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Anonymous? Law Society of Ireland How the Courts Can Unmask Internet Users Court Applications Under the Companies Acts by Mahmud Samad, BCL, LLM (Cantab), Barrister

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Anonymous? Law Society of Ireland How the Courts Can Unmask Internet Users Court Applications Under the Companies Acts by Mahmud Samad, BCL, LLM (Cantab), Barrister L A W BROWN-BAGGING IT FULSOME PRISON BLUES BREAKING BAD? SO Are ‘plain packaging’ A court has held the State The downturn has led to C I ETY GAZETTE proposals the start of a liable for injuries sustained in higher numbers seeking slippery trademark slope? a prisoner-on-prisoner assault to exercise break clauses • Vol 107 No 7 • Vol LAW SOCIETY LAW GAZETTEGAZETTE€4.00 Aug/Sept 2013 AU G /SEPT 2013 ANONYMOUS? Law Society of Ireland How the courts can unmask internet users Court Applications under the Companies Acts By Mahmud Samad, BCL, LLM (Cantab), Barrister The Companies Acts 1963-2012 contain Topics covered in the book include: over 200 court applications, ranging from applications vindicating the rights of • Introduction to corporate litigation minority shareholders to the winding up of • Introduction to Irish companies companies for failure to pay their debts. The • Articles and memorandum of association object of this text is to provide a discussion of every application, focusing not only on • Directors’ duties the applicable legal principles, but on the • Registration of charges procedure involved in issuing and prosecuting • Minority shareholders’ rights and remedies proceedings. This includes discussion of: • Remedies against un-liquidated insolvent companies n the proofs for each application • Compromises and schemes of arrangement Format: Hardback n the necessary documentation (including the content of affidavits, petitions and notices) • Receivership Price: €185.00 + €5.50 P&P for every application • Examinership n service of proceedings • Powers and duties of examiner Pub date: Sep-13 n time limits n defences • Voluntary winding up ISBN: 9781780432229 n costs • Compulsory winding up • Compulsory winding up of insolvent The book guides readers through the steps companies involved in making each court application • Committees of inspection About the author and, as such, serves as a practical and unique • Power and duties of liquidator Mahmud Samad Samad is is a aBarrister-at-Law, Barrister-at-Law, resource to legal practitioners – or indeed having been been called called to to the the Bar Bar in in2007. 2007. anyone else – contemplating litigation under • Examination of certain persons on a He specialisesspecialises in in commercial commercial law, law, with with a a the Companies Acts. winding up strong focus focus on on company company law, law, corporate corporate • Reckless and fraudulent trading and personalpersonal insolvency, insolvency, bankruptcy bankruptcy and and In addition to providing a thorough and up- • Avoiding certain transactions on a debt recovery.recovery. Mahmud Mahmud obtained obtained his his law law to-date analysis of the law (covering statutes, winding up degree from from NUI NUI Galway Galway in in 2006 2006 and and went went rules of court, practice directions and case • Restriction and disqualification of company on toto complete complete an an LLM LLM at at the the University University law from key jurisdictions) and in-depth of Cambridge.Cambridg. In addition toto practising practising as as a a directors discussion of practice and procedure, Court barrister, Mahmud Mahmud has has worked worked with with Herbert Herbert • Company restorations Smith LLP, LLP, a a leading leading international international law law Applications under the Companies Acts contains • Annulling an order of dissolution after firm inin thethe areaarea of ofcommercial commercial litigation. litigation. a generous collection of detailed precedents He isis alsoalso an an accredited accredited mediator mediator and and for specific applications. The precedents are company wound up has workedworked as as a a tutor tutor on on the the mediation mediation based on real applications coming before • Company inspections and inquiries course run run by by Mediation Mediation Forum Forum Ireland. Ireland. the courts and have been contributed by the • Security for costs His publicationspublications to to date date include include numerous numerous author and other legal practitioners. Finally, articles published published in in some some of of Ireland’s Ireland’s each chapter sets out the key amendments to • Applications concerning public leadingleading professional professional legal legal journals. journals. be introduced by the Companies Bill 2012 to limited companies the applications discussed in that chapter. It • Applications concerning the Supervisory is hoped that this will facilitate practitioners Authority under the Companies (Auditing in making a smooth transition once the Bill is and Accounting) Act 2003 