the commencement date for the act. European Communities Number: Contents note: the (Amendment) Act 2006 deemed to have been in opera- tion between 1/1/2007 and 29/1/2007. (SI 93/1997) to provide procedures and . 27/3/2007 ’, to provide procedures and forms for an , and sec- District Court Rules 1997 21/2/2007 2/4/2007 Substitute a new order 53A of the Provide for Amend order 100 of the Substitute a new form (bench warrant 22.2 on foot 22/3/2007 Insert a new order 84A, ‘ (SI 93/1997) to facilitate maintaining records elec- Mental Health Act 2001 SI 82/2007 SI 97/2007 SI 19/2007 SI 73/2007 SI 41/2007 Children Act 2001 Children Mental Health Act 2001 District Court Rules 1997 (SI 93/1997) by the insertion of a new rule 6, ‘Appeals under the Mental Health Act 2001 District Court (SmallNumber: Claims) RulesContents note: 2007 District Court (MentalNumber: Health) RulesContents note: 2007 District Court (MentalNumber: Health Appeals)Contents note: Rules 2007 District Court (BenchNumber: Warrants) RulesContents note: 2007 of a summons) in the far as these parts are not already far as these other than section in operation, as it relates to the 132, insofar of insertion of section 76A(1)(c) the tion 144. 2007 (Amendment) Regulations Criminal Justice (Legal Aid) Number: Contents note: payable an increase in fees Scheme under the Legal Aid to solicitors for attendance and in the District Court Circuit for appeals to the Court, and for an increase to solicitors and barristers in respect of essential visits to prisons and other custodial centres (other than garda sta- tions) and for certain bail applications, as follows: 3% with effect from 1/12/2006, tronically rather than by manual small claims register. Commencement date: appeal by a registered proprietor of an approved centre against a decision by the Mental Health Commission under section 65(1) of the Commencement date: forms for applications under section 25 (‘Involuntary admission of chil- dren’) of the Commencement date: Rules 1997 provide a recital that it is being issued in respect of a date other than the return date, where applicable. Commencement date: APRIL 2007 APRIL the , inso- , inso- . Criminal Appoints Appoints Appoints Companies Companies Children Act Children which allows ’) and part 13 in relation to the SI 65/2007 SI 25/2007 SI 52/2007 . Section 37 amends sec- . Section 37 . Appoints 1/3/2007 as the Order 2007 2007 ment) Order 2007 (Commencement) (No 2) (Commencement) Order (Section 13) (Commence- Number: Contents note: 20/2/2007 as the commence- ment date for section 148 of the Criminal Justice Act 2006 far as it relates to the insertion of subsections (1) and (9) of sec- tion 159B of the Criminal Justice Act 2006 2001 commencement date for part 12 (ss120-158, ‘Amendment of Act 2001 Children Criminal Justice Act 2006 Number: Contents note: (ss159-166, ‘Anti-social behav- iour by children’) of the Criminal Justice Act 2006 12/2/2007 as the date on which a provision of the Evidence Act 1992, 1/2/2007 as the commence- ment date for part 14 (ss167- 175, ‘Criminal law codification advisory committee’) of the Criminal Justice Act 2006 Number: Contents note: a witness to give evidence through a live television link in cases involving physical or sex- ual abuse, comes into operation for the District Court sitting in District no 8 and for the Circuit Court sitting in the South Eastern Circuit. Criminal Evidence Act 1992 (Auditing and Accounting) Act (Auditing and 2003 of auditors if tion 194 (‘Duty of account not proper books of the being kept’) Act 1990 194(5) requirements at section further for auditors to furnish access information and provide to to books and to documents the Director of Corporate Enforcement. and (e) of the and (e) www.lawsociety.ie LAW SOCIETY GAZETTE
BRIEFING 54 BRIEFING 55 1/7/ ) 28/2/ Appoints Substitute a G APRIL 2007 APRIL Planning and Prepared by the Prepared Require insur- G www.lawsociety.ie Law Society Library SI 86/2007 SI 74/2007 SI 83/2007 The tribunal ordered that the Law Society of Ireland as taxed by a taxing master of the High Court in default of agreement. the respondent solicitor: a) Stand admonished, b) Pay the whole of the costs of Regulations 2007 ment date for sections 11, 12, ment date 24 to 34 of the act. 16 to 22 and Policy of Insurance) mencement) Order 2007 of Information) (Renewal of Regulations 2007 2007 new class 2 in part 1 of sched- ule 2 of the Development Regulations 2001 (SI 600/2001) to provide exemptions for micro-renew- able technologies. Commencement date: 2007 Road Traffic Act 2006 (Com-Number: Contents note: 5/3/2007 as the commence- ment date for sections 6, 7 and 18 of the act. Non-life Insurance (Provision Number: Contents note: working ers to give clients 15 of a days notice in writing and the renewal of the policy and a no- terms of the renewal as a claims bonus certificate addition separate document in to the renewal notification. Commencement date: Planning and Development Number: Contents note: LAW SOCIETY GAZETTE Date to Appoints Appoints Hepatitis C Solicitors (Amendment) Act 2002 (as amended Establish an ) as the establish- SI 36/2007 SI 23/2007 SI 31/2007 Hepatitis C Compensation unal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he failed to comply with his undertakings given to the solicitors on complainant’s 1 and 3 June 1993 in a timely manner. ribunal (Insurance Scheme Order 2007 Regulations 2007 ribunal Act 1997 Order 2007 Act 2006 (Commencement) for Relevant Claimants) 2006 (Commencement) and Miscellaneous Provisions T by section 3 of the (Amend- Compensation Tribunal ment) Act 2006 ment day for the purposes of the relevant insurance scheme (per regulation 1(2) of the regula- tions). be appointed under section 7 of be appointed under section the T Institutes of Technology Act Number: Contents note: 1/2/2007 as the commence- ment date for the act. Investment Funds, Companies Number: Contents note: 29/1/2007 as the commence- Number: note: Contents cer- insurance scheme to enable positive tain persons diagnosed to be for hepatitis C or HIV classes of provided with certain otherwise insurance that would them or be either unavailable to of available only upon payment a higher premium. Commencement date: Hepatitis C Compensation . 1/7/ Appoints Appoints Provide for , which pro- SI 42/2007 SI 16/2007 SI 20/2007 [5713/ DT473/04] Law Society of Ireland (applicant) Daniel J Shields solicitor) (respondent On 16 January 2007, the Solicitors Disciplinary Trib- 8) Order 2007 (Commencement) (Section Supplies Regulations 2007 2007 Contents note: the fluoridation of public water supplies by sanitary authorities on behalf of the Health Service Executive. Revoke all previous fluoridation of water supplies regulations. Commencement date: Garda Síochána Act 2005 Number: Contents note: 1/2/2007 as the commence- ment date for section 8 of the Síochána Act 2005 Garda Section 8 provides a new statu- tory basis for the prosecution of offences by members of the Garda Síochána. Fluoridation of Water Number: Number: note: Contents as the commence- 23/1/2007 for section 36 of the ment date 2006 Finance Act introduction of a vides for the scheme of capital allowances on the for expenditure incurred construction and refurbish- mental ment of qualifying the health centres on broadly as same terms and conditions of the already apply in the case private relief for qualifying hospitals. 1/11/ 22/1/ 22/1/ Give effect to These regula- SI 60/2007 SI 22/2007 Solicitors (Amendment) Act 1994
2007 Regulations 2007 36) Order 2007 Instruments) Regulations Liability Company) (Forms) (Commencement of Section (Markets in Financial (European Public Limited-
In the matter of Daniel J Shields, a solicitor practis- ing under the style and title of VP Shields & Sons Solicitors at Westbridge, and Loughrea, Co Galway, in the matter of the Solicitors Acts 1954-2002 Solicitors Disciplinary Tribunal Finance Act 2006 Number: Contents note: directive 2004/39 on markets in financial instruments, as amended by directive 2006/31 as regards certain deadlines, and to directive 2006/73 as regards organisational require- ments and operating condi- tions for investment firms and defined terms for directive 2004/39. Commencement date: 2007 European Communities Number: Contents note: SI 21/ tions, together with regula- 2007, give full effect to on the tion (EC) 2157/2001 compa- statute for a European ny (SE). Commencement date: 2007 European Communities 2157/2001 is published as a 2157/2001 the regulations. schedule to date: Commencement 2007 This report of the outcome of a Solicitors Disciplinary inquiry Tribunal of is published by the Law Society Ireland as provided(as amended by section 17 of the for in section 23 of the CHY892 G I would like to thank all the Thomas A Menton, Chairman directors and the association’s Geraldine Pearse, secretary, for their valued hard work, dedication and assistance dur- ing the year. DIRECTORS AND OTHER DIRECTORS INFORMATION DIRECTORS (chairman)Thomas A Menton (deputy chairman)John Sexton Robert Ashe (Carlow) Sheena Beale (Dublin) Cardine Boston (Belfast) Felicity M Foley (Cork) William B Glynn (Galway) John Gordon (Belfast) Colin Haddick (Newtownards) Niall D Kennedy (Tipperary) Dermot Lavery (Dundalk) John M O’Connor (Dublin) Brian K Overend (Dublin) Colm Price (Dublin) David Punch (Limerick) Andrew F Smyth (Dublin) Brendan J Twomey (Letterkenny) (Dublin) Brendan Walsh TRUSTEES (ex officio directors) John M O’Connor Andrew F Smyth John Sexton John Gordon SECRETARY Geraldine Pearse AUDITORS CharteredDeloitte & Touche, Accountants, Deloitte & Touche House, Earlsfort Terrace, Dublin 2 STOCKBROKERS Bloxham Stockbrokers, 2-3 Exchange Place, IFSC, Dublin 1 BANKERS Allied Irish Banks plc, 37/38 Upper O’Connell Street, Dublin 1; 31/35 High Street,First Trust, Belfast BT1 OFFICES OF THE ASSOCIATION Law Society of Ireland, Blackhall Place, Dublin 7; Law Society of Northern Ireland, Law Society House, 90/106 Victoria Street, Belfast BT1 3JZ Revenue charity no: Law Directory 2007. cover the ever-greater ipperary and Offaly Bar
The directors are grateful I wish to express particular The Law Society, Donegal Bar Association, Limavady Solicitors’ Asso- ciation, Roscommon Bar Asso- ciation, T Association, Faculty of Notaries Public in Ireland, Sheriffs’ Association, Southern Law Association. on state entitlements, includ- on state entitlements, ing sickness benefits. for their to both law societies support and, in particular, to wish to express thanks presi- Michael G Irvine, past of dent of the Law Society past Ireland, Rory McShane, Society president of the Law Ken of Northern Ireland, director general, Murphy, John Bailie, chief executive and the personnel of both societies. appreciation to all those who contributed to the association when applying for their prac- tising certificates, to those who made individual contri- butions and to the following: • • • • • • • • To demands on the association, additional subscriptions are more than welcome as, of course, are legacies and the proceeds of any fundraising events. Subscriptions and donations will be received by any of the directors or by the from whom all secretary, information may be obtained Dublin 4. at 73 Park Avenue, I would urge all members of the association, when making their own wills, to leave a legacy to the association. You will find the appropriate wording of a bequest at page 28 of the 808 33,861 €€ – – 2006 2005 (68,372) 1,904 403,399 449,725 (67,644) 36,926 (471,771) (447,821) There are 18 directors, mately one half of these are mately one half of spouses themselves supporting and children. in three of whom reside and they Northern Ireland, the Law meet monthly in offices, Blackhall Society’s at Law Place. They meet every Society House, Belfast, The work of the other year. directors, who provide their services entirely on a voluntary basis, consists in the main of reviewing applications for grants and approving of new applications. The directors also make themselves available to those who may need personal or professional advice. The directors have available the part-time services of a profes- sional social worker who, in appropriate cases, can advise APRIL 2007 APRIL Land Registration Manual eport accounts and r rd YEAR ENDED 30 NOVEMBER 2006 Solicitors’ Benevolent
