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Download Bar Review Volume 21 TITLE THE BAR Volume 21 Number 6 RJournal of TEhe Bar of IVreland IEW December 2016 Court of Appeal rules on repossessions Publish ing O ctober –Decem ber 2 016 Law of C ompanies , Intellec tual P rop er ty Keane on 4th edition Law in I reland Compan y L aw Thomas B . C our tne y Rober t C lark , S hane Sm yth, Brian G Hut chinson BloomNiamsh Hball ury P rofessional The C ompanies A ct 2014 makes the Keane on C ompan y La w, F if th E dition most far -r eaching and fundamen tal A detailed guide t o pa ten ts , c op yr igh t (pr evious edition: C ompan y La w changes t o I rish c ompan y la w in t wo and tr ademar k la w. I t c overs all r elev an t by Justic e R onan Keane) c overs the gener ations , putting f or war d a r adically Eur opean leg isla tion and tr ac es its Companies A ct 2014 and is essen tial di er en t appr oach wher eb y the pr iv ate wea ving in to I rish la w. I t details E ur opean reading f or studen ts , solicit ors and compan y limit ed b y shar es will bec ome case la w t ogether with r elev an t case la w bar rist ers alike . A ll the changes t o I rish the new model c ompan y. The struc tur e fr om c ommon wealth compan y leg isla tion ar e c over ed in a of the f our th edition coun tr ies , as w ell as pr ac tical and user - of this highly r egar ded detailing an y I rish cases fr iendly struc tur e. title mir rors this on the thr ee ar eas and new A ct. also c overs desig n la w. ISBN: 9781780438405 ISBN: 9781780435411 ISBN: 9781780435428 Forma t: Har dback Forma t: Har dback Forma t: Har dback Pric e: €275.00 NO Pric e: €245.00 NO Pric e: €195.00 NO W I W I W I Pub da te: O ct 2016 ST N Pub da te: No v 2016 ST N Pub da te: No v 2016 ST N OCK OCK OCK Emplo ymen t L aw, Judicial Re vie w, 2nd edition 3r d edition Consultan t edit or , M ae ve R egan; Mark de Blacam Gener al edit or: A ilbhe Murph y Covers the g rounds f or r eview , def enc es This pr ac tical guide br ings t ogether the to an applica tion, the r emedies and kno wledge and e xper tise of I reland ’s pr oc edur es in volv ed and c overs the leading emplo ymen t, tax and pensions Rules of the Super ior C our ts 2011, SI la w pr ac titioners . This new edition 691/2011. I t is the denitiv e t ext on includes the w or kings of the Wor kplac e judicial r eview a vailable in I reland and Rela tions C ommission, also of impor tan t whistleblo wing , health ref er enc e in the and saf et y, media tion, Unit ed K ingdom. agenc y w or kers , restr ain t of tr ade and injunc tions . ISBN: 9781847663764 ISBN: 9781780437026 Forma t: Har dback Forma t: Har dback Pric e: €245.00 Pric e: €265.00 Pub da te: Jan 2017 Pub da te: D ec 2016 All pr ic es + €5.50 P&P Or der y our cop y t oda y Con tac t Jennif er Simpson on T: +353 (0) 1 6373920, E: jennif er .simpson@bloomsbur y.c om OR email sales@g ill .ie Buy online a t www.blo omsbur ypr of essional .c om/ie CONTENTS The Bar Review The Bar of Ireland Distillery Building 145-151 Church Street Dublin DO7 WDX8 Direct: +353 (0)1 817 5166 Fax: +353 (0)1 817 5150 Email: [email protected] Web: www.lawlibrary.ie 173 EDITORIAL BOARD Editor Eilis Brennan BL 177 Gerry Durcan SC Brian Kennedy SC Patrick Leonard SC Paul Anthony McDermott SC Sara Moorhead SC Brian Murray SC James O'Reilly SC Mary O'Toole, SC Mark Sanfey SC Claire Bruton BL Claire Hogan BL Mark O'Connell BL Ciara Murphy, Director 180 Shirley Coulter, Director, Comms and Policy Vanessa Curley, Law Library Deirdre Lambe, Law Library Rose Fisher, Events and Administration Manager Tom Cullen, Publisher Paul O'Grady, Publisher PUBLISHERS Published on behalf of The Bar of Ireland by Think Media Ltd Editorial: Ann-Marie Hardiman Paul O’Grady Colm Quinn Design: Tony Byrne 184 Tom Cullen Niamh Short Advertising: Paul O’Grady Message from the Chairman 165 Clearing the statute book 177 Commercial matters and news items relating to The Bar Review should be addressed to: Editor’s note 166 LEGAL UPDATE xxxvi Paul O’Grady The Bar Review News 166 Law in practice 180 Think Media Ltd Employment Bar Association Conference Making workplace investigations work 180 The Malthouse, Introducing The Gaffney Room Prepare for change 184 537 NCR, Dublin DO1 R5X8 Woman Lawyer of the Year Tel: +353 (0)1 856 1166 Fax: +353 (0)1 856 1169 Obituary 187 