enacted into law. • EU Insolvency Regulation To order this title call +353 1 5009599 or go to PUBLISHINGPTEMBER www.bloomsburyprofessional.com SE 2013 Law Society Gazette www.gazette.ie Aug/Sept 2013 PRESIDENT’S MESSAGE 1 REINVENTING LEGAL SERVICES begin this month’s message with a very heavy heart, August, we learned of ‘JDR’, following the passing, at the very untimely age of or judicial dispute resolution. I 62, of Mr Justice Kevin Feeney while on holidays By this process, parties with his family in Ballycotton in Co Cork. Throughout a are encouraged to actively distinguished career at the Bar, and later during his entire participate and enable a judge time on the High Court bench, Kevin represented all that to narrow the issues. They do is good in a lawyer. He treated everyone equally, and with so in good faith and without respect and compassion. I extend my deepest sympathies to prejudice. his wife Geraldine and the entire Feeney family. The process often results Kevin’s passing followed just two weeks after the sad loss in a resolution of the dispute by the Society’s junior vice-president, Stuart Gilhooly, of his earlier than the litigation or father, the distinguished senior council James Gilhooly. Our trial process. The positives deepest condolences also go to Stuart and his family. The cannot be overstated, as the “Endeavouring to fact that Kevin Feeney and James Gilhooly were both guests parties will have been enabled at the Law Society’s annual dinner in Blackhall Place on to move on more quickly. reinvent the 12 July 2013 must cause us all to reflect on the frailty and Their lawyers will have delivery of legal uncertainty of life. been enabled to recover their services is a topic In the July Gazette, I referred to some of the concerns fees and close their that had been expressed at meetings with several bar files quickly too. close to the top of associations. It will come as no surprise to report that most Finally, I warmly welcome the agenda of every of the concerns are shared with our colleagues all around the expansion of the number the world, and that includes the Legal Services Regulation of members of the Supreme law society” Bill – and how, when ultimately implemented, some of its Court and I extend my provisions might be introduced elsewhere. heartiest congratulations to The one thing that is certain is that we cannot, as a Law Ms Justice Mary Laffoy Society or as practitioners, stand still. Practitioners and and Ms Justice Elizabeth Dunne on their recent law societies everywhere are using their best endeavours nominations for appointment to that court. We hope to face up to the challenges of the 21st century. Access to that the expansion of the Supreme Court will speed the justice issues arise everywhere. Endeavouring to reinvent processing of appeals. the delivery of legal services is a topic close to the top of This expansion of the Supreme Court is an interim the agenda of every law society or bar association we have measure to deal with the completely unacceptable delays consulted with. of up to four years in hearing High Court appeals. The answer to the problem is the proposed Court of Appeal. Judicial dispute resolution Ken Murphy served on the working group, chaired by Chief When all practitioners are challenged to find ways of Justice Susan Denham, that in 2009 produced the excellent generating income, we must, for example, examine ways report recommending a Court of Appeal as a necessary of speeding up the resolution of disputes. It may be that part of Ireland’s justice infrastructure. The Society fully some of these changes will be inspired by the judiciary. supports this proposal and, naturally, we urge you to vote in The growing use of alternative dispute resolution is to be support of the measure in the constitutional referendum on welcomed. At a meeting with Canadian judges in Dublin in 4 October 2013. G James McCourt President 2 CONTENTS Law Society Gazette www.gazette.ie Aug/Sept 2013 Law Society Gazette Volume 107, number 7 Subscriptions: €60/€90 Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle Art director: Nuala Redmond SOCIETY LAW Editorial secretaries: Catherine Kearney, GAZETTEGAZETTE Valerie Farrell Commercial advertising: Seán Ó hOisín, tel: 086 811 7116, REGULARS email: [email protected] 4 News Practitioners’ Handbook; Corruption Law; For professional notice rates (wills, title deeds, employment, miscellaneous), see page 60. and The Last Sting of a Dying Wasp 12 Analysis 45 Reading room: Travel law and holiday Published at Blackhall Place, Dublin 7, 12 News feature: Reforming the litigation books in the Society’s library tel: 01 672 4828, fax: 01 672 4877. family law system Email: [email protected] 14 Human rights watch: The Marie Website: www.gazette.ie 47 Briefing Fleming Supreme Court judgment 47 Council report: 12 July 2013 Printing: Turner’s Printing Company Ltd, 48 Practice notes Longford 16 Comment 53 Regulation: Solicitors Disciplinary
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