RECEIPTS AND PAYMENTS ACCOUNT RECEIPTS AND PAYMENTS he Association is a voluntary The amount paid out dur- Irish Conveyancing Precedents ear: 1 December 2005 to 30 November 2006 to 30 November December 2005 ear: 1 442,626, which was collected www.lawsociety.ie T Y Solicitors’ Benevolent Association Association Benevolent Solicitors’ 143 LAW SOCIETY GAZETTE charitable body, consisting of charitable body, all members of the profession members in Ireland. It assists of the or former members in solicitors’ profession hus- Ireland and their wives, bands, widows, widowers, depen- family and immediate The dants who are in need. association was established in 1863 and is active in giving assistance on a confidential basis throughout the 32 coun- ties. ing the year in grants was € from members’ subscriptions, donations, legacies and invest- there ment income. Currently, are 46 beneficiaries in receipt of regular grants and approxi- YMENTS RECEIPTS SubscriptionsDonationsNet investment incomeBank interestRepayment of grantsRefund of dividend withholding taxPA GrantsBank interest and chargesAdministration expensesCurrency loss(DEFICIT)/SURPLUS FOR THE YEAR BEFORE SPECIAL EVENTS 65,288 –Royalties from NI 310,371 65,800 24,299 25,814 288,372 – 3,441 (830) (28,315) 38,957 28,420 2,362 (24,327) (1,940) (442,626) (421,414) – (140) Lawyers Diaries and Christmas Cards – 353 (DEFICIT)/SURPLUS FOR THE YEAR (66,891) 37,926 Other incomeCurrency gain(DEFICIT)/SURPLUS FOR THE YEAR BEFORE LEGACIES Legacies 505 223 753 – – 1,000 BRIEFING 56 BRIEFING 57 . The – Deceased APRIL 2007 APRIL www.lawsociety.ie Constitution of Ireland Laffoy J ruled in favour of update divorced wife of his brother, is brother, divorced wife of his inconsistent with the Constitution as now in force Marriage Widow’s Brother’s Law Act 1921 – Family (Divorce) Act 1996. was The first-named plaintiff the sec- previously married to brother. ond-named plaintiff’s following the separa- However, tion of the first-named plaintiff and her husband, she com- menced a relationship with the second-named plaintiff. The first-named plaintiff subse- quently obtained a decree of divorce and the plaintiffs decid- ed to get married. The plain- tiffs instituted these proceed- ings after they learned that they were prohibited by law from The marrying each other. plaintiffs sought a declaration that section 3(2) of the 1907 act, as amended by section 1(2)(b) of the 1921 act, which prohibited the marriage of a man with a divorced wife of his was brother or half-brother, repugnant to the provisions of the plaintiffs submitted that those provisions of law were not car- ried over by article 50 of the Constitution. the plaintiffs, holding that the plaintiffs established that the prohibition contained in sec- tion 3(2), which would render their marriage to each other during the lifetime of the first former husband plaintiff’s unlawful, constituted a restric- tion on their constitutional that right to marry and, further, that restriction was not justified as being necessary to support the constitutional protection of the family and the institution of marriage or the requirements of the common good. , which pro- LAW SOCIETY GAZETTE Guardianship . [FL13368] firstlaw Mr Justice MacMenamin Right to marry Whether section 3(2) of the Sister’s Deceased Wife’s Marriage Act 1907, hibits a man from marrying the child. The defendants resisted child. The defendants making the application for the on the absolute of the order that basis, among other things, emo- the child had developed the adop- tional attachment to removing tive parents and that breach her from them would personal constitu- the child’s tional right to the preservation of her welfare. refused to make the order for the production of the child to the plaintiffs absolute, holding that there was a failure of duty of the natural parents sufficient to rebut the constitutional pre- sumption that the natural fami- ly was the best place for the child, by reason of the elapse of time in seeking to have their child restored to them, which allowed the child to develop emotional attachment and bonding to the adoptive par- ents such that the breaking of the bond of attachment at the age could have long- child’s term serious emotional and psychological consequences for right of The constitutional her. the child to the protection of her health and welfare should be vindicated. Those facts also amounted to compelling rea- custody sons why the child’s should not be altered under section 14 of the of Infants Act 1964 N and anor v The Health Service Executive (HSE) and Uchtála anor and An Bord High Court, Mr Justice MacMenamin, 23/6/2006, 2006 No 181 SS – Compiled by Flore Bouhey for FirstLaw , article News fromIreland’s online legal awareness service [FL13319] (No 7), section 14 – High Court, Mr Justice , AMILY LAW AMILY F ing proper control of the vehi- ing proper control of slightly cle. Where the use of that of different wording from did not the section involved section’s materially alter the was not meaning, the accused prejudiced by the alteration sufficient and it was not a charge. ground to dismiss the of Public Prosecutions Director (prosecutor) v Cronin (accus- ed) Constitution of Ireland 40.4.2. The plaintiffs’ daughter was born in July 2004. In September 2004, they signed a consent form to her being adopted by the second defen- dants, which adoption was arranged by the first defendant. They revoked their consent to the adoption and sought her return some 18 months after the adoption. They instituted High Court proceedings seek- ing her production to them on the basis, among other things, that the constitutional pre- sumption that the appropriate place for the upbringing and education of a child is within the family unit mandated her return to them. The High Court granted a conditional order for the production of the de Valera, 13/11/2006, 2006 de Valera, 1343 SS Adoption Constitution – personal rights – family rights – balancing of consti- – tutional rights – child – welfare – attachment consent – revocation – of child to adoptive parents in duty of natural whether failure – whether child in lawful parents custody of adoptive parents Guardianship of Infants Act 1964 Road Road , section Road Traffic ”. , as amended. In an Mr Justice de Valera CRIMINAL LAW raffic Act 1961 raffic Act 1961 appeal by way of case stated, the District Court judge sought the opinion of the High Court on the following question: “was I correct in dismissing the charge when the arresting garda had said that he had formed the opinion the accused was incapable of ‘exercising’ proper control of a mechanical- ly propelled vehicle, rather than stating that he had formed the opinion that the accused was incapable of ‘having’ prop- er control of the vehicle, which is the exact wording used in section 49(1)(a) of the Road traffic phrases – and Case stated – words control of “exercising” or “having” preju- vehicle – whether accused not using garda diced by arresting exact form in section of of words – whether offence act creating in dismiss- District Court correct ing charge against accused – T 49(1)(a). The accused appeared before the District Court charged with driving under the influ- ence of alcohol, contrary to section 49 of the Act 1961 T answered the case stated in the negative, holding that the dif- ference in meaning between the use of the words ‘exercis- ing’ and ‘having’ in the context of section 49(1)(a) of the 1961 act and in the context of the circumstances of the offence and the subsequent arrest was non-existent. It was impossible to put any construction on the use of the words other than that the driver was incapable by reason of the intoxicant of hav- High , G , SI 359/1991. [FL13305] Peart J awarded the plain- The three infant plaintiffs were The three infant in a car crash. seriously injured defendant accepted The first as a that the accident happened of the result of the negligence The sec- driver of her vehicle. driver of ond defendant was the plaintiffs the car in which the joined were travelling, and was the first to the proceedings by that she defendant on the basis to was negligent in failing were ensure that the plaintiffs issues wearing seatbelts. Two arose for consideration: firstly, the plaintiffs’ contributory the negligence and, secondly, extent to which the second defendant should be held through her negligence to have contributed to the injuries by not ensuring that the seatbelts in the rear were being worn. tiffs damages, holding that the plaintiffs could not be found guilty of contributory negli- gence in the particular cir- cumstances of the accident. The necessary causative link between the breach of the duty of care owed by the sec- ond defendant to the plaintiffs and the injuries sustained by them was absent, and she could not be found liable to contribute to the first defen- liability to the plaintiffs dant’s on foot of the notice of contri- bution/ indemnity. McNeilis (plaintiff) v Armstrong (defendant) ment and Use of Vehicles) ment and (No 3) Regu- (Amendment) lations 1991 Court, Mr Justice Peart, 31/7/2006, 2001 No 1910P, 2001 No 2001 No 1893PP, 19055P , The information contained here Legal is taken from FirstLaw’s Service, Awareness Current published every day on the internet at www.firstlaw.ie. For more information, contact bartdaly@ Merchant’s or FirstLaw, firstlaw.ie Dublin Quay, Court, Merchant’s 8, tel: 01 679 0370, fax: 01 679 0057. Road . : the applicants’ tion without any considera- tion without rights. tion of those who had lived A citizen child since his birth had in the state in the state, in a private life of personal and the sense that social relationships in the resulted from living state, which demanded respect from the respondent. respondent’s the Accordingly, appli- decision to refuse the cation without considering in the the right to private life, sense of the constitutionally of protected personal rights the child, was an interference with its rights to respect for its private life within the meaning of article 8.1 of the European Convention on Human Rights was good and sufficient rea- son in the interests of the common good to refuse the application, the respondent should ensure that his deci- sion, in the particular cir- cumstances of the citizen child and parent, was not disproportionate to the ends sought to be achieved. raffic (Construction, Equip- 4) 5) In deciding whether there Obiter dictum entitlements to fair procedures required that they be specifi- cally