Email: [email protected] Young Bar update 171 Maurice Gaffney SC Web: www.thinkmedia.ie New Committee elected www.lawlibrary.ie Law in practice 173 Closing argument 188 Views expressed by contributors or Court of Appeal rules on rateable valuation 173 Time to get tough correspondents are not necessarily those of The Bar of Ireland or the publisher and neither The Bar of Papers and editorial items should be addressed to: Ireland nor the publisher accept any responsibility for them. Rose Fisher at: [email protected] THE BAR REVIEW : Volume 21; Number 6 – December 2016 164 MESSAGE FROM THE CHAIRMAN We must defend the rule of law The recent attack on judges in the UK for performing their duty is worrying. Representing and promoting the Bar Supreme Court legal assistance scheme Since the Oireachtas committee hearings in September 2016 into motor insurance Following contacts with the Chief Justice and the Law Society, a pilot scheme has costs, the Joint Committee on Finance, Public Expenditure and Reform, and been established to assist unrepresented litigants who are parties to appeals before Taoiseach has published its ‘Report on the Rising Costs of Motor Insurance’. the Supreme Court. A panel of volunteer barristers and solicitors willing to act at Representatives of the Council met with Eoghan Murphy TD, Minister of State for the request of the Supreme Court is being established. Details have been circulated (inter alia ) Financial Services, and his officials in advance of the finalisation of this to members through the In Brief newsletter. report to ensure that the views of the Bar were represented. The establishment of a personal injuries commission has been recommended and we have sought the Amicus curiae opportunity to contribute to the work of this commission when established. The The Council successfully made an application to be joined as amicus curiae in a Council, at its November meeting, agreed to establish a new non-permanent Supreme Court appeal relating to the system of taxation of costs. The appeal (in committee on insurance and personal injuries to facilitate a proactive forum and Sheehan v Corr ) is due to be heard on February 21, 2017. ongoing engagement between both members and Government bodies in this area. I met recently with the Tánaiste and Minister for Justice and Equality, Frances Maurice Gaffney SC Fitzgerald TD. This was a positive engagement and an opportunity to discuss issues It was with great sadness that we learned of the passing of our friend and including the publication of a judicial appointments bill, the need to establish a colleague, Maurice Gaffney SC. The obituary written by David Nolan SC in mechanism to address matters arising in the criminal legal aid scheme, the this edition provides us with great memories of our much loved colleague implementation of the Legal Services Regulation Act (LSRA), and in particular, the and our deepest sympathy has been extended to his wife Leonie and his need to prioritise the commencement of that part of the Act dealing with legal family. His drive for excellence, his determination, his can-do spirit and his costs. The Council will host an Oireachtas day in January 2017 to meet with TDs commitment to the Bar will inspire and stay with us always. We hope to be and senators, share information with them on the work undertaken by the Bar, able to have his family with us when we formally dedicate The Gaffney Room and highlight areas of policy such as those already mentioned above. in the new year. May he rest in peace. Defending the rule of law and the judiciary I have spoken with many colleagues in recent weeks about the vilification of judges in the UK following the ruling against the government in the Article 50 case. This is a disturbing and objectionable development. An independent, impartial judiciary is fundamental to a working democracy and the rule of law. Any attack on a judge for performing his or her fundamental role in that democracy is an attack on the rule of law and democracy itself, and is to be condemned. Irish judges are not immune from this kind of treatment and we have witnessed of late some politicians abusing their privilege to criticise individual judges in circumstances where they know that the judiciary is constrained from responding.
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