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Gazette€3.75 March 2008 LAW SOCIETY Gazette€3.75 March 2008 WINGING IT: Airlines and passenger rights INSIDE: HOLY GRAIL OF PARTNERSHIP? • CLOSE GUANTÁNAMO • ELECTRONIC TAGGING • YOUR LETTERS LAW SOCIETY GAZETTE MARCH 2008 CONTENTS On the cover LAW SOCIETY Over the last 15 years, air travel has changed beyond all recognition, especially in Ireland. But Irish consumers now comprise 16% of all European complainants Gazette about passenger treatment. So will EU regulations help? March 08 PIC: GETTY IMAGES Volume 102, number 2 Subscriptions: €57 REGULARS 5 President’s message 7 News Comment 13 13 Letters 14 Viewpoint: independent immigration appeals process essential Analysis 18 18 News feature: reform of Bosnia/Herzegovina’s court procedures 21 News feature: landmark mediation decision: costs 9 impact? 22 Human rights watch: immigration and the rights of the child 22 One to watch: misleading advertising regulations 49 People and places Book review 50 Poynings’ Law and the Making of Law in Ireland, 1660–1800 Briefing 51 51 Council report 52 Practice notes 54 Legislation update: acts passed in 2007 12 57 Solicitors Disciplinary Tribunal 58 Firstlaw update 59 Eurlegal: EU public procurement rules 63 Professional notices 69 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 63. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 01 837 5018, fax: 01 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, Ken Murphy, 49 Philip Nolan. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE MARCH 2008 Get more at lawsociety.ie PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO: LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up to the current issue at lawsociety.ie. COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] You can also check out: • Current news HAVE YOU MOVED? Members of the profession should send change-of-address • Forthcoming events, including the Law Society details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] annual conference, Budapest, 26–30 March 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: 26 Turbulence ahead Advances have been made over the last few years in the area of air passenger rights, but airlines are accused of exploiting the vagueness of the regulations to minimise their obligations. Andrew Fergus fastens his seatbelt Till death us do part 30 According to an 1868 report, good marriage law should combine a maximum of simplicity and a maximum of certainty. So how does current Irish law measure up? Michael McNamara pops the question Game of tag 34 Electronic monitoring of offenders will be an innovation in Ireland once the relevant provisions are commenced, but Tanya Moeller argues that the impact on the right to privacy has not been sufficiently considered Seen and heard 38 Many practitioners dealing with childcare cases are 34 concerned that the functions and powers of the guardian ad litem are in need of urgent reform. “Won’t somebody please think of the children?” asks Katie Dawson Stop the presses 42 New regulatory structures have added new elements to the institutional mix in which issues involving the print media and the law are discussed. Prof John Horgan explains how the new structures will work Partnership – the Holy Grail? 46 Bringing good people up through the ranks is more important than ever in law firms. But are younger lawyers as set on the goal of partnership as their predecessors? David Rowe hunts for treasure 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 42 www.lawsociety.ie 3 PRESIDENT’S MESSAGE LAW SOCIETY GAZETTE MARCH 2008 Cothrom na féine his is the time of year when the president gets the opportunity to meet extensively with members throughout the country at bar association meetings T and other events. This feedback is essential. Naturally, we hear of the disappointment and, frankly, anger of colleagues at the actions of the few. There is also dissatisfaction that solicitors rarely get public acknowledgement of the excellent work done by the overwhelming majority to the complete satisfaction of their clients in hundreds of thousands of transactions every year. Bad press for lawyers is nothing new and has been a phenomenon for centuries. We cannot allow it to deflect us from the challenges and opportunities that face the profession at this time. I am delighted, therefore, that the overwhelming mood at meetings of colleagues around the country is positive and progressive and focused clearly on what lies ahead. Exciting option One such recent meeting was the launch of the East Coast Collaborative Lawyers. This group, Finally, a major international conference on “We cannot comprising solicitors and other professionals, is commercial arbitration is being held in Dublin from allow bad press following the lead of colleagues in Cork and Dublin 8–10 June 2008. The Society is pleased to support in providing collaborative justice options for families this conference, which is being brought to Ireland to deflect us in crisis. While not favoured by all, it nonetheless by our colleagues at the Bar. from the provides a new and exciting option, and I am delighted that solicitor colleagues are taking the Rule of Law Project challenges and lead. I was particularly struck by the fact that It is also refreshing to note that, notwithstanding opportunities reference was made at the launch to the presidential any difficulties we have, there is an understanding message in the last Gazette. I was firmly of the view within the profession that the difficulties that face the that such messages are only read by the author. experienced by many of our colleagues abroad are profession” The launch also featured a very inspiring address much greater. I would particularly like to applaud by Mrs Justice Catherine McGuinness, further the work of the Rule of Law Project initiated by underlining the importance of alternative dispute Michael Irvine and Turlough O’Donnell SC. Any resolution mechanisms. solicitor prepared to become involved and give up 2008 looks like it will be a red-letter year for their time to help lawyers in developing countries alternative dispute resolution. First and foremost, should contact [email protected]. the Law Society will be launching its own arbitration Finally, it is time to start training for the Calcutta and mediation schemes and I would strongly Run, which will be held on 17 May. This is the run’s encourage colleagues to support them. tenth anniversary and the ambition this year is to Secondly, there will be an international break the €2-million ceiling in terms of funds conference on collaborative justice held in Cork generated to date for GOAL’s orphanages in Calcutta from 1–4 May, offering Ireland an opportunity to and the Fr Peter McVerry Trust in Dublin. G showcase the talent that is available here to undertake this work, for which there are both James MacGuill domestic and international opportunities. President www.lawsociety.ie 5 NEWS LAW SOCIETY GAZETTE MARCH 2008 nationwide Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] ■ KERRY law and the elderly. An upcoming Matthew Breslin, president of seminar on the complexities of Kerry Law Society, tells me that VAT on property transactions is the recent initiative of the planned, as well as a social event President of the High Court to in the coming months. roll out non-jury sittings throughout the country, and to ■ MAYO Kerry in particular, has worked The plight of the Ballina District very well. Kerry practitioners are Court Office continues to be a looking forward to none other matter of concern to practitioners than the Chief Justice himself in the town. Dermot Hewson has and the President of the High been to the fore in raising the Court to preside over further profile of the issue, both with sittings in May. local politicians and other In the meantime, there is interested parties. Circuit Judge some concern about the Madrid: possible venue for Kerry’s annual conference Patrick Moran has also lent his courthouse in Tralee being under support and has written directly threat of closure.
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