written to by the respon- dent seeking documentation evidencing residency in the state and giving them an opportunity of producing it within a specified period of time. B (DO) v Minister for Justice, Equality and Law Reform High Court, Miss Justice Finlay Geoghegan, 14/11/ 2006, 2006 No 102 JR [FL13357] Personal injuries – road traffic accident – seatbelts – whether sec- ond defendant liable to contribute for liability to first defendant’s that plaintiffs to ensure failure wearing seatbelts – were T TORT and was bound European Convention on . to act in a manner consistent guarantee to with the state’s defend and vindicate, as far as practicable, the personal rights of the citizen child, including the right to live in the state and to be reared and educated with due regard for his welfare. The respondent was in breach of the rights of the citizen child under article 40.3 of the Constitution, having committed himself to consider applications for permission to remain in the state based upon the parent- age of a citizen child and to then refuse such an applica- Ms Justice Finlay Geogh- to the documents relating that the IBC05 scheme expressly or by implication not stated that they did was apply to a person who not continuously resident in the state with the child since the date of birth. While the respondent retained a discretion to deter- mine IBC05 applications, he was under a statutory obliga- tion under section 3 of the 2003 act to determine them in a manner compatible with obligations under the state’s the Human Rights refusal, on the ground that it refusal, on of the personal was in breach rights, includ- or fundamental of the child ing the welfare, Constitution and under the and 14 of the articles 8 Human European Convention on Rights 3) egan granted the applicants the egan granted the applicants that: relief sought, holding 1) was nothing in any of There 2) , APRIL 2007 APRIL , section [FL13331] . quashing that , articles 8 and 14 elephone John at 086 -6173621 or elephone John T Email [email protected] High Court, Ms CAPEL CHAMBERS , These newly furnished offices can provide you can provide furnished offices These newly Bunreacht na hÉireann Building and benefit from the building’s facilities. from the building’s Building and benefit certiorari reasonable cost.The offices are based in The Capel The are based in reasonable cost.The offices – European Convention on with an office base beside the Four Courts for a very beside the Four base with an office European Convention on IMMIGRATION Consequently, the impugned Consequently, inconsistent with provision was right to marry the plaintiffs’ 40.3.1 of the under article and they were Constitution a declaration to that entitled to effect. (plain- O’Shea and O’Shea and the tiffs) v Ireland Attorney General (defen- dants) The second and third appli- cants had applied for residency in the state under an adminis- trative scheme established by the respondent (the IBC05 scheme) on the basis that they were the parents of the first applicant, who was born in the state prior to 2005 and was, an Irish citizen. accordingly, That application was refused on the basis of a failure to show that they had been continuous- ly resident in the state since the birth of the child. They were granted leave to seek an order of – Human Rights Act 2003 3 – articles 40.3 and 41 Constitutional law – Irish-bornConstitutional law – of scheme – refusal child residency on basis application for residency that no evidence of continuous res- idence in state since birth of child – of Irish citizen whether interest child taken into consideration – with consti- whether interference tutional rights of citizen child – of right to private whether breach life Human Rights Justice Laffoy, 17/10/2006, Justice Laffoy, 2003 No 13349 P www.lawsociety.ie LAW SOCIETY GAZETTE
BRIEFING 58 BRIEFING 59 Gérald De APRIL 2007 APRIL www.lawsociety.ie , 18 July 2006. The appli- legal dismissal on grounds of disabil- dismissal on grounds of the obli- ity that, in the light of gation to provide reasonable people accommodation for justified with disabilities, is not by the fact that the person con- cerned is not competent, capa- ble and available to perform the essential functions of his the court held post. Finally, that sickness cannot as such be regarded as a ground in addi- tion to those in relation to which the directive prohibits discrimination. Case C-406/04, Cuyper v Office national de l’em- ploi cant, a Belgian national, was granted unemployment allowances, having previously been employed in Belgium. In 1999, he produced a declara- tion in which he stated that he was living in Belgium. In 2000, inspectors from the Office National de l’Emploi (ONEM) investigated the accuracy of those declarations. Mr De Cuyper admitted that he had not lived in Belgium since January 1999, but was resident in France. On the basis of the investigation, he was refused unemployment allowances, as he no longer satisfied the requirement of actual residence prescribed under Belgian law. ONEM also demanded repay- ment of the allowances paid since January 1999. The appli- cant contested this. The ECJ held that the allowance was a social security benefit to which regulation 1408/71 applied. FREE MOVEMENT OF PERSONS eur LAW SOCIETY GAZETTE down by the directive for com- down by the directive on the bating discrimination applies to grounds of disability does dismissals. The directive not define the term ‘disability’ and does not refer to national law for the definition of that concept. Thus, the concept must be given an autonomous and uniform interpretation. The concept of disability for the purpose of the directive must be understood as a limita- tion that results, in particular, from physical, mental or psy- chological impairments and that hinders the participation of the person concerned in professional life. By use of the term ‘disability’ in the direc- tive, a term was deliberately chosen that differs from ‘sick- ness’. The two concepts cannot therefore be simply treated as being the same. The impor- tance attached to measures for adapting the workplace to the disability demonstrates that it envisages situations in which participation in professional life is hindered over a long period of time. In order for a limitation to fall within the concept of ‘disability’, it must be probable that it will last for a long time. There is nothing in the directive to suggest that workers are protected by the prohibition of discrimination on grounds of disability as soon as they develop any type of sickness. A person who has been dismissed by his employer solely on account of sickness does not fall within the general framework laid down by the directive for combating dis- crimination on grounds of dis- The directive precludes ability. Sonia Chacón News fromthe EU and International Affairs Committee , 11 July 2006. The appli- states are under an obligation right to to guarantee that the rest is benefit from effective state that observed. A member is indicates that an employer not required to ensure that workers actually exercise such rights does not guarantee com- pliance with either the direc- minimum requirements tive’s or its essential objective. In providing that employers must give workers the opportunity to take the minimum rest peri- without ods provided for, obliging them to ensure that the periods are actually taken, the guidelines are liable to ren- der the rights enshrined in the directive meaningless and are incompatible with its objective. Case C-13/05, Colectividades Navas v Eurest SA cant was employed by Eurest, a In October catering company. 2003, she was certified as unfit to work on grounds of sickness and could not return to work in the short term. In May 2004, she received written notice of her dismissal and an offer of compensation. She brought a legal action against Eurest. The Spanish court referred questions of the ECJ on the interpretation of directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. The directive lays down a general framework for combating discrimination on the grounds of religion or age or sexual belief, disability, orientation as regards employ- ment and occupation. The ECJ held that the framework laid Edited by TP Kennedy, Director Law Society of Ireland of Education, Edited by TP Kennedy, . In Commission v orking Time , 7 September W (93/104/EC) requires
orking Time Regulations orking Time EMPLOYMENT order to help people under- stand the regulations, the and Department of Trade Industry published a set of guidelines. The guidelines set out that “employers must make sure that workers can take their rest, but are not required to make sure that they do take their rest”. The commission took the view that the guide- lines endorse and encourage a practice of non-compliance with the directive, and thus ini- tiated proceedings before the ECJ. The court held that the purpose of the directive is to lay down minimum require- ments to improve the living and working conditions of workers by ensuring that they are entitled to minimum rest periods. Those principles con- stitute important rules of EC social law from which every worker must benefit as a mini- mum requirement necessary to ensure protection of his safety and health. In order to ensure that the rights given to workers are fully effective, member member states to take the measures necessary to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24- hour period and, in each seven- day period, of a minimum uninterrupted rest period of 24 hours plus the 11 hours daily rest. In Britain, the directive was transposed by the 1998 W Case C-484/04, United Kingdom Directive 2006. The Recent developments in European developments Recent law G Fidium brought proceedings Fidium brought this decision arguing that free movement of restricts the German court capital. The to the ECJ, made a reference the activity of asking whether commer- granting credit on a of serv- cial basis is a provision within ices or whether it falls capital. the free movement of rules The two sets of treaty The have a different scope. can freedom to provide services EC citi- be relied on only by the zens. The ECJ considered the two relationship between is freedoms. Fidium Finanz established in a non-member state. Thus, it can only rely on the EC provisions governing the free movement of capital. The court held that the activity of granting credit on a com- mercial basis concerns, in prin- ciple, both the freedom to pro- vide services and the free move- ment of capital. The German requirement of approval and the fact that it is impossible to get such approval if the compa- ny does not have its main administration or a branch in Germany impeded access to the German financial market for companies established in non- member states. Such rules affect primarily the freedom to provide services. A company established in a non-member state is not entitled to rely on that freedom. The German leg- islation may reduce cross-bor- der financial traffic by making financial services offered by companies established in non- member states less accessible for German clients. However, this restriction is merely an unavoidable consequence of the restriction imposed as regards the provision of services. In those circumstances, it is not necessary to examine the com- patibility of those rules with the provisions of the treaty govern- ing the free movement of capi- tal. A company such as Fidium Finanz is not entitled to rely on the fundamental freedoms of the treaty. Fidium Finanz , 3 October 2006. mark that may conflict with an mark that may as there is a likeli- earlier one, confusion between hood of court found that no them. The arise between the conflict can for and an earlier mark applied during mark that has expired the opposition proceedings, for given that the mark applied after the may be registered only proceed- end of the opposition dur- ings. There was no period co-exist- ing which both marks that the ed. The protection the board of appeal recognised is not earlier mark as having protect justified by the need to its function of identifying ori- gin. In those circumstances, the CFI annulled the decision of the board of appeal. Case C-452/04, AG v Bundesanstalt für Finanzdienstleistungaufsicht (BaFin) German legislation provides that any person intending to commercially engage in bank- ing or to provide financial serv- ices in Germany has to obtain written authorisation from the BaFin. Such authorisation was refused to companies that did not have their central adminis- tration or a branch in The applicant is a Germany. company incorporated under with its registered Swiss law, office and its central adminis- tration in Switzerland. It gives credit to clients established abroad. Approximately 90% of the credit it grants is given to people resident in Germany. Credit is offered on a website run from Switzerland. Loans were granted without obtain- ing information about the clients from the German cen- tral credit-reporting agency. Fidium did not have the autho- risation to carry on such activi- In 2003, the ty in Germany. BaFin prohibited it from carry- ing on activities on a commer- cial basis that target customers established in Germany. SERVICES MIP Metro , 13 September esco that it had to submit a INTELLECTUAL PROPERTY tion is thus based on objective tion is thus of public inter- considerations of the nation- est independent persons concerned. ality of the to be carried The monitoring as concerns unem- out, as far a specif- ployment benefit, is of the ic nature that justifies introduction of arrangements than that are more restrictive in respect those for monitoring of other benefits. Case T-191/04, Group Intellectual Property GmbH & Co KG v Office for Harmonisation in the Internal Market (OHIM) 2006. In 1998, the applicant applied to OHIM for registra- tion of the sign ‘METRO’ as Stores an EC trademark. Tesco filed a notice of opposition on the basis on an earlier word mark whose term of protection expired on 27 July 2000. On 12 June 2000, OHIM informed T certificate of renewal of the earlier mark within four months. The deadline was extended and expired on 13 March 2003. Proof of renewal was not provided within that time limit. On 12 June 2003, opposi- OHIM rejected Tesco’s tion on the basis that it has not proved that its earlier right was appealed still in force. Tesco that decision to the OHIM Board of Appeal. The board set aside the earlier decision, find- ing that, on the date when the opposition was filed and even on the date evidence of renew- al was requested, the earlier mark was still in force. did not Tesco Accordingly, have to prove renewal of its trademark. Metro brought an action against that decision before the CFI. It looked at the rules concerning grounds for refusal and opposition pro- ceedings. The purpose of these rules is to make it possible to refuse registration of a new APRIL 2007 APRIL This remains the case even if, This remains recipi- the law, under national from registering ent is exempt and conse- as a job-seeker the requirements quently from available for work. of being The fact that the unemployed that person has obtained that exemption does not mean require- he is exempt from the to the ment to remain available Those employment services. monitor services may wish to sit- his employment and family consid- uation. The court then state ered whether a member allowance can make such an conditional on residence in its Every citizen has the territory. right to move and reside freely within the territory of the member states, but that right is not unconditional. It is con- ferred subject to the limitations and conditions laid down by the treaty and the measures adopted to give it effect. Regulation 1408/71 provides for only two situations in which a member state is required to allow recipients of an unem- ployment allowance to reside in another member state while retaining their entitlement to it – where the unemployed per- son goes to another member state looking for employment or where the unemployed per- son lived in another member state during this last job. Mr position is not De Cuyper’s covered by either of these situ- ations. National legislation that places at a disadvantage certain of its nationals because they have exercised their freedom to move and reside in another member state is a restriction on the freedoms conferred on every citizen of the EU. the resi- in this case, However, dence clause reflects the need to monitor the employment and family situation of unem- ployed persons. ONEM inspectors may need to check whether the recipient of a ben- efit has undergone changes that may have an effect on the benefit granted. This justifica- www.lawsociety.ie LAW SOCIETY GAZETTE
BRIEFING 60 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE APRIL 2007
LOST LAND LAW SOCIETY CERTIFICATES
Registration of Deeds and Title Acts Gazette 1964 and 2006 An application has been received from PROFESSIONAL NOTICE RATES the registered owners mentioned in the RATES IN THE PROFESSIONAL NOTICE SECTION ARE AS FOLLOWS: schedule hereto for an order dispensing with the land certificate issued in respect • Lost land certificates – €132 (incl VAT at 21%) of the lands specified in the schedule, • Wills – €132 (incl VAT at 21%) which original land certificate is stated to have been lost or inadvertently • Title deeds – €132 per deed (incl VAT at 21%) destroyed. The land certificate will be • Employment/miscellaneous – €132 (incl VAT at 21%) dispensed with unless notification is received in the registry within 28 days HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €31.50 EXTRA from the date of publication of this notice that the original certificate is in existence All notices must be paid for prior to publication. CHEQUES SHOULD BE MADE PAYABLE and in the custody of some person other TO LAW SOCIETY OF IRELAND. Deadline for May Gazette: 18 April 2007. than the registered owner. Any such noti- For further information, contact Catherine Kearney or Valerie Farrell on tel: fication should state the grounds on 01 672 4828 (fax: 01 672 4877) which the certificate is being held. Property Registration Authority, Chancery Street, Dublin 7 lands: plot of ground situate in the of Commons West and barony of Regd owner: Thomas Comerford and (Published 6 April 2007) townland of Coomkeen in the Nethercross; Co Dublin Christine Comerford; folio: 10197F; barony of Carbery West (west divi- Regd owner: P & D Cutting Formes lands: townland of Cloon Beg and Regd owner: Charles Ryan; folio: sion) and in the county of Cork; Co Limited (limited liability company); barony of Trughanacmy; Co Kerry 4017F; lands: Crowsgrange and Cork folio: DN72315F; lands: property Regd owner: James Cullen; folio: 9179; barony of St Mullins Upper; Co Regd owner: John O’Connell; folio: situate in the townland of lands: townland of Hodgestown and Carlow 9676F and 14514F; lands: plot of Kilnamanagh and barony of barony of Clane; Co Kildare Regd owner: Charles Ryan; folio: ground situate in the townland of Uppercross; Co Dublin Regd owner: John McEvoy and Linda 1824F; lands: Crowsgrange and Hoddersfield in the barony of Regd owner: Jody Walshe and Deirdre McEvoy; folio: 10377F; lands: town- barony of St Mullins Upper; Co Kerrycurrihy and in the county of Walshe; folio: DN84606L; lands: land of Newtown and barony of Salt Carlow Cork; Co Cork property known as apartment 33, North; Co Kildare Regd owner: Francis Connolly, Cohaw, Regd owner: Arthur Friel, 41 Main third floor, Maple, and car park Regd owner: Olive Taylor; folio: 5299; Cootehill, Co Cavan; folio: 2628F; Street, Dungloe, Co Donegal; folio; space no 154, Herbert Park, land sit- lands: townland of Crockanure Glebe lands: Cohaw, Pottlereagh; Co 34631; lands: Dunglow; Co uate in the parish of Donnybrook and barony of Offaly East; Co Cavan Donegal and district of Pembroke; Co Kildare Regd owner: Patrick McHugh, Adrerra, Regd owner: Bobby Donnelly; folio: Dublin Regd owner: Thomas Keane; folio: Bawnboy, Co Cavan; folio: 20525; DN72272L; lands: property being Regd owner: Christopher Butterly; 16185; lands: townland of Daars lands: Tirnawannagh; Co Cavan flat no 12 on the first floor of the folio: DN5134; lands: property situ- North and barony of Naas North; Co Regd owner: Michael E O’Donoghue building known as ‘Cremorne’, situ- ate in the townland of Rush and Kildare and Bridget T Donoghue, ate to the east of Greenmount Road barony of Balrothery East; Co Regd owner: Michael Bolger (Fairview Rathardrum, Virginia, Co Cavan; in the parish of Rathfarnham and Dublin Limited); folio: 17633; lands: folio: 112L; lands: Rathardrum; Co district of Rathmines; Co Dublin Regd owner: John Kent; folio: Kildalton and barony of Iverk; Co Cavan Regd owner: Ellen Mary Murphy; DN83139L; lands: property known Kilkenny Regd owner: Philip Oliver Tierney, folio: DN75760F; lands: property as flat no 1, Cannon Mews East, Regd owner: Michael Delaney; folio: Aghadreenagh, Cavan; folio: 7055; known as 8 Marley Walk, situate in Beggars Bush, situate in the parish of 6636; lands: Gortnagap and barony lands: Cargagh; Co Cavan the townland of Haroldsgrange and St Bartholomew and district of of Crannagh; Co Kilkenny Regd owner: Joseph Lynch and barony of Rathdown; Co Dublin Pembroke; Co Dublin Regd owner: Paul Murphy; 13431F; Catherine Lynch; folio: 27633F; Regd owner: Declan and Grainne Regd owner: Mary Conneely; folio: lands: Clogrenan and barony of lands: townland of Kilcolumb and McKeever; folio: DN6068F; lands: 73870F; lands: townland of Slievemargy; Co Laois barony of Islands; area: 12.794 property situate in the townland of Carrownlisheen and barony of Aran; Regd owner: Timothy Oxley; folio: hectares; Co Clare Killakee and barony of Uppercross; Co Galway 15538; lands: Oldtown and barony of Regd owner: Anthony McMahon; folio: Co Dublin Regd owner: Raymond Dolan and Clarmallagh; Co Laois 8275F; lands: townland of Feighroe Regd owner: Annie Joan McManus; Claire Dolan; folio: 53385F; lands: Regd owner: Mary Farrell; folio: 70L; and barony of Islands; area: 0.9710 folio: DN74429L; lands: property townland of Gort and barony of lands: parish of St Nicholas and hectares; Co Clare known as no 117 South Circular Kiltartan; Co Galway county borough of Limerick; Co Regd owner: John Crowley; folio: Road, Kilmainham, situate in the Regd owner: William Potter and Limerick 53090; lands: plot of ground situate parish of St Jude and South Central Kathleen Potter; folio: 170F; lands: Regd owner: Michael Flynn and in the townland of (1) Glanminnane, District; Co Dublin townland of Farmhill and barony of Hannah Flynn; folio: 15728F; lands: (2) Laharan, in the barony of Regd owner: Catherine Eivers; folio: Tiaquin; Co Galway townland of Drombane and barony Duhallow and in the county of Cork; DN31614F; lands: property situate Regd owner: Dympna Mullarkey; folio: of Clanwilliam; Co Limerick Co Cork in the townland of Hilltown and 58900F; lands: townland of Regd owner: Denis Kiely; folio; 66L; Regd owner: Denis Sullivan (deceased) barony of Nethercross; Co Dublin Milltown (Dunmore By) and barony lands: parish of St Munchins and and Mary Sullivan; folio: 59324; Regd owner: Eileen Mulligan and Brian of Dunmore; Co Galway county borough of Limerick; Co lands: plot of ground situate in the Hyland; folio: DN134145F; lands: Regd owner: Thomas Noble Fleming; Limerick townland of Gurteenard in the property known as 33 Hansfield, folio: 30928F; lands: townland of Regd owner: Dermot Prendergast and barony of Duhallow and in the coun- Castaheany, Navan Road, situate in Castletown (Tiaquin By), Derreen Jackie Prendergast; folio: 49657F; ty of Cork; Co Cork the townland of Huntstown and Lower and Ballyedmond and barony lands: Sluggary and barony of Regd owner: Carmel Treacy and Mary barony of Castleknock; Co Dublin of Tiaquin and Ballymoe; Co Pubblebrien and county of Limerick; Tr eacy; folio: 32749; lands: plot of Regd owner: Denis Madden and Galway Co Limerick ground situate in the townland of Marjorie Madden; folio: Regd owner: Mary Ann Browne; folio: Regd owner: Cornelius Rourke; folio: Corbally in the barony of Imokilly DN31080L; lands: property situate 18953; lands: townland of Dromin 5658; lands: townland of Abbeyfeale and in the county of Cork; Co Cork to the south of Rathbeale Road in and barony of Iraghticonnor; Co East and barony of Glenquin; Co Regd owner: Vera Brain; folio: 55088; the town of Swords in the townland Kerry Limerick
www.lawsociety.ie 61 late aged late of late of 19 will be pleased to late of 50 St Declan’s Road, late of 50 St Declan’s alsh, Mary, (deceased), alsh, Mary, innion, John (also known as Jack) enetian Hall, Howth Road, Dublin 5 of 2 Templeroan Green, Templeogue, of 2 Templeroan having any person Would Dublin 6W. the above- knowledge of a will made by Maura named deceased please contact McGrath, Corcoran of Hayes Street, Solicitors, 91 Lower Baggot Dublin 2; tel: 01 662 0700, fax: 01 662 0750, email: mcorcoran@hayesmc- grath.ie Synnott, Maeve (deceased), any person having knowledge of the any person having of a will made by the whereabouts deceased, who died on 19 above-named please contact Frances January 2007, McNamara & Co, Cunneen, Dermot Street, Rush, Co Solicitors, Main 01 843 8766, email: Dublin; tel: [email protected] O’Meara, Patrick (deceased), Street, 92 years, late of 42 Beresford having any person Dublin 7. Would by Patrick knowledge of a will made Bowler O’Meara please contact 2 Lower Geraghty & Co, Solicitors, Dublin 1 Ormond Quay, Ryan, Barbara Mary (deceased), V and formerly of 70 Dunluce Road, any person Clontarf, Dublin 3. Would having knowledge of a will made by the above-named deceased, who died on 10 February 2006, please contact BCM Solicitors, 88 Hanby Wallace, Harcourt Street, Dublin 2; tel: 01 418 6900, email: [email protected] T (deceased), Marino, Dublin 3. Would any person Marino, Dublin 3. Would having knowledge of a will made by the above-named deceased, who died on 18 October 2006, please contact Corrigan & Corrigan, Solicitors, 3 St Andrew Street, Dublin 2; tel: 01 677 6108, email: [email protected] W Largaun, Balla, Co Mayo and St Edmondsbury Hospital, Lucan, Co any person having Kildare. Would knowledge of the whereabouts of any will made by the above-named deceased, who died at Swinford in Co Mayo in March 2007, please contact solicitor of Messrs Samantha Geraghty, P O’Connor & Son, Solicitors, Swinford, Co Mayo; tel: 094 925 1333, fax: 094 925 1833, email: sgeraghty@ poconsol.ie London solicitors advise on UK matters and undertake handle probate, liti- agency work. We gation, property and company/com- mercial. Parfitt Cresswell, 567/569 Fulham Road, London SW6 1EU; DX 83800 Fulham Broadway; tel: 0044 2073 818311, fax: 0044 2073 814044, email: [email protected] MISCELLANEOUS late late of late of late of 5 widow, late widow, late of 83 St late of Dunheeda, late of Main Street, Co Co illbrook Lawn, Rathfarnham, Dublin illbrook Lawn, Rathfarnham, ould any person having knowledge of ould any person having any knowl- ould any person having any late of ullamore, Co Offaly; tel: 057 934 ullamore, Co late of late of of 3B Ashlawn, Loughrea, Co Galway and formerly of Skehanagh, Peterswell, any person having Would Co Galway. knowledge of a will made by the above- named deceased, who died on 22 January 2007, please contact Larkin Solicitors, The Square, Gort, Co Galway; tel: 091 631 022 McGrath, Michael (deceased), Mitchelstown, Hillcrest, Knockagarry, any person having Co Cork. Would knowledge of a will made by the above- named deceased, who died on 12 December 2006, please contact Healy Crowley & Co, Solicitors, 9 O’Rahilly tel: 025 32066, Co Cork; Fermoy, Row, email: [email protected]; ref: BF/M1442 McMahon, Susan (otherwise Nolan) (deceased), any per- Kingscourt, Co Meath. Would son having knowledge of a will made by the above-named deceased, who died on 25 January 2007, please contact Dara Murtagh, FN Murtagh & Co, Solicitors, Kingscourt, Co Cavan; tel: 042 966 7503 McRedmond, Mary (deceased), Co Limerick. Lisnagry, of Drominboy, W the whereabouts of a will made by the above-named deceased, who died on 8 September 2005, please contact Tynan Street, 16 William Murphy Yelverton, Limerick; tel: 061 415 888, fax: 061 415 253 Martin, Anne (otherwise Annie) (deceased), Skerries Road, Rush, Co Dublin. Would Fenelon, James (deceased), Fenelon, James Portlaoise, Co Laois. Will Morett Emo, knowledge of a will any person having above-named deceased, made by the 22 May 2006, please con- who died on & Co, Solicitors, tact Joseph Brophy T 057 934 1730, email: 1957, fax: [email protected] Grace, Michael (deceased), W knowl- any person having 14. Would of any will edge of the whereabouts deceased, made by the above-named 2006, please who died on 16 February Solicitors, contact Patrick Hogan & Co, Co Galway; Dunlo Street, Ballinasloe, 964 2107 tel: 090 964 2110, fax: 090 Hearns, Colm (deceased), Co Dublin. Dalkey, Begnets Villas, W edge of a will made by the above-named deceased, who died on 15 December 2006, please contact Gerald Griffin, North King St Paul’s, solicitor, Street, Dublin 7; tel: 01 617 4846, fax: 01 617 4898; email: geraldnagriffin@ eircom.net Larkin, Elizabeth (also known as Betty or Lily) (deceased), late of 23 Co Tipperary Co Wexford Co Westmeath Co Wicklow Co Wexford stmeath; folio: 20238F; lands: stmeath; folio: 20238F; aterford estmeath omacurry and barony of omacurry and barony W Boyana, Moate, Co Westmeath; folio: 12773; lands: Boyanagh; Delvin, Co Mulliganstown, Cawley, We Mulliganstown; 20068F; lands: Shanowle and barony 20068F; lands: Shanowle and of Shelmaliere West; (deceased); folio: 889; lands: (deceased); folio: 889; T Scarawalsh; Pascal Watkins; folio: 6946; lands: Pascal Watkins; townland of Cookstown and barony of Rathdown; 12386; lands: plot of ground situate 12386; lands: of Dysert in the in the townland in barony of Decies-within-Drum the county of Waterford; W 17600F; lands: townland of 17600F; lands: and barony of Glennariesk Upper; Kilnamanagh ansey & Associates, Solicitors, Law Campbell, John (deceased), Kingsfurze, Naas, Co Kildare, who died any person on 5 March 2007. Would having knowledge of the whereabouts of any will made by the above-named deceased please contact Eoin O’Connor & Co, Solicitors, 16 South Main Street, Naas, Co Kildare; tel: 045 875 333, fax: 045 875 637, email: info@eoconnorso- licitors.ie Donoghue, Mary (deceased), 21 Marrens Park, Ballymote, Co Sligo, who died on 7 October 2006. Would any person having knowledge of the whereabouts of any will made by Mary Donoghue please contact Damien T Sligo, Street, Chambers, 3 Wine Ireland; tel: 071 916 2032, fax: 071 916 9115 Doyle, James (deceased), per- any Would Carlow. Leagh, Sleaty, son having knowledge of the where- abouts of any will made by the above- named deceased, who died on 9 January 2007, please contact Aisling O’Hanlon Fleming & Partners, of William Solicitors, Belmont House, Belmont, Kilkenny Road, Carlow; tel: 059 914 6620, fax: 059 914 6632 Ellis, Michael (deceased), any O’Briens Bridge, Co Clare. Would person having knowledge of a will exe- cuted by the above-named deceased, who died on 5 December 1999, please contact Dermot G O’Donovan & Partners, RiverPoint, Lower Mallow Street, Limerick; DX 30 11; tel: 061 314 788, fax: 061 310 441 Regd owner: John Joseph Larkin, Regd owner: John Joseph and Lynda Regd owner: Robert Mullins Regd owner: Nicholas Roche; folio: Regd owner: Nicholas Roche; Regd owner: John Timmons Regd owner: John Regd owner: Gordon Watkins and Regd owner: Gordon Watkins Regd owner: Michael Quinlan; folio: Regd owner: Regd owner: Michael Ryan; folio: Michael Ryan; Regd owner: WILLS Co Co Co Co Co Co APRIL 2007 APRIL Co Tipperary Co Roscommon Co Limerick Co Offaly Co Offaly Co Roscommon Co Mayo Co Monaghan Co Roscommon ipperary ipperary ipperary irawley; area: 2.0234 hectares; T Geraldine Murray; folio: 22881; lands: townland of Capparoe and barony of Ormond Upper; T 19460; lands: townland of Clashnevin and Knockahunna and barony of Upper Ormond; Son Limited; folio: 13633F; lands: Bohercrowe, Co Tipperary; T 5044F; lands: townland of Corramore and barony of Athlone South; 7795 and 7875; lands: townland of Knockatelly and barony of Corran; Co Sligo 16480; lands: townland of Lahardan Upper and Lahardan Lower and barony of Eliogarty; 16712; lands: Lurgan; area: 4.0645 hectares; 12793; lands: Knockadryan; area: 5.4730 hectares; Regan; folio: 37966; lands: townland Regan; folio: 37966; lands: of of Corragooly and barony Costello; area: 1.9526 hectares; Mayo townland Fallon; folio: 4275; lands: Upper of Mace Middle and Mace area: and barony of Clanmorris; hectares; 4.3706 hectares and 4.3403 Co Mayo lands: townland of Knockshanbally and barony of Gallen; area: 0.5260 hectares; lands: townland of Laghtadawannagh and barony of T Mayo Eileen McCabe, Lough Egish, Co Monaghan; folio: 176F; lands: Knocknmaddy; area: 0.2099 hectares; (deceased); folio: 18286; lands: Derries, Ballina and barony of Ballycowan; (deceased); folio: 11329; lands: Ballymacoolaghan and barony of Garrycastle; 26064; lands: townland of 26064; lands: barony of Coshma; Cummeen and Co Limerick Friarstown and 44934F; lands: Clanwilliam; barony of Limerick of lands: Friarstown and barony Clanwilliam; Regd owner: James Murray and Regd owner: Stanley Mounsey; folio: Regd owner: Matthew Kavanagh & Regd owner Patrick Meares; folio: Regd owner: Joseph O’Connor; folios: Regd owner: John Bourke; folio: Regd owner: Thomas Flanagan; folio: Regd owner: Thomas Flanagan; folio: Regd owner: Louise Regan and Francis Regd owner: Louise Regan and John Regd owner: Thomas Fallon 50021; Regd owner: Ann Bourke; folio: Regd owner: Liam Scott; folio: 49586F; Regd owner: Seamus McCabe and Regd owner: Mary Brigid Feehan Madden Regd owner: William Regd owner: William Rowley; folio: William Regd owner: PJ O’Riordan; folio: Regd owner: Regd owner: PJ O’Riordan; folio: 6356; Regd owner: PJ O’Riordan; www.lawsociety.ie LAW SOCIETY GAZETTE
PROFESSIONAL NOTICES 62 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE APRIL 2007
Publication of advertisements in this section is on a fee basis and does not represent an endorsement by the Law Society of Ireland.
SPANISH LAWYERS RAFAEL BERDAGUER ABOGADOS TWENTY YEARS ADVISING CLIENTS IN REAL ESTATE TRANSACTIONS IN SPAIN
PROFILE: FIELD OF PRACTICES: panish Lawyers Firm focused eneral Practice, Administra- Son serving the need of the Gtive Law, Civil and Commer- foreign investors, whether in cial Law, Company Law, Banking company or property transac- and Foreign Investments in tions and all attendant legalities Spain, Arbitration, Taxation, such as questions of inheritance, Family Law, International Law, taxation, accounting and book- Litigation in all Courts. keeping, planning, land use and litigation in all Courts.
Avda. Ricardo Soriano, 29, Edificio Azahara Oficinas, 4 Planta, 29601 Marbella, Malaga, Spain
Tel: 00-34-952823085 Fax: 00-34-952824246 e-mail: [email protected] Web site: www.berdaguerabogados.com
Seven-day publican’s on-licence for Take notice that any person having an unknown and unascertained. Wicklow for directions as may be sale. Contact: DP Barry & Co, interest in the freehold or any superior Date: 6 April 2007 appropriate on the basis that the person Solicitors, The Diamond, Donegal interest in the property known as: all Signed: Leman Solicitors (solicitors for the or persons beneficially entitled to the Town, Co Donegal; tel: 074 972 1666, that and those the property known as applicants), 10 Herbert Lane, Dublin 2 superior interest including the freehold fax: 074 972 2707 181 Lower Kimmage Road, held under reversion in the aforesaid property are lease dated 26 August 1932 between In the matter of the Landlord and unknown or unascertained. Articles for sale: fireproof safes – four John Ward of the one part and Bridget Tenant (Ground Rents) Acts 1967- Date: 6 April 2007 fireproof Chubb-type safes for sale – McAnaney of the other part for a term 1994 and in the matter of the Signed: Carrigan & Co (solicitors for the three and four drawer – in good condi- of 164 years from 1 September 1932, Landlord and Tenant (Grounds Rents) applicants), Thurles, Co Tipperary tion. No longer needed due to refur- subject to a yearly rent of £20 and (No 2) Act 1978: an application by bishment. Usual price €2,500/€3,000 therein described as “the hereditaments Alasdar Browne and Noreen Cleary- each – will sell for circa €1,100 each. and premises known as no 3 Donard Browne Contact either Mary or John during Buildings, situate in the west side of Take notice that Alasdar Browne and TD Fitzpatrick office hours – 052 21123/21966 Kimmage Road in the barony of Upper Noreen Cleary-Browne intend to sub- Cross and county of Dublin”. mit an application to the county regis- CERTIFIED PUBLIC Take notice that the applicants, trar for the county of Wicklow for the ACCOUNTANTS & TITLE DEEDS Carmel McCarthy and Mary acquisition of the freehold interest and Wilkinson, intend to submit an applica- any intermediate interest in the follow- REGISTERED tion to the county registrar for the ing property: all that and those the AUDITORS Rossiter, Maureen (deceased), late of county of Dublin for the acquisition of property known as 1 Davitt Road, Bray, Ivy House, Esmonde Street, Gorey, Co the freehold interest in the aforesaid in the county of Wicklow. Specialists in Solicitor Wexford. Would any person having property, and any party asserting that Take notice that any person having Bookkeeping and knowledge of the original title docu- they hold a superior interest in the an interest in the freehold estate of the Accountants Reports ments relating to the above property aforesaid property is called upon to fur- aforesaid property and any party assert- please contact Doyles Solicitors, nish evidence of title to the aforesaid ing that they hold a superior interest in For Enquiries regarding Westgate, Wexford (REF: JOH); tel: property to the below named within 21 the aforesaid property (or any of them) our Solicitor services, 053 912 3077, fax: 053 912 3071, email: days from the date of this notice. are called upon to furnish evidence of [email protected] In default of such notice being title to the aforementioned premises to please contact us at: received, the applicants, Carmel the below named within 21 days from 7 Argus House, In the matter of the Landlord and McCarthy and Mary Wilkinson, intend the date of this notice. Greenmount Office Park, Tenant (Ground Rents) Acts 1967-1994 to proceed with the application before In default of any such notice being Harold’s Cross, and in the matter of the Landlord and the county registrar for the county of received, Alasdar Browne and Noreen Tenant (Ground Rents) (No 2) Act Dublin for directions as may be appro- Cleary-Browne intend to proceed with Dublin 6W. 1978: an application by Carmel priate on the basis that the person or the application before the county regis- McCarthy and Mary Wilkinson of persons beneficially entitled to the trar at the end of the 21 days from the Phone: 01 4737455 ‘The Orchard’, Dundalk Road, superior interest including the freehold date of this notice and will apply to the Email: [email protected] Carlingford, Co Louth reversion in the aforesaid property are county registrar for the county of
www.lawsociety.ie 63 re: Landlord and Tenant Landlord In default of any such notice being In default of any such notice And further take notice that In default of any such notice being ke notice that any person having any the city of Dublin for the acquisition of the city of Dublin interest in the aforesaid the freehold or parties and any party property, they hold a superior asserting that aforesaid property are interest in the furnish evidence of title called upon to property to the to the aforementioned within 21 days of party below named the date of this notice. Turner received, Marjorie Elizabeth application intends to proceed with the at the end before the county registrar this notice of 21 days from the date of registrar and will apply to the county as for the city of Dublin for directions basis that may be appropriate on the enti- the person or persons beneficially including tled to the superior interest aforesaid the freehold reversion in the unascer- property are unknown or tained. Date: 6 April 2007 (solicitors for the Signed: Rutherfords applicant), 41 Fitzwilliam Square, Dublin 2 In the matter of an application pur- suant to the (Ground Rents) Acts 1967-2005 the premises known as 19/20 Chancery Street, Dublin 7, and in that matter of an application by Chancery Inns Limited Ta interest in the freehold estate (or any intermediate interest) of the property known as 19/10 Chancery Street in the city of Dublin, formerly known as 19/20 Pill Lane in the city of Dublin, being premises demised by an inden- ture of lease made 26 March 1787 for the term of 999 years from 25 March 1787 at the annual rent of £25.17s.5d (hereinafter ‘the lease’). Chancery Inns Limited intends to sub- mit an application to the county regis- trar for the city of Dublin at Áras Uí in the city of Dhálaigh, Inns Quay, Dublin, for the acquisition of the fee simple and any intermediate interest in the aforesaid property and that any party asserting that they hold a superi- or interest in the aforesaid property are called upon to furnish evidence of title to the said property to the solicitors for the applicant within 21 days from the date of this notice. received, Chancery Inns Limited intends to proceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the city of Dublin for directions as may be appropriate on the basis that the person or persons beneficially enti- tled to the superior interest including the freehold reversion in the aforesaid property are unknown and/or unascer- tained. Date: 6 April 2007 Signed: Smyth O’Brien Hegarty (solicitors for the applicant), 24 Lower Abbey Street, Dublin 1 : an : an and in the and in the Landlord and Landlord and Landlord Landlord and Tenant and Landlord and Tenant Landlord ake notice that Marjorie Elizabeth ake notice that Marjorie Elizabeth ner ner T In default of any such notice being T rner Limited intends to submit an rner Limited intends to submit an nant Acts 1967-1994 nant Acts 1967-1994 ake notice any person having an inter- ake notice any person having ake notice that any person having an freehold reversion in the aforesaid freehold reversion unknown or unascer- premises are tained. Date: 6 April 2007 & Co (solicitors for Signed: John Henchion Co Road, Blarney, Waterloo the applicant), Cork In the matter of the Te matter of the 1978 (Ground Rents) (No 2) Act Elizabeth application by Marjorie Tur T or superior est in the freehold estate as ‘Ard interest in the property known in Lui’, 49 Cowper Road, Rathmines, inden- the city of Dublin, held under 1898 ture of sublease dated 3 October Beckett of and made between William C the one part and Margaret for the Richardson of the other part 1891, term of 150 years from 25 March subject to the annual rent of £10. Tu application to the county registrar for the city of Dublin for the acquisition of the freehold interest in the aforesaid and any party or parties property, asserting that they hold a superior interest in the aforesaid property are called upon to furnish evidence of title to the aforementioned property to the party below named within 21 days of the date of this notice. received, Marjorie Elizabeth Turner intends to proceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the city of Dublin for directions as may be appropriate on the basis that the person or persons beneficially entitled to the superior interest including the freehold reversion in the aforesaid property are unknown or unascertained. Date: 6 April 2007 (solicitors for the appli- Signed: Rutherfords Dublin 2 cant), 41 Fitzwilliam Square, In the matter of the Te matter of the (Ground Rents) (No 2) Act 1978 application by Marjorie Elizabeth Tur T interest in the freehold estate or superi- or interest in lock-up garage number 2, to the rear of the property known as ‘Kingston’, Cowper Road, Rathmines, in the city of Dublin, held under inden- ture of lease dated 23 July 1891 and made between the Right Honourable of Georgina Baroness Mount Temple Beckett of the the one part and William other part for the term of 150 years from 25 March 1891, subject (with other property) to the annual rent of £58. Tu application to the county registrar for : an and in the Landlord and Landlord Landlord and Tenant Landlord ake notice that Darragh Tobin T In default of any such notice being In default of any such notice being In default of any such notice ake notice that any person having an enant Acts 1967-2005 T matter of the (Ground Rents) (No 2) Act 1978 application by Darragh Tobin T interest in the freehold estate or any superior interest in the property known as: all that and those the prem- ises and dwellinghouse erected there- on, situate, lying and being on the Bandon Road in the parish of St Finnbarr and city of Cork, and com- monly known as number 41 Bandon Road, Cork, being part of the heredita- ments and premises comprised in and demised by an indenture of lease dated 16 December 1974 between Anne Callanan of the one part and Catherine Mary McMullen of the other part for a term of 90 years from 29 September 1974 (less the last three days thereof), subject to the yearly rent of £60 and to the covenants and conditions on the part of the lessee therein contained. intends to submit an application to the county registrar for the city of Cork for the acquisition of the freehold interest and any intermediate interest and in the aforementioned property, any party or parties asserting that they hold a superior interest in the aforesaid property are called upon to furnish evi- dence of title in the aforementioned property to the below named within 21 days from the date of this notice. intends to received, Darragh Tobin proceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for the city of Cork for directions as may be appropriate on the basis that the persons or persons beneficially entitled to the superior interests including the Garrett Peers intend to submit an Garrett Peers the county registrar for application to of Dublin for the the county/city the freehold interest in acquisition of any party and property, the aforesaid they hold a superior asserting that aforesaid property are interest in the furnish evidence of title called upon to to the to the aforementioned property of the below named within 21 days date of this notice. Garrett received, Brian Murphy and the appli- Peers intend to proceed with registrar at cation before the county date of this the end of 21 days from the county reg- notice and will apply to the Dublin for istrar for the county/city of on directions as may be appropriate or persons the basis that the person superior beneficially entitled to the rever- interest including the freehold are sion in the property aforesaid unknown or unascertained. Date: 6 April 2007 Signed: Partners at Law (solicitors for the Dun applicants), 8 Adelaide Street, Co Dublin Laoghaire, In the matter of the and : an APRIL 2007 APRIL and in the and in the Landlord and Landlord Landlord and Landlord Landlord and Tenant Landlord Landlord and Tenant Landlord or otherwise, on the basis that ake notice that the applicant ake notice that Brian Murphy and Landlord and Tenant (Ground Rents) and Tenant Landlord In default of any such notice being T T ills of the second part, and Charles ake notice that any person having enant Acts 1967-1994 enant Acts 1967-1994 enant Acts 1967-1994 Act 1967 the person or persons beneficially enti- tled to the superior interest or inter- ests, including the freehold version of are unknown or unascer- the property, tained. Date: 6 April 2007 Signed: Martin Moran & Co (solicitors for Lane, Dublin 2 the applicant), 12 Stephen’s In the matter of the intends to submit an application to the intends to submit an application of Dublin county registrar for the city freehold for the acquisition of the intermediate interest and all, if any, herein interest in the premises described, and any person having an interest in the freehold estate or any intermediate interest or estate between the freehold and the leasehold interest held by the applicant in the property are hereby called upon to furnish evi- dence of their title to the solicitors for the applicant within 21 days from this notice. received, the applicant intends to pro- ceed with the application before the county registrar at the end of 21 days from the date of this notice and will apply to the county registrar for all such directions as might be appropri- ate, whether pursuant to section 8 of the T matter of the (Ground Rents) (No 2) Act 1978 application by Brian Murphy and Garrett Peers T interest in the freehold estate of the following property: 4 Leinster Square, Rathmines, Dublin 6, more particular- ly described in an indenture of lease dated 4 September 1928 between Sandford and Godfrey Robert Wills Howard Rundell Guinness of the first part, Amy Henrietta Wills-Sandford W Joseph Priest, Frederick James Priest, Edward Percy Maybury Butler and of the third part, for Herbert Wood the term of 153 years from 25 March 1928, subject to the covenants on the part and conditions therein lessee’s contained. in the matter of an application by in the matter Keith Clancy Jeffrey Dublin 1 Row, Kelly’s Premises at 8A premises known as 22 and part of the 1, held Upper Gardiner Street, Dublin dated 27 under an indenture of lease Eileen September 1960 made between part and Mary Baker of the one of the other Reginald Keith McDonald from 1 part for a term of 900 years yearly rent January 1960, subject to the on of one shilling and to the covenants therein part and conditions the lessee’s contained. matter of the matter of the (No 2) Act 1978 (Ground Rents) T In the matter of In the matter www.lawsociety.ie LAW SOCIETY GAZETTE
PROFESSIONAL NOTICES 64 PROFESSIONAL NOTICES LAW SOCIETY GAZETTE APRIL 2007
In the matter of the Landlord and the county of Wexford for the acquisi- Tenant Acts 1967-1994 and in the tion of the freehold interest and any NOTICE TO THOSE PLACING matter of the Landlord and Tenant intermediate interest in the aforesaid RECRUITMENT ADVERTISEMENTS IN THE (Ground Rents) (No 2) Act 1978: an property, and any party ascertaining LAW SOCIETY GAZETTE application by Glenkerrin Homes that they hold a superior interest in the Take notice that any person having any aforesaid property are called upon to Please note that, as and from the August/September 2006 issue interest in the freehold estate or any furnish evidence of tagging to the of the Law Society Gazette, NO recruitment advertisements will intermediate interest in property situ- aforesaid property to the below named be published that include references to years of post- ate at the rear of number 12 Ardee within 21 days of the date of this qualification experience (PQE). Road, in the barony of Upper Cross notice. The Gazette Editorial Board has taken this decision based on and city of Dublin, more commonly In default of any such notice being legal advice, which indicates that such references may be in known as Rowans Bakery, Williams received, Myles O’Neill and Anne breach of the Employment Equality Acts 1998 and 2004. Park, Rathmines, Dublin 6, being the O’Neill intend to proceed with the hereditaments and premises comprised application before the county registrar in and demised by a lease dated 14 June of the county of Wexford at the end of 1939 made between William James 21 days from the date of this notice and RECRUITMENT meticulous and computer-literate; good Fenn Wyatt of the one part and John M will apply to the county registrar of the advancement prospects for right person. Smith of the other part for the term of county of Wexford for such orders or Apply to Geraldine Conaghan, 470 years from 14 June 1939, subject to directions as may be appropriate on the TRAINEE SOLICITOR MacBride Conaghan Solicitors, Moville, Co Donegal the yearly rent of £10 thereby reserved basis that a person or persons benefi- CURRENT PPCI STUDENT SEEKS and the covenants on the part of the cially entitled to this interest including NEW TRAINING CONTRACT Sweeney McGann Solicitors is one of lessee and the conditions therein con- the freehold reversion in the aforesaid Hardworking, confident and tained. property are unknown and unascer- bright trainee seeks to switch exist- the leading law firms in the Midwest and Take notice that Glenkerrin Homes tained. ing training contract. Law graduate has experienced considerable growth intends to submit an application to the Date: 6 April 2007 with extensive experience in both over the years. We have a vacancy for a country registrar for the city of Dublin Signed: MJ O’Connor (solicitors for the business and legal environments. senior lawyer, to be highly motivated and will be offered an attractive financial for the acquisition of the freehold applicants), Drinagh, Co Wexford Available to commence interest and any intermediate interest May 2007 package and excellent career opportuni- in the aforesaid property and that any In the matter of the Landlord and ties. Please send applications to: CV on request party asserting that they hold a superi- Tenant Acts 1967-1994 and in the Sweeney McGann, Solicitors, 67 Enquiries to box no 30/07 or O’Connell Street, Limerick; email: or interest in the aforesaid property is matter of the Landlord and Tenant [email protected] called upon to furnish evidence of title (Ground Rents) (No 2) Act 1978:in [email protected] to the below named within 21 days the matter of the application of from the date of this notice. Martin Rafferty of 115 Cork Street Assistant solicitor required for partner Dundalk, Co Louth: solicitor In default of any such notice being in the city of Dublin of general practice in Galway City. Reply required for young, busy, medium- received, Glenkerrin Homes intends to Take notice that any person having an in confidence with covering letter and sized, dynamic practice. Residential con- proceed with the application before the interest in the freehold estate or an CV to Barry Gavin, WB Gavin & Co, 4 veyancing solicitor and large commercial country registrar at the end of 21 days intermediate interest in all that and Devon Place, The Crescent, Galway; property transactions experience neces- from the date of this notice and will those the premises at 115 Cork Street DX 4550 sary. Immediate start. Excellent salary. apply to the county registrar for the in the city of Dublin, being portion of Apply in writing to principal of city of Dublin for directions as may be the premises comprised in an indenture Catherine Allison & Co, 6 Roden Place, appropriate on the basis that the person of lease dated 20 January 1966 and Attention: overworked practition- Dundalk, Co Louth; tel: 042 932 0854 or or persons beneficially entitled to the made between Fry & Company ers/concerned principals. Put your direct email: [email protected] superior interests including the free- Limited of the one part and John mind at rest. When you need assis- hold reversion in the aforesaid proper- Deignan of the second part for a term tance temporarily that doesn’t justify ty are unknown or unascertained. of 114 years from 1 January 1966, sub- a locum – experienced independent Are you: Under pressure? Too Date: 6 April 2007 ject to the payment of the annual rent solicitor (in DX) available to clear busy? Overworked? Do you: Need Signed: O’Donnell Sweeney Eversheds of £20 and to the covenants and condi- backlog, complete registrations/ help to clear a backlog and/or (solicitors for the applicants), One Earlsfort tions therein contained. undertake specific projects. Discreet, to provide specialist advice? Centre, Earlsfort Terrace, Dublin 2 Take notice that Martin Rafferty efficient service. Own insurance and Experienced, reputable solicitor with intends to submit an application to the practising certificate. All areas. own practising certificate and insur- In the matter of the Landlord and county registrar for the city of Dublin References available. Reply to box ance available to undertake litigation, Tenant Acts 1967-1994 and in the for the acquisition of the freehold no 10/07 or email: emoroney@ commercial, IP/IT, employment and matter of the Landlord and Tenant interest in the aforesaid property, and practiceassistance.ie family law work for solicitors’ firms. (Ground Rents) (No 2) Act 1978:an any party asserting that they hold a Short-term, temporary, project or application by Myles and Anne superior interest in the aforesaid prem- consultancy basis. Confidentiality O’Neill ises or any of them are called upon to Conveyancing/commercial solicitor guaranteed. Enquiries to box no Take notice any person having an furnish evidence of title to the afore- required to join Galway city-centre 31/07 or email: [email protected] interest in the freehold estate or any mentioned premises to the below practice, with a strong background and intermediary interest in the dwelling- named within 21 days from the date of excellent knowledge of practices and house and premises in the town of this notice. procedures involved. Contact: Margaret Ferns in the barony of Scarawalsh in In default of any such notice being Tansey; tel: 091 564 236, email: Solicitor’s practice for sale. Well- the county of Wexford, being part of received, Martin Rafferty intends to [email protected] managed, long-established general the property demised by an indenture proceed with the application before the practice for sale. South Dublin sub- of lease dated 28 April 1919 and made county registrar for the city of Dublin Solicitor required for long-established urbs. Principal retiring but willing to between Marion Eleanor Jervish for directions as may be appropriate on Co Mayo practice. Dealing mainly with work part-time at outset if required. White of the one part and George the basis that the person/persons bene- litigation, conveyancing and probate, the Large will cabinet, good turnover. Thomas Chapman of the other part for ficially entitled to the superior interest successful candidate will have excellent Would suit a partnership, branch the term of 99 years, subject to the including the freehold reversion in the career possibilities with a competitive office or sole practitioner. Ref: yearly rent of £24.2 shillings, but aforesaid premises are unknown or remuneration package. Applications ST/2091. Contact: Sonya Tighe, indemnified against £21.2 shillings unascertained. with CV in confidence to Edward Moore Stephens Caplin Meehan, thereof by the remainder of the prem- Date: 6 April 2007 Fitzgerald & Son, Solicitors, Main Chartered Accountants, Blackhall ises the subject of the lease. Signed: Joseph T Deane & Associates Street, Ballinrobe, Co Mayo Green, Blackhall Place, Dublin 7; Take notice that Myles O’Neill and (solicitors for the applicant), St Andrew’s tel: 01 646 9000 or email: Anne O’Neill intend to submit an House, 28/30 Exchequer Street, Solicitor required for general/con- [email protected] application to the county registrar for Dublin 2 veyancing practice: must be careful and
www.lawsociety.ie 65 LAW SOCIETY GAZETTE APRIL 2007 RECRUITMENT RECRUITMENT 67 APRIL 2007 APRIL www.lawsociety.ie LAW SOCIETY GAZETTE
RECRUITMENT LAW SOCIETY GAZETTE APRIL 2007 LAW SOCIETY GAZETTE APRIL 2007 RECRUITMENT
SIGMAR LEGAL Solicitors • Chartered Secretaries • Legal Executives Paralegals • Legal Secretaries
To view a full list of all live legal jobs please go to www.sigmar.ie
PRACTICE Construction / Commercial Property Solicitor x 2 Top tier firm seeks two solicitors at varying levels of experience. This is an ideal role for lawyers looking to take a step up in their career and get involved in better quality work. Successful candidates will work on interesting projects and will build on the existing client base. Partner, associate as well as junior level solicitors are invited to apply. Tax Lawyer One of Dublin’s leading law firms seeking to recruit a Solicitor or Barrister with strong experience in Tax. This is an interesting and varied position that has no compliance or tax return filing duties. It provides an excellent opportunity for a qualified tax person (A.I.T.I.) with relevant experience to be exposed to complex national and international tax planning opportunities. Great opportunity to get into a department at growth stage. Sigmar Legal recruits Banking Solicitor – Junior to Senior across all industry sectors. Sigmar Legal has several openings in top tier law firms for Banking Solicitors from newly qualified up to senior associate level. Positions include advice on all areas of banking law Our client base includes including Asset Finance; General and Domestic Banking; Projects; Construction; Securitisation and Capital Markets. Previous experience in a commercial law firm as a banking solicitor required. professional services firms, Corporate Energy Solicitor international/ domestic banks, Strong firm with an excellent reputation requires a Solicitor who has Corporate Energy experience or a solicitor who has an interest in developing energy expertise through involvement in advising and legal transaction work on behalf of industry leaders in the telecoms, logistics, IT and energy sector. City Centre based.
semi state bodies. IN HOUSE In House Lawyer – Research / Medical / Commercial This position will suit a solicitor / barrister with broad commercial experience interested in working for a statutory body. This is a broad & varied role – the person will advise on research, ethics, compliance, commercial agreements, property transactions and corporate governance. Initially it will be a 6 month contract with a view to permanency.
In House Counsel Based in Dublin, you will work for our client who are leaders in their field. This is a role which offers plenty of autonomy yet has support from the UK arm of the firm. You will have extensive drafting skills and come from a top tier law firm, looking to take the first step in-house. Commercial experience desirable. Legal Executives – Corporate Highly successful Dublin based law firm requires legal executives ( Corporate) to join their expanding team.Typical duties will be Legal and non-legal research, Company incorporation, Document management, Assisting in due diligence exercises, Document legalisation, Assisting with transaction completion activities etc. Great name to get on your CV. Company Secretary Assistant Manager – Senior Appointment Our client seeks a top class and fully qualified Company Secretary with previous supervisory experience. You will work for a leading law firm where the Company Secretarial team is an integral part of the organisation. The team has a broad client base ranging from start-up companies to public limited listed companies and provide advice and consultancy on all aspects of company law.
To apply for any of the above positions please contact Aoife Ni Riain, Jill Mullhern or Cathy Ni Luanaigh on 01 4744609 or [email protected] ALL INFORMATION IS HELD IN STRICTEST CONFIDENCE AT SIGMAR.
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LAW SOCIETY GAZETTE APRIL 2007 RECRUITMENT
MORAN & RYAN WATERFORD CITY SOLICITORS ASSISTANT SOLICITOR
Assistant Solicitor required for our large busy Head of Conveyancing general practice.
Department wanted. The applicant must have a good background experience in Conveyancing or Litigation to include Extensive experience in both District Court and Family Law. The residential and commercial applicant must also be Computer Literate and conveyancing required. have good Inter-personal, Communication and Organisational Skills.
Will be ambitious and self-motivated Attractive salary available to reflect the position and as will be managing a small busy experience of the successful Candidate. hardworking team. Apply in confidence with C.V. to Excellent salary and incentives for Martin Bolger, Office Manager. suitable candidate. NOLAN FARRELL & GOFF Apply in writing only, including CV. SOLICITORS & NOTARIES NEWTOWN WATERFORD Moran & Ryan, Solicitors, TELEPHONE:- 051 - 859999; FAX NO:- 051 - 873804; Arran House, 35 Arran Quay, Dublin 7. E-MAIL: [email protected] Email: [email protected]
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ILSG PG April 07 26/3/07 12:46 Page 1
OPPORTUNITIES ACROSS THE BOARD
LONDON HONG KONG PARIS DUBLIN SYDNEY AMSTERDAM DUBAI BRUSSELS FRANKFURT
When you make a career move through Commercial and Legal Manager, Dublin €120k Laurence Simons you’ll find we take a very Our client a global provider of aircraft finance is looking to recruit an associate lawyer to join its team. This role will involve the project management of lease, sale and purchase transactions as well as managing compliance issues. personal approach to making sure your move You will manage a small team and have excellent legal and commercial abilities with a flexibility and willingness to is in the right direction. travel. Ref: 21331. Contact [email protected] In-House, Senior European Counsel, Dublin €300k Leading international insurance organisation, requires a senior European Counsel. You will have responsibility for managing We take the time to get to know you as the group legal affairs in Europe including corporate and regulatory compliance, product development, policy wordings and an individual and understand your career claims litigation. This is a senior position for an ambitious professional with an insurance or reinsurance background gained in a major law firm or as an in-house counsel. Ref: 20370. Contact [email protected] ambitions, both short and long term. Legal Counsel, Dublin €85k+ This is a superb opportunity to work for a global technology organisation. You will be required to assist with the delivery We only put you forward as a candidate of high quality legal contracts and give daily advice to the business. You will have excellent drafting skills with particular where we believe your personality and work regard to complex IT agreements. You will have the ability to work on your own initiative and work under pressure within a very busy team. Ref: 11203. Contact [email protected] ethic will fit seamlessly with the culture of In-House Banking/Financial Services, Dublin €70k the firm in question and where your career Our client is an established participant in international structured credit and securitisation markets. An excellent and promotion prospects will be well served opportunity to join the bank’s credit structuring team reporting to the Head of Department and working with a busy team. You will have experience in general banking law, capital markets or structured finance. Excellent path for career in the future. progression. Ref: 15857. Contact [email protected] Legal and Commercial Director, Dublin €110k We treat all our dealings with you with Our client is a leading provider of IT solutions. Already at a senior associate level, your responsibilities will include the negotiation, drafting and analysis of a wide range of commercial agreements. You will assist in organisations ongoing honesty, integrity and discretion and keep growth and have an influence on its strategic direction You will also have the ability to communicate fluently with senior you fully briefed throughout. management. Business and commercial awareness a must. Ref: 16049. Contact [email protected] Corporate x 2, Dublin €60k+ It’s an individual and proactive approach to A leading boutique practice is looking to recruit 2 junior corporate lawyers. Ideally you will come from a top or mid sized practice and will join a small, but highly skilled corporate team working in an international context. You will have exposure to M&A, recruitment that’s much appreciated by the shareholder agreements and a wide range of corporate work. Ref: 16261. Contact [email protected] many well known firms who use us to find Probate/Wealth Management, Dublin € Negotiable lawyers at all levels from the newly qualified A leading niche practice wishes to appoint a probate/wealth management lawyer at associate or junior partner level. This is a new role within the firm offering plenty of autonomy. You will advise high net worth individuals in relation to to partners and teams. capital tax planning, administration of trusts and estates and associated areas. Excellent terms. Ref: 16251. Contact [email protected] They know that anyone we put forward as a Legal Counsel, Kildare Up to €100k Our client, a leading international retail entity has a requirement for an in-house lawyer to join the global legal team at candidate merits serious consideration, which associate or junior partner level. The role is broad and will include: real estate, licensing, brand commercialisation, is why so many of our placements are through corporate and compliance matters, marketing review, general commercial law, intellectual property & data protection. Ref: 16068. Contact [email protected] personal referral or recommendation. Litigation, Dublin € Negotiable An exciting opportunity exists for a litigation lawyer at associate or junior partner level to join a leading mid sized practice. Come and talk to us about your next career You will become involved in an array of litigation matter at local and European level. Experience in arbitration and mediation move. We will always find time to listen. is essential. Ref: 14498. Contact [email protected] Financial Services Lawyer, Dublin base with international travel €70k Harcourt Centre Harcourt Road Dublin. 2 Our client is a leading provider of financial services. Its European headquarters based in Dublin is looking to recruit a junior banking or corporate lawyer. You will have gained excellent training in a leading firm and now wish to develop your career Tel: +353 (0) 1 402 9400 Fax: +353 (0) 1 402 9590 in-house. Excellent basic and bonus is offered as well as international travel to other global financial centres across Search for positions online at www.laurencesimons.com Europe and US. Ref: 6432. Contact [email protected]
Contact Telephone numbers: Sharon Swan +353 (0) 1 477 3066 Portia White +353 (0) 1 